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by ajross 955 days ago
FWIW, that's not correct. The tenth amendment is a limitation on unenumerated powers. It says nothing about precedence of conflicting powers where those are enumerated. That's what the Supremacy clause is about, and it's abundantly clear: https://en.wikipedia.org/wiki/Supremacy_Clause

Not that it really matters here, since the relevant conflict is between state and municipal law. But the 10th amendment tends to be pretty badly misunderstood by internet libertarians, so it was an interesting digression.

1 comments

I agree with everything you wrote except your first sentence. What of what I wrote was incorrect in the context of the unbounded claim that “feds win”, particularly on a thread dealing with real estate zoning issues?