This week the Ohio Senate’s Committee on State and Local Government passed Continuing Resolution 13 (S.C.R. 13), non-binding legislation that “reaffirms” the supremacy of the Tenth Amendment of the United States Constitution. The Tenth Amendment provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The resolution implies that the federal government has only those powers that are expressly delegated to it. However, this view of the Constitution has been consistently rejected by the U.S. Supreme Court. Moreover, limiting the powers of the federal government to only those expressly delegated to it could render numerous federal laws—including those related to environmental protection, health care, and civil rights—unconstitutional.
Read OEC’s testimony in opposition to S.C.R. 13, criticizing the resolution and highlighting its potential to impact environmental protection.
UPDATE: OELC quoted in The Daily Reporter