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Re: Bond v. United States, Individual Standing to Enforce the Tenth Amendment

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  • Jon Roland
    Bond v. United States, Individual Standing to Enforce the Tenth Amendment The unanimous opinion in Bond v. United States
    Message 1 of 1 , Jun 18, 2011
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      Bond v. United States, Individual Standing to Enforce the Tenth Amendment

      The unanimous opinion in Bond v. United States http://www.supremecourt.gov/opinions/10pdf/09-1227.pdf handeddown by the United States Supreme Court June 16, 2011, may open federal courts to individuals to challenge federal statutes, such those against drugs, as unconstitutional infringements on individuals' rights and usurpations of Federal Power in realms reserved to the States under the Tenth Amendment to the Constitution.  This case is a turning point on Tenth Amendment and standing jurisprudence, and offers one of the first glimmers of hope since the Lopez case.

      Note however, that it is only a reversal on the single issue of standing to challenge the statute, and thus a partial reversal of the precedent on standing in Frothingham v. Mellon, not on the merits of whether that statute is indeed unconstitutional. That finding remains to be made. Spread the word on this precedent. It needs to be cited often in other cases and in law review articles.

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      -- Jon
      
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