Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P53 potx

DISCRIMINATION in public accommodations, such as hotels and restaurants, because it violated state sovereignty under the Tenth Amendment ( CIVIL RIGHTS CASES, 109 U.S. 3, 3 S. Ct. 18, 27 L. Ed. 835 [1883]). In 1909, the Supreme Court struck down a federal law that prohibited the harboring of alien women for the purposes of PROSTITUTION because it violated the Tenth Amendment (Keller v. United States, 213 U.S. 138, 29 S. Ct. 470, 53 L. Ed. 737 [1909]). Nine years later the court struck down another congressional law prohibiting the inter- state shipment of products manufactured by certain businesses that employed children under the age of 14 (Hammer v. Dagenhart, 247 U.S. 251, 38 S. Ct. 529, 62 L. Ed. 1101 [1918]). In Hammer, the court stated, “In interpreting the Constitution, it must never be forgotten that the nation is made up of states to which are entrusted the powers of local government. And to them the powers not expressly delegated to the national government are reserve d.” During the depth of the Great Depression, the Tenth Amendment became dormant again. President FRANKLIN ROOSEVELT worked with Con- gress to pass the NEW DEAL, a series of programs designed to stimulate the troubled economy. After the Supreme Court upheld a provision of the National Labor Relations Act (mandatory COLLECTIVE BARGAINING)inNLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 57 S. Ct. 615, 81 L. Ed. 893 (1937), Congress began exercis- ing unprecedented lawmaking power over state and local matters. For the next 40 years, the Supreme Court upheld congressional authority to regulate a variety of matters that had been traditionally addressed by state legislatures. In one case the Supreme Court upheld the Agri- cultural Adjustment Act of 1938 (7 U.S.C.A. §§ 1281 et seq.) over objections that it allowed Congress to regulate individuals who produced and consumed their own foodstuffs entirely within the confines of a family farm (Wickard v. Filburn, 317 U.S. 111, 63 S. Ct. 82, 87 L. Ed. 122 [1942]). The Tenth Amendment enjoyed a brief resurgence in 1976 when the Supreme Court held that the application of the FAIR LABOR STANDARDS ACT of 1938 (29 U.S.C.A. §§ 201 et seq.) to state and local governments was unconstitutional. In National League of Cities v. Usery, 426 U.S . 833, 96 S. Ct. 2465, 49 L. Ed. 2d 245 (1976), the court said that the MINIMUM WAGE and maximum hour provisions of this act significantly altered and displaced the states’ abilities to structure employment relationships in such areas as fire prevention, police protec- tion, sanitation, public health, and parks and recreation. These services, the court empha- sized, are historically reserved to state and local governments. If Congress may withdraw from the states the authority to make such fundamental employment decisions, the court concluded, “there would be little left of the states’ separate and independent existence,” or of the Tenth Amendment. National League of Cities proved to be an unworkable constitutional precedent. It cast doubt on congressional authority to regulate many aspects of local affairs upon which most of society had come to rely. It was unclear, for example, whether the Occupational Safety and Health Administration (OSHA), a federal agency established by Congress to regulate workplace safety, retained any constitutional authority after the Supreme Court announced its decision in National League of Cities. The Supreme Court eliminated these con- cerns by overturning National League of Cities in Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 105 S. Ct. 1005, 83 L. Ed. 2d 1016 (1985). In Garcia the court upheld the minimum wage and maximum hour pro- visions of the Fair Labor Standards Act as it applied to a city-owned public transportation system. In reaching this decision, the court said that if certain states are worried about the extent of federal authority over a particular local matter, the residents of such states should contact their senators and representatives who are constitutionally authorized to narrow fed- eral regulatory power through appropriate legislation. JUDICIAL REVIEW of federal regulations under the Tenth Amendment, the Supreme Court suggested, is not the proper vehicle to achieve this end. The federal courts have heard many Tenth Amendment challenges since 2000 that chal- lenge congressional use of the COMMERCE CLAUSE to justify national legislation and regulation. The courts have found little merit in these challenges, as most activities have some effect on interstate commerce. In Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005), the state of California legalized the use of medical marijuana, which ran counter to the national ban on the drug in the federal Con- trolled Substances Act. A woman who grew GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 508 TENTH AMENDMENT marijuana for her own medical use and did not sell it to others, was charged with violating the federal law. She argued that her non-commercial growing and use of marijuana did not affect interstate commerce and thus removed the Commerce Clause as the basis for the law. Once this authority was removed, she claimed the Tenth Amendment prohibited federal interference. The court rejected this line of reasoning, as it has done in other recent cases involving federal highway and banking laws. Apart from co nstitutional disputes, Con- gress has undermined the Tenth Amendment by establishing national programs that states administer through the acceptance of federal funding. Whether it is federal highway funding that required states to lower the blood alcohol amount for drunk driving to a national standard of .08 or the funding of public education through the No Child Left Behind Act, states have often grudgingly gone along because they cannot afford the loss of federal funds. The ebb and flow of Tenth Amendment JURISPRUDENCE reflects the delicate constitutional balance created by the Founding Fathers. The states ratified the Constitution because the Articles of Confederation created a national government that was too weak to defend itself and could not raise or collect revenue. Although the federal Constitution created a much stronger centralized government, the Founders did not want the states to lose all of their power to the federal government, as the colonies had lost their powers to Parliament. The Tenth Amendment continues to be defined as courts and legislatures address the balance of federal and state power. FURTHER READINGS Derthick, Martha. 