Bond V. US Case Study

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Bond v. U.S. In the years of 2013 through 2014, the Bond v. U.S. case, came before the U.S. Supreme Court in connection with the tenth amendment (Oyez). The tenth amendment states that, “The powers not given to the U.S. by the Constitution or prohibited by it to states are reserved to the states, or more subsequently, the people (Hart). The question and hand for the Supreme Court was, “Does Congress have the authority to enact a law that enforces a treat but goes beyond the scope of the treaty and intrudes on traditional state privileges?” This essay will explore events that occurred leading to the court case, the court’s decision, and the impact of the decision (Oyez). Carol Anne Bond, a worker for the chemical manufacturer Rohm and Haas, …show more content…

Court of Appeals for the Third Circuit decided in a 6-3 majority that the Act was within Congress’ power to enact and enforce.The court held that federal law typically doesn’t intrude on the ability of states to regulate local matters, and the Chemical Weapons Convention Implementation Act in not an exception to that general rule. Congress does hold the right to create legislation to enforce treaties, but it must also respect the tradition division of sovereign responsibility between the federal government and the states, but then Congress must also be rational, it was brought up that Congress’ intent for the tenth amendment’s power to be so expansive and broad, so it must be read more narrowly. Justice Antonin Scalia argued that, in wording Bond’s actions were covered, and the majority opinion’ interpretation of the statute made it so broad as to be unintelligible, but the statute was unconstitutional because it infringed on the rights of the state's, two other judges concurred to this idea (Oyez). This case really created a lasting impact on how individuals would sue from that point onward. Because the the Supreme Court unanimously agreed that Bond had a standing to sue, individuals are now eligible to sue under the tenth Amendment as well. Before this case, the tenth Amendment only came into play when the states claimed that the federal government usurped their authority (Damien). It is clearly stated in the tenth amendment that the rule does not only apply to the states, but more specifically the people. Only then had the public realised

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