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Call Now: 904-383-7448The 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.
- For article, "Interposition, Nullification and the Delicate Division of Power in a Federal System," see 5 J. of Pub. L. 2 (1956). For article arguing against constitutional justification for the sending of federal troops to Little Rock, Arkansas and the federalization of Arkansas troops, see 20 Ga. B.J. 325 (1957). For article discussing federalism under the Constitution, see 24 Ga. B.J. 352 (1962). For article suggesting recent history of Supreme Court indicates judicial usurpation of constitutional authority, see 25 Ga. B.J. 279 (1963). For article discussing functional broadening of Congress' delegated powers and its effect on civil liberties, see 18 J. of Pub. L. 103 (1969). For article on the judicial development of the due process clause of U.S. Const., Amend. 14, and the selective incorporation of the Bill of Rights, see 22 Mercer L. Rev. 533 (1971). For article, "The Treaty Power and Family Law," see 7 Ga. L. Rev. 55 (1972). For article discussing validity of executive privilege as defense to congressional demand for information, see 8 Ga. L. Rev. 809 (1974). For article discussing developing principles of state sovereignty limitations on Congress' exercise of its granted powers, see 11 Ga. L. Rev. 35 (1976). For article, "In their own image: The reframing of the due process clause by the United States Supreme Court," see 13 Ga. L. Rev. 479 (1979). For article discussing the separation of powers implications of implied rights of actions, see 34 Mercer L. Rev. 973 (1983). For article, "The New Judicial Federalism: Where We Are Now," see 19 Ga. L. Rev. 1075 (1985). For article, "Legal Positivism and Federalism: The Certification Experience," see 19 Ga. L. Rev. 999 (1985). For article, "Federalism and the Traditions of American Political Theory," see 19 Ga. L. Rev. 981 (1985). For article, "Federalism and Rights," see 19 Ga. L. Rev. 917 (1985). For article, "Supreme Court Review of State Court 'Federal' Decisions: A Study in Interactive Federalism," see 19 Ga. L. Rev. 861 (1985). For article, "The Ambiguous Independent and Adequate State Ground in Criminal Cases: Federalism Along a M ” bius Strip," see 19 Ga. L. Rev. 799 (1985). For article discussing fundamental principles of federalism, "Garcia and the Values of Federalism: On the Need for a Recurrence to Fundamental Principles," see 19 Ga. L. Rev. 789 (1985). For article, "Georgia and the Development of Constitutional Principles: An Essay in Honor of the Bicentennial," see 24 Ga. St. B.J. 6 (1987). For article, "A Senate of Five: An Essay on Sexuality and Law," see 23 Ga. L. Rev. 859 (1989). For article, "Individual Rights and the Powers of Government," see 27 Ga. L. Rev. 343 (1993). For article, "The Structure of Rights," see 27 Ga. L. Rev. 415 (1993). For article, "Rights: Afterthoughts," see 27 Ga. L. Rev. 473 (1993). For article, "Core Societal Values Deserve Federal Aid: Schools, Tax Credits, and the Establishment Clause," see 34 Ga. L. Rev. 1 (1999). For article, "The Principled and Unprincipled Grounds of the New Federalism: A Call for Detachment in the Constitutional Adjudication of Federalism," see 53 Mercer L. Rev. 811 (2002). For article, "Pensions and Chapter 9: Can Municipalities Use Bankruptcy to Solve Their Pension Woes?," see 27 Emory Bankr. Dev. J. 365 (2011). For article, "Solving Insolvent Public Pensions: The Limitations of the Current Bankruptcy Option," see 28 Emory Bankr. Dev. J. 89 (2011). For article, "Lochner, Lawrence, and Liberty," see 27 Ga. St. U.L. Rev. 609 (2011). For article, "Georgia Health Care Freedom Act," see 31 Ga. St. U.L. Rev. 113 (2014). For article, "Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War," see 68 Mercer L. Rev. 389 (2017). For note discussing limitations on national police power, see 4 Ga. L. Rev. 359 (1970). For note, "Selecting and Certifying National Political Convention Delegates - A Party or a State Right?", see 4 Ga. L. Rev. 875 (1970). For note discussing the doctrine of federal preemption in the allocation of powers between the nation and the states, see 22 J. of Pub. L. 391 (1973). For note discussing the commerce power, U.S. Const., Art. I, Sec. 8, Cl. 3, and its relation to this amendment