¶ … federalism in the U.S.
Federalism in the United States through Supreme Court decisions
Printz v. United States and Garcia v. San Antonio Metropolitan Transit Authority
One of the most obvious environments in which the issue of federalism and anti-federalism sentiment is seen is in the judicial system. There have been numerous cases and instances in which the ruling of the Supreme Court was seen as encouraging either federalism or anti-federalism. Two such cases are Printz v. United States (1997) and Garcia v. San Antonio Metropolitan Transit Authority (1985) in which the decisions of the Court ruled in such a manner as to create precedent for the overruling power of federal representation against state authority, thus ruling under a federalist sentiment.
Printz v. United States set in question the ability of the federal government to decide the attributes of the state police concerning gun control. The background of the case includes the applicability of several gun-control legislation, among which the most important, the Gun Control Act of 1968 and the interim provisions of the Brady Handgun Violence Prevention Act which took effect in 1998. The major issue concerning this topic concerns the ownership of guns by particular categories of individuals that are considered by the legislation as being un-suited for carrying a firearm. These categories include among others, former convicts, convicted individuals for criminal acts or misdemeanor acts of domestic violence and abuse, fugitives, individuals that have been involuntarily institutionalized due to mental illnesses. These categories are seen to be dangerous if a firearm is in their possession. The legislation passed to ensure that controls are being conducted every time an individual acquires or transfers a firearm was intended to be applied at a federal level meaning that the Congress would be the one imposing the procedures for the controls and checks and would...
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