Also known as:anticommandeering principle · anti commandeering principle · anti-commandeering doctrine · commandeering doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional principle that prohibits the federal government from issuing directives requiring states to address particular problems or commanding state officers or legislatures to administer or enforce federal regulatory programs.
Sources & Authorities
How it applies
Common Examples
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State Sheriffs and Federal Background Checks
Alexandra Armstrong serves as sheriff in a rural county. A federal statute directs her department to perform background checks on all prospective handgun buyers and to report results directly to a federal database using state resources. When Armstrong refuses to allocate personnel to the task, the federal government seeks to compel compliance through an enforcement action. The court holds that the statute violates the anti-commandeering principle because it conscripts state officers to execute a federal program.
State Legislature and Sports Betting Authorization
The legislature of State A enacts a statute authorizing licensed casinos to accept sports wagers. Congress responds with a statute providing that no state may authorize or license any sports gambling scheme. State officials halt enforcement of the new state law to avoid federal penalties. The court invalidates the federal statute because it directly dictates what the state legislature may enact rather than regulating private conduct.
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Cases
Course Outlines
Study Supplements
Common questions
Frequently Asked
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Does the anti-commandeering principle bar federal commands to state legislatures?+
Yes. The principle forbids Congress from issuing direct orders to state legislatures that dictate what they may or may not enact. A federal statute that targets state legislative action rather than regulating private conduct independently violates the doctrine.
Does the anti-commandeering principle apply when federal law directs state executive officers to perform background checks or inspections?+
Yes. The principle prevents the federal government from requiring state officers to administer or enforce a federal regulatory program. Direct commands to state personnel to conduct checks or inspections using state resources violate the Tenth Amendment.
May Congress avoid an anti-commandeering violation by regulating private conduct while incidentally affecting state licensing schemes?+
No. When the federal statute speaks only to what states may authorize or license and does not independently regulate private actors, the law commandeers state legislative processes. Valid preemption requires a federal rule that governs private conduct directly.
Does conditioning federal grants on state compliance with a federal program cure a commandeering problem?+
No. When the conditions require states to surrender core sovereign functions or leave no realistic choice but to comply, the arrangement remains coercive and violates the anti-commandeering principle.
138 S. Ct. 1461 (2018)Constitutional Law
…affirmed. We granted certiorari to decide whether PASPA’s prohibition on state authorization of sports gambling violates the anticommandeering principle of the Tenth Amendment. I Before considering the constitutionality of the PASPA provision at issue, we first address the Leagues’ argument that petitioners lack standing to challenge…
Constitutional LawThe relation of nation and states in a federal system · Intergovernmental immunitiesNEXTGENFoundational