[ARTICLE X.--1791]R

 

     The 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.

 

Law Journals and Reviews

 

  Federalism and Federal Spending:  Why the Religious Land Use and Institutionalized Persons Act of 2000 is Unconstitutional.  23 UH L. Rev. 479.

 

Case Notes

 

  Federal preemption of state health insurance law by the Employee Retirement Income Security Act of 1974 did not violate Tenth Amendment limits on Congressional authority.  442 F. Supp. 695.

  Tenth Amendment does not preclude enforcement of the Endangered Species Act where the species in question exists in nature in only one state.  471 F. Supp. 985.

  Application of maritime remedies would not directly impair State's ability to engage in traditional government functions.  557 F. Supp. 1024.

  Hawaii has power to extinguish statutory cause of action that was within its power to create.  780 F. Supp. 705.

  Court would not strike death penalty notice, as neither Hawaii state sovereignty, the Tenth Amendment, nor equal footing doctrine threatened by possibility of sentence of death.  123 F. Supp. 2d 563.

  Combat activities exception to the federal Tort Claims Act did not shield private defense contractor from liability for an alleged defective mortar cartridge which exploded unexpectedly during an army training exercise.  696 F. Supp. 2d 1163.

  Eleventh Amendment did not bar suit, against Hawaii governor, that challenged Act 189 of the 2009 Hawaii legislature (relating to real property) where the governor was "giving effect" to the challenged law; governor had direct authority over and principal responsibility for enforcing Act 189, and therefore had a sufficient connection to the enforcement of Act 189.  715 F. Supp. 2d 1115.