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Judge Andrew Napolitano explains that, despite the Tenth Amendment’s protection of federalism, the Supreme Court has ruled that Congress can use taxpayer money any way it likes. With this loophole, the federal government is able to incentivize states to do whatever it wants, by offering juicy funding grants, or threatening to withhold