in light of National League of Cities v. Usery, 426 U.S. 833, 96 S. Ct. 2465, 49 L. Ed. 2d 245 (1976), see 25 Emory L. J. 937 (1976). For note, "Interstitial Lawmaking: Uniformity or Conformity?", see 32 Mercer L. Rev. 1235 (1981). For note discussing the doctrine of state sovereignty, see 35 Mercer L. Rev 395 (1983). For note, "How Are Local Governments Responding to Student Rental Problems in University Towns in the United States, Canada, and England?," see 33 Ga. J. Int'l & Comp. L. 497 (2005). For note, "The Ill Effects of a United States Ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption," see 33 Ga. J. Int'l & Comp. L. 621 (2005). For comment on United Pub. Workers v. Mitchell, 330 U.S. 75, 67 S. Ct. 556, 91 L. Ed. 754 (1946), upholding constitutionality of Hatch Act, 5 U.S.C. § 1501 et seq., curbing political activity of state and federal employees, see 9 Ga. B.J. 459 (1947). For comment on Oklahoma v. United States Civil Serv. Comm'n, 330 U.S. 127, 67 S. Ct. 544, 91 L. Ed. 794 (1947), upholding constitutionality of Hatch Act, 5 U.S.C. § 1501 et seq., see 10 Ga. B.J. 118 (1947). For comment on United States v. Kahriger, 345 U.S. 22, 72 S. Ct. 510, 97 L. Ed. 54 (1953), holding unconstitutional the federal excise and occupational tax on wagering as an invasion of the state's police powers and violative of the privilege against self-incrimination, see 15 Ga. B.J. 505 (1953). For comment, "The 'Right to Work': Individual or Collective Right," focusing on Railway Employees' Dep't v. Hanson, 351 U.S. 225, 76 S. Ct. 714, 100 L. Ed. 2d 1112 (1956), see 6 J. of Pub. L. 263 (1957). For comment discussing the constitutionality of the statutory prohibition against expenditures by labor unions in connection with federal elections, 18 U.S.C. § 610, see 21 Ga. B.J. 575 (1959). For comment on Engel v. Vitale, 370 U.S. 421, 82 S. Ct. 1261, 8 L. Ed. 2d 601 (1962), and the unconstitutionality of state composed prayer in a public school, see 14 Mercer L. Rev. 284 (1962). For comment suggesting Georgia's Sunday Work Law (former Code 1933, § 26-6905) is a valid exercise of police power, see 18 Mercer L. Rev. 288 (1966). For comment on Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978), cert. denied, 440 U.S. 936, 99 S. Ct. 1281, 59 L. Ed. 2d 494 (1979), see 31 Mercer L. Rev. 375 (1979). For comment on Fullilove v. Klutznick, 448 U.S. 448, 100 S. Ct. 2758, 65 L. Ed. 2d 902 (1980), regarding the constitutionality of the ten percent set aside for minority contractors, etc., see 29 Emory L.J. 1127 (1980). For comment on Garcia v. San Antonio Metropolitan Transit Authority, see 37 Mercer L. Rev. 523 (1985). For comment, "Private Citizens in Foreign Affairs: A Constitutional Analysis," see 36 Emory L.J. 285 (1987). For comment, "Public Health vs. Patient Rights: Reconciling Informed Consent with HPR Vaccination," see 58 Emory L.J. 761 (2009). For comment, "I Object: The RLUIPA as a Model for Protecting the Conscience Rights of Religious Objectors to Same-Sex Relationships," see 59 Emory L.J. 259 (2009). For comment, "Georgia's Telemedicine Laws and Regulations: Protecting Against Health Care Access," 68 Mercer L. Rev. 489 (2017).
U.S. Const., amend. 10 states but a truism that all is retained which has not been surrendered. United States v. Darby, 312 U.S. 100, 61 S. Ct. 451, 85 L. Ed. 609 (1941).
But while U.S. Const., amend. 10 has been characterized as a truism, stating merely that all is retained which has not been surrendered, it is not without significance. The amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the states' integrity or their ability to function effectively in a federal system. City of Macon v. Marshall, 439 F. Supp. 1209 (M.D. Ga. 1977).
Federalism does not preclude cooperative action between the two sovereigns when the interests of both state and nation are thereby served. United States ex rel. Gereau v. Henderson, 526 F.2d 889 (5th Cir. 1976).
- U.S. Const., amend. 10 has been construed as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. United States v. Darby, 312 U.S. 100, 61 S. Ct. 451, 85 L. Ed. 609 (1941).
- U.S. Const., amend. 10 does not operate upon a valid exercise of power delegated to Congress by the commerce clause, U.S. Const., Art. I, Sec. 8, Cl. 3. United States v. Collier, 478 F.2d 268 (5th Cir. 1973).