2001. Keeping the Compound Republic: Essays on American Federalism. Washington, D.C.: Brookings Institution. Killenbeck, Mark R., ed. 2002. The Tenth Amendment and State Sovereignty: Constitutional History and Contempo- rary Issues. Lanham, MD: Rowman & Littlefield. Palmer, Kris E. 2000. Constitutional Amendments: 1789 to the Present. Farmington Hills, MI: Gale. CROSS REFERENCES Constitution of the United States; Federalist Papers; States’ Rights. TENURE A right, term, or mode of holding or occupying something of value for a period of time. In feudal law, the principal mode or system by which a person held land from a superior in exchange for the rendition of service and loyalty to the grantor. The status given to an educator who has satisfactorily completed teaching for a trial period and is, therefo re, protected against summary dismissal by the employer. A length of time during which an individual has a right to occupy a public or private office. Tenure in General In a general sense, the term tenure describes the length of time that a person holds a job, position, or something of value. Tenure in Academia In the context of academic employment, tenure refers to a faculty appointment for an indefinite period of time. When an academic institution gives tenure to an educator, it gives up the right to terminate that person without good cause. Under the tenure systems adopted by many universities and colleges, especially in the United States and Canada, tenure is associated with more senior job titles such as Professor and Associate Professor. A junior professor will not be promoted to such a tenured position without demonstrating a strong record of published research, teaching, and administrative service. The tenure systems at most schools allow only a limited period to establish such a record, by limiting the number of years that any employee may hold a junior title such as Assistant Professor. Tenure in Ancient Property Law In medieval England, tenure referred to the prevailing system of land ownership and land possession. Under the tenure system, a land- holder, called a tenant, held land at the will of a lord, who gave the tenant possession of the land in exchange for a good or service provided by the tenant. The various types of arrangements between the tenant and lord were called tenures. The most common tenures provided for mili- tary service, agricultural work, economic trib- ute, or religious duties in exchange for land. CROSS REFERENCES Academic Freedom; Feudalism. TENURE OF OFFICE ACT The assassination of President ABRAHAM LINCOLN on April 14, 1865, left the post–Civil War United GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TENURE OF OFFICE ACT 509 States in the hands of his ineffectual and unpopular successor, ANDREW JOHNSON. It be- came Johnson’s responsibility to determine a reconstruction policy, and he incurred the anger of the Radical Republicans in Congress when he chose a moderate treatment of the rebellious South. Congress sought to diminish Johnson’s authority to select or remove officials from office, and the Radical Republicans particularly wanted to protect Lincoln’s secretary of war, EDWIN M. STANTON. Stanton, a valuable member of the existing cabinet, supported the Radicals’ Reconstruction policies and openly opposed Johnson. On March 2, 1867, Congress enacted the Tenure of Office Act (14 Stat. 430), which stated that a U.S. president could not remove any official originally appointed with senatorial consent without again obtaining the approval of the Senate. Andrew Johnson vetoed the measure and challenged its effectiveness when he removed the dissident Stanton from office. Stanton refused to leave, and the House of Representa- tives invoked the new act to initiate IMPEACH- MENT proceedings against Johnson in 1868. The president was acquitted, however, when the Senate failed by one vote to convict him. Stanton subsequently relinquished his office, and the Tenure of Office Act, never a popular measure, was repealed in 1887. FURTHER READINGS Hart, James. 1930. Tenure of Office under the Constitution. Baltimore: Johns Hopkins. Hearn, Chester G. 2000. The Impeachment of Andrew Johnson. Jefferson, NC: McFarland. “The Impeachment of Andrew Johnson.” 2006. National Park Service. Available online at http://www.nps.gov/ anjo/historyculture/impeachment.htm; website home page: http://www.nps.gov (accessed September 7, 2009). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 510 TENURE OF OFFICE ACT . Feudalism. TENURE OF OFFICE ACT The assassination of President ABRAHAM LINCOLN on April 14, 1865, left the post–Civil War United GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TENURE OF OFFICE ACT 5 09 States. website home page: http://www.nps.gov (accessed September 7, 20 09) . GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 510 TENURE OF OFFICE ACT . who grew GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 508 TENTH AMENDMENT marijuana for her own medical use and did not sell it to others, was charged with violating the federal law. She argued