Re: MACK vs BRADY

http://www.law.cornell.edu/supct/html/95-1478.ZO.html

"Much of the Constitution is concerned with setting forth the form of our government, and the courts have traditionally invalidated measures deviating from that form. The result may appear `formalistic' in a given case to partisans of the measure at issue, because such measures are typically the product of the era's perceived necessity. But the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day." Id., at 187.

We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed.
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http://www.freedomsphoenix.com/Article/048614-2007-06-22-mack-vs-brady-10-yea...

Mack vs. Brady

1O YEARS LATER... “What frustrates me to this day is the fact that state legislatures ignore the door that this case opened for them to keep the feds in DC. My other concern is that Congress violates his ruling from the Supremes on pretty much a daily basis. Why would we expect anything else from them? They violate the rest of the Constitution as a matter of routine also.” Mack said.