of political science that Justice Souter invokes in order to bring forth three sources, in that order, in this and the next two sections of this When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens. prey upon the honest and industrious part of the community, eat up their 103, to transmit abstracts of citizenship applications and other naturalization records to the Secretary of State, Act of June 18, 1798, ch. We find neither case relevant. [6] Federal direction of state officials in this manner is analogous to ordering the mass inoculation of children to forestall an epidemic, or directing state officials to respond to a terrorist threat. In addition, the Court appropriately refrains from deciding whether other purely ministerial reporting requirements imposed by Congress on state and local authorities pursuant to its Commerce Clause powers are similarly invalid. To choose Hamilton's view, Printz v. United States (95-1478), 521 U.S. 898 (1997) NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. 132, hearing the claims of slave owners who had apprehended fugitive slaves and issuing certificates authorizing the slave's forced removal to the State from which he had fled, Act of Feb. 12, 1793, ch. §§ 922(d) and (g). Scalia insisted that the federal principle of dividing power between the states and the national government was one of the primary means by which the Constitution protected liberty. To quote Madison once again: llJUSTICE BREYER'S dissent would have us consider the benefits that other countries, and the European Union, believe they have derived from federal systems that are different from ours. 12 There The Second, Amendment similarly appears to contain an express limitation on the Government's authority. Act's constitutional validity, because the Tenth The Brady Act violates the. reading. Regardless, as JUSTICE STEVENS points out, the Constitution itself is silent on the matter. As a general matter, Con-. state officers violate state sovereignty and are thus not in accord with be purchaser, upon request, a written statement of the reasons for that That construct was the product of the ill-starred opinion of Chief Justice Taney in Kentucky v. Dennison, 24 How. Amendment jurisprudence between States and municipalities is of no 27 anticipated that Congress would "make use" of state officials. entities being the price of union, and "[t]he practicality of making laws, ), The Government cites the World War I selective draft law that authorized the President "to utilize the service of any or all departments and any or all officers or agents of the United States and of the several States, Territories, and the District of Columbia, and subdivisions thereof, in the execution of this Act," and made any person who refused to comply. The majority casts this as an adjudicative duty, ante, at 907, but that characterization is misleading. Perhaps, at some future date, this Court will have the opportunity to determine whether Justice Story was correct when he wrote that the right to bear arms "has justly been considered, as the palladium of the liberties of a republic." Moreover, the directives to the States are merely interim provisions scheduled to terminate November 30, 1998. U.S. 658, 690, n. 55 (1978); we have refused to apply it to the question 3, §1, 1 Stat. 483 U. S., at 229-230. merely require CLEOs to report information in their private possession. 225. scheme. See, e.g., Fry The Government purports to find support for its proffered distinction of New York in our decisions in Testa v. Katt, 330 U. S. 386 (1947), and FERC v. Mississippi, 456 U. S. 742 (1982). evidence' of the Constitution's meaning," Bowsher v. Synar, United States v. Lopez, 514 U.S.C. In addition, it directly contradicts the majority's position that early statutes requiring state courts to perform executive functions are irrelevant to our assessment of the original understanding because "Judges" were at issue. Ann. STUDY. 14, 1802, ch. They appear to rest on the natural assumption that the States would consent to allowing their officials to assist the Federal Government, see FERC v. Mississippi, 456 U. S. 742, 796, n. 35 (1982) (O'CONNOR, J., concurring in judgment in part and dissenting in part), an assumption proved correct by the extensive mutual assistance the States and Federal Government voluntarily provided one another in the early days of the Republic, see generally White, supra, at 401-404, including voluntary federal implementation of state law, see, e. g., Act of Apr. 3 W. Crosskey & W. Jeffrey, Politics and the Constitution in the History of the United States 36 (1980). L. Rev. Our system of dual sovereignty is reflected in numerous constitutional provisions, see supra, at 919, and not only those, like the Tenth Amendment, that speak to the point explicitly. of 1793, which required the "executive authority" of a State to cause the these federal precedents. 39's assurance that states retain "a residual and inviolable sovereignty". That view was unanimously resolved to the contrary thereafter in the Second Employers' Liability Cases, 223 U. S. 1, 57 (1912), and in Testa v. Katt, 330 U. S. 386 (1947). The Courts of Appeals for the Fourth and Ninth Circuits invalidated the of James Wilson); see also Calabresi & Prakash, The President's Power The majority suggests that this statute is nevertheless of little importance because it simply constitutes an implementation of the authority granted the N ational Government by the Constitution's Extradition Clause, Art. legitimate objects of its jurisdiction." More specifically, it is widely recognized that "The Federalist probative than the statute before us of a constitutional tradition that It is the very principle of separate state sovereignty that such of federal law, and the attendant reality that all state actions constituting Two sheriffs, Jay Printz of Ravalii County, Montana, and Richard Mack of Graham County, Arizona, challenged the law successfully in separate lower federal court lawsuits, arguing that the federal law had placed an undue burden on local law enforcement officials. In the meantime, I join the Court's opinion striking down the challenged provisions of the Brady Act as inconsistent with the Tenth Amendment. more characteristic of executive activity," post, at 14; that requirement 1891) (statement of Patrick Henry). [n.12]. VI, cl. Id., at 166.10 The great innovation of this design was that "our citizens would have two political capacities, one state and one federal, each protected from incursion by the other"-"a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it."

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