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Judicial Power & Separation of Powers

Printz v. United States

Decided: 1997

In brief

Anti-commandeering: the federal government cannot conscript state or local officials to enforce federal regulatory programs.

The Court's ruling in depth

The Brady Handgun Violence Prevention Act required local sheriffs to run background checks on handgun purchasers pending a national database. Sheriffs Printz and Mack objected that this dragooned state officers into federal service. Justice Scalia's opinion for the Court extended the anti-commandeering principle of New York v. United States (1992) from state legislatures to state executive officers. Federal law may regulate individuals directly, and it may induce state cooperation through spending or preemption, but it may not compel state officials to administer federal programs. The dual-sovereignty structure of the Constitution — reinforced by the Tenth Amendment — forbids it. Printz is a foundational federalism precedent and was the analytical backbone of Murphy v. NCAA (2018) striking down the federal sports-betting ban.

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