Letter from Samuel Adams to Richard Henry Lee (Dec. 3, 1787), reprinted in Anti-Federalists versus Federalists 159 (J. Lewis ed.
Id., at 76. In Ohio v. Helvering, 292 U.S. 360, 54 S.Ct. For example, Hamilton argued that the States "regulat[e] all those personal interests and familiar concerns to which the sensibility of individuals is more immediately awake. . The judgment of the District Court is reversed, and these cases are remanded to that court for further proceedings consistent with this opinion. Incidental to this expansion of the commerce power, Congress has been given an ability it lacked prior to the emergence of an integrated national economy. Ante, at 556. Justice Black, in Helvering v. Gerhardt, 304 U.S. 405, 427, 58 S.Ct. The central theme of National League of Cities was that the States occupy a special position in our constitutional system and that the scope of Congress' authority under the Commerce Clause must reflect that position. Not only is the premise of this view clearly at odds with the proliferation of national legislation over the past 30 years, but "a variety of structural and political changes occurring in this century have combined to make Congress particularly insensitive to state and local values." Indeed, the Court ultimately chose "not, by an attempt to formulate any general test, [to] risk embarrassing the decision of cases [concerning] activities of a different kind which may arise in the future." The States would serve this essential role because they would attract and retain the loyalty of their citizens. 980, 985-986, 82 L.Ed. One month after SAMTA brought suit, the Department of Labor formally amended its FLSA interpretive regulations to provide that publicly owned local mass-transit systems are not entitled to immunity under National League of Cities. §§ 203(e)(2)(C)(i) and (ii). The Federalist No. would have been regarded as a novel exercise of legislative power." 51, pp. They were given more direct influence in the Senate, where each State received equal representation and each Senator was to be selected by the legislature of his State. See, e.g., Fry v. United States, supra, at 547, n. 7, 95 S.Ct., at 1795, n. 7; New York v. United States, 326 U.S. 572, 586-587, 66 S.Ct. 1118x (Vernon Supp.1984). National League of Cities (NLC) - Find your next career at NLC Jobs Online. 389 (1911) ("essential"); Helvering v. Therrell, 303 U.S. 218, 225, 58 S.Ct. 82-1913. Although the Federal Government's authority over employee wages under the FLSA obviously would be eroded, Congress had not asserted any interest in the wages of public mass-transit employees until 1966 and hence had not established a longstanding federal interest in the field, in contrast to the century-old federal regulatory presence in the railroad industry found significant for the decision in Long Island. 1357, 28 L.Ed.2d 686 (1971). 1961). The goal of identifying "uniquely" governmental functions, for example, has been rejected by the Court in the field of governmental tort liability in part because the notion of a "uniquely" governmental function is unmanageable. 2465, 49 L.Ed.2d 245 (1976), on the grounds that it is not "faithful to the role of federalism in a democratic society."
At one time in our history, the view that the structure of the Federal Government sufficed to protect the States might have had a somewhat more practical, although not a more logical, basis. 1182, 1192, 59 L.Ed.2d 416 (1979) (BLACKMUN, J., dissenting) (criticizing the ability of a state court to treat a sister State no differently than a private litigant).
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." (b) There is nothing in the overtime and minimum-wage requirements of the FLSA, as applied to SAMTA, that is destructive of state sovereignty or violative of any constitutional provision.
Federal subsidies and local sales taxes currently account for about 75 percent of SAMTA's operating expenses. § 152(2); 29 U.S.C. See EEOC v. Wyoming, 460 U.S. 226, 103 S.Ct. Lane County v. Oregon, 7 Wall. See EEOC v. Wyoming, 460 U.S. 226, 244, 103 S.Ct.
The only other case in which the Court has had occasion to address the problem is Long Island.5 We there observed: "The determination of whether a federal law impairs a state's authority with respect to 'areas of traditional [state] functions' may at times be a difficult one." 1961). . On November 21 of that year, SAMTA filed this action against the Secretary of Labor in the United States District Court for the Western District of Texas. ; the Elementary and Secondary Education Act of 1965, 79 Stat. . See 29 U.S.C. 426 U.S., at 856, 96 S.Ct., at 2476 (emphasis added). Id., at 448-450. We noted probable jurisdiction. 745, 748, 78 L.Ed. Moreover, we have witnessed in recent years the rise of numerous special interest groups that engage in sophisticated lobbying, and make substantial campaign contributions to some Members of Congress. See 2 Schwartz, The Bill of Rights, supra, at 762-766 and passim.