Homemade Sovereignty · Episode 3 of 7 · 18 min
Printz v. United States: How a Narrow Constitutional Ruling Became a Blank Check for States
Printz v. United States (1997) held that Congress cannot force state sheriffs to run federal background checks. Over time, states of both parties used the anti-commandeering principle to refuse cooperation with federal law, from sanctuary cities to cannabis legalization to Second Amendment sanctuaries. The episode traces how a narrow ruling became a broad tool.
Who's who
- Antonin Scalia+2 more episodesJustice who wrote the 5-4 Printz majority opinion
- Jay PrintzSheriff who challenged the Brady Act's background-check mandate
- Richard Mack+2 more episodesSheriff who co-challenged the Brady Act mandate
- John Roberts+5 more episodesJustice whose Murphy v. NCAA dissent warned of inversion
Where it happens
- Colorado+7 more episodesHome of a legalized cannabis market and of challenger Jay Printz
- Washington State+4 more episodesVoters legalized recreational marijuana in 2012
Timeline
- 1993Brady Handgun Violence Prevention Act passes
- June 1997Supreme Court decides Printz 5-4
- 2012Colorado and Washington voters legalize recreational marijuana
- 2016-2020Conservative states pass Second Amendment Sanctuary laws
- 2018Murphy v. NCAA extends the doctrine to state sports-betting deregulation
Still debated
Scholars debate whether sanctuary laws interfere with federal authority under the Supremacy Clause; lower courts have split and the Supreme Court has not resolved it. The Murphy v. NCAA extension was controversial, and the use of Spending Clause conditions is itself argued to be a form of coercion.
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The Supreme Court on Trial: Is It Really a Neutral Umpire?The Least Dangerous Branch? · Episode 1Also features John Roberts