from States’ rights and towards federalism can be clearly seen. In 1954, the Supreme Court handed down one of its most famous decisions in Brown v. The Board of Education . The decision was a reversal of Plessy v. Ferguson , and essentially absorbed the powers of the state by assuming the right to declare segregation illegal. The Court’s other famous decision, Roe v. Wade , was also a limitation upon states’ rights. Roe imposed a federal standard upon the states by dictating the degree to which they could regulate abortion. Through the 1980’s, the Court expanded federalism in both social and economic arenas . The early 1990’s, however, began a period of change in the Court’s tenth amendment jurisprudence.The first marked return toward states’ rights occurred in 1993 with the finding that the popular Brady Bill was unconstitutional. The Court ruled that the federal government had gone too far in segments of the bill. It was a violation of the states powers to compel state law enforcement officials to perform a federal function. While the bill will surly pass when it returns to the Court with the recommended alterations, the Court’s step in protecting the States was key.In 1995 the Court again took a step toward a conservative interpretation of the tenth amendment. In the United States v. Lopez , for the first time in 30 years the Supreme Court found a congressional usage of the Commerce Clause unconstitutional. The argument of congress, which the Court rejected, was that under the constitution through the Commerce Clause they could govern the possession of guns in schools. The Court disagreed saying that such an interpretation would “require us to conclude that the Constitution’s enumeration of powers does not presuppose something not enumerated. . .and that there will never be a distinction between what is truly national and what is truly local.” The question...