- The establishment by Congress of a minimum wage is a valid regulation of interstate commerce and does not violate U.S. Const., amend. 10. Morgan v. Atlantic Coast Line R.R., 32 F. Supp. 617 (S.D. Ga. 1940).
While Congress cannot directly command or force a state or municipality to comply with federal wage and hour concepts, it may, pursuant to the spending clause of the Constitution, fix the terms and conditions upon which money from the United States Treasury will be allotted and disbursed to the states and their political subdivisions. City of Macon v. Marshall, 439 F. Supp. 1209 (M.D. Ga. 1977).
Application of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., to a county is not prevented by U.S. Const., amend. 10. Prickett v. DeKalb County, 92 F. Supp. 2d 1357 (N.D. Ga. 2000).
- Civil rights do not authorize the operation of a business within a municipality in violation of ordinances enacted under police power and for the welfare of the community. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
Mere fact that only one party operating a business is affected by a regulation designed to localize the operation of such business in a certain district in the city does not show arbitrary and unreasonable or unjust discrimination in violation of organic rights. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
- The power and necessity for state legislatures and municipal governments to impose restrictions through zoning laws and ordinances is no longer subject to question. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
- A zoning statute or ordinance should not be declared unconstitutional unless its provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare. And the exercise of police power in this regard must be upheld if any state of facts either known or which could be reasonably assumed affords support for it. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
- Motion picture theaters, like filling stations and whiskey stores are not immune from regulation under the police power. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
The right to disseminate motion pictures is not absolute. It does not mean that any motion picture can be distributed at any time, at any place, and under any circumstances. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
Rights under U.S. Const., amend. 1, as they attach to commercial movies, are not so fundamental as to be immune from valid regulation under the police power, particularly where the restraint upon such movies is relatively minor and the public interest to be protected is substantial. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff'd, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).
Right to wear one's hair as one sees fit has not been found to be within the periphery of any of our specific constitutional rights. Ashley v. City of Macon, 377 F. Supp. 540 (M.D. Ga. 1974), aff'd, 505 F.2d 868 (5th Cir. 1975).
There is no constitutionally protected right, plainly expressed or within the penumbra, the shadow, of U.S. Const., amends. 1, 8, 9, 14 and U.S. Const., amend. 10, to wear one's hair in a public high school in the length and style that suits the wearer. Ashley v. City of Macon, 377 F. Supp. 540 (M.D. Ga. 1974), aff'd, 505 F.2d 868 (5th Cir. 1975).
31 U.S.C. §§ 462, 463, providing for discharge, by payment in legal tender, of obligations for payment in gold or any particular coin or currency, or in money of the United States measured thereby, of the then standard weight and fineness, is not unconstitutional as in violation of U.S. Const., Art. I, Sec. 8, as the exercise of a power not delegated to the Congress, nor in violation of the due process clause of U.S. Const., amend. 5 or U.S. Const., amend. 10. Smith v. Bukofzer, 180 Ga. 585, 180 S.E. 358 (1935).
U.S. Const., amend. 10 standing alone houses no constitutional guarantees of freedom. Metz v. McKinley, 583 F. Supp. 683 (S.D. Ga.), aff'd, 747 F.2d 709 (11th Cir. 1984).
- While the right to regulate and control the flight of airplanes in interstate commerce is vested in the federal government under the commerce clause of the federal Constitution, the federal government cannot invade the rights of the people of the sovereign states so as to regulate them as between themselves. This governmental function and power has not been granted to the federal government but is reserved in the states by U.S. Const., amend. 10. Owen v. City of Atlanta, 157 Ga. App. 354, 277 S.E.2d 338, aff'd, 248 Ga. 299, 282 S.E.2d 906 (1981), cert. denied, 456 U.S. 972, 102 S. Ct. 2235, 72 L. Ed. 2d 846 (1982).
Title 11 U.S.C. § 724, governing the priority of liens in bankruptcy cases and effecting a subordination of city, county, and state tax liens, does not violate U.S. Const., amend. 10. Flatau v. Jackson (In re Cropper Co.), 63 Bankr. 874 (Bankr. M.D. Ga. 1986).
- A federal district court's dismissal of a case with prejudice, on the grounds that a federal antidiscrimination statute cannot be applied against the states, is an adjudication on the merits, and not a jurisdictional disposition. Accordingly, the litigant is barred from relitigating the matter in state court. Similarly, a civil rights claim against the state alleging a violation of 42 U.S.C. § 1983 is barred by the doctrine of res judicata, because it could and should have been presented to the original federal court. Morgan v. Department of Offender Rehabilitation, 166 Ga. App. 611, 305 S.E.2d 130 (1983).
