New York v. United States
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| New York v. United States | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 505 U.S. 144 (1992) |
| Date decided | 1992 |
Facts
Congress passed the Low-Level Radioactive Waste Policy Amendments Act of 1985 which included a “take title” provision. This provision directed the States to regulate the field of radioactive waste.
Issues
Whether Congress has the power to direct the states to regulate a field or whether this power is limited by the Tenth Amendment.
Holding
While Congress has substantial power under the Constitution to encourage the States to provide for the disposal of the radioactive waste generated within their borders, the Constitution does not confer upon the Congress the ability simply to compel the States to do so
Rule
Congress may not simply commandeer the legislative process of the States by directly compelling them to enact and enforce a federal regulatory program. I may, however, attach conditions on the receipt of federal funds.
