Neo-Federalist Interpretation of the Tenth Amendment

This Article argues that the Tenth Amendment was the last relevant legal expression of the resolution of this debate. As such, the Tenth Amendment embodies the conception of who the sovereign is in the American system of government. In Part II, this Article examines the claim that the federal government is sovereign. Specifically, this Article explores constitutional theories and court opinions that treat the federal government as sovereign for all practical purposes. In Part III, this Article considers theories of dual sovereignty and state sovereignty. In Part IV, this Article argues that popular sovereignty accurately reflects the intent of the Framers. This Article speculates on the effect of this interpretation of the Tenth Amendment on constitutional jurisprudence