- Federal statute prohibiting anyone convicted of a domestic violence misdemeanor from possessing or receiving a firearm did not violate U.S. Const., amend. 10. National Ass'n of Gov't Employees v. Barrett, 968 F. Supp. 1564 (N.D. Ga. 1997), aff'd sub nom. Hiley v. Barrett, 155 F.3d 1276 (11th Cir. 1998).
- Forfeiture of a defendant's medical license under 21 U.S.C. § 853 did not violate U.S. Const., amend. 10. United States v. Dicter, 198 F.3d 1284 (11th Cir. 1999), cert. denied, 531 U.S. 828, 121 S. Ct. 77, 148 L. Ed. 2d 40 (2000).
Cited in Reynolds v. Brosnan, 170 Ga. 773, 154 S.E. 264 (1930); Town of McIntyre v. Baldwin, 61 Ga. App. 489, 6 S.E.2d 372 (1939); Screven County v. Brier Creek Hunting & Fishing Club, Inc., 202 F.2d 369 (5th Cir. 1953); United States v. Braun, 119 F. Supp. 646 (S.D. Ga. 1953); United States v. Denmark, 119 F. Supp. 647 (S.D. Ga. 1953); Williams v. State, 211 Ga. 763, 88 S.E.2d 376 (1955); Looper v. Georgia, S. & Fla. Ry., 213 Ga. 279, 99 S.E.2d 101 (1957); Suggs v. Brotherhood of Locomotive Firemen & Enginemen, 219 F. Supp. 770 (M.D. Ga. 1960); United States v. Raines, 203 F. Supp. 147 (M.D. Ga. 1961); Carmichael v. Allen, 267 F. Supp. 985 (N.D. Ga. 1966); Gilstrap v. United States, 389 F.2d 6 (5th Cir. 1968); Brown v. State Realty Co., 304 F. Supp. 1236 (N.D. Ga. 1969); Bleakley v. Jekyll Island-State Park Auth., 536 F. Supp. 236 (S.D. Ga. 1982); McCroan v. Bailey, 543 F. Supp. 1201 (S.D. Ga. 1982).
Power of Congress to regulate state and local elections is highly circumscribed by U.S. Const., amend. 10. 1987 Op. Att'y Gen. No. 87-11.
- General delegation of power to guard against spread of contagious disease, 8 A.L.R. 836.
Validity of statutes or ordinances which impose duties upon pawnbrokers as regards identity of persons with whom they deal other means of enforcing criminal law against theft, 23 A.L.R. 52.
Constitutionality of trading stamp legislation, 26 A.L.R. 707, 124 A.L.R. 345, 133 A.L.R. 1087.
Constitutionality of statutes relating to insurance contracts made and to be performed out of state, upon property life within state, 32 A.L.R. 636.
License tax or fee on automobiles as affected by interstate commerce clause, 52 A.L.R. 533; 115 A.L.R. 1105.
Power to revoke license as affected by the fact that the penalty provided by license statute or ordinance for violation its terms or conditions does not include revocation, 79 A.L.R. 91.
Constitutionality of regulations as to milk, 101 A.L.R. 64; 110 A.L.R. 644; 119 A.L.R. 243; 155 A.L.R. 1383.
Validity of license law which requires security for payment of debts by licensee, 101 A.L.R. 827.
Constitutionality of statute conferring on court power to suspend sentence, 101 A.L.R. 1402.
Applicability of state statutes or municipal regulations to contracts for performance of work on land owned or leased by the federal government, 115 A.L.R. 371; 127 A.L.R. 827.
Constitutionality of statutes regulating business of making small loans, 125 A.L.R. 743; 149 A.L.R. 1424.
Constitutionality, construction, and effect of statutes in relation to foreign-owned vehicles operating within state, 138 A.L.R. 1499.
Validity and construction of gun control laws, 28 A.L.R.3d 845.
Relief to owner of motor vehicle subject to state forfeiture for use in violation of narcotics laws, 50 A.L.R.3d 172.
Validity and construction of statute or ordinance forbidding unauthorized persons to enter upon or remain in school building or premises, 50 A.L.R.3d 340.
Validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway, 81 A.L.R.3d 564.
Validity of state gun control legislation under state constitutional provisions securing the right to bear arms, 86 A.L.R.4th 931.
Federal constitutional right to bear arms, 37 A.L.R. Fed. 696.
Construction and application of 18 USCS § 922(e), prohibiting delivery of firearms to common carrier, 125 A.L.R. Fed. 613.
Construction and application of 10th Amendment by United States Supreme Court, 66 A.L.R. Fed. 2d 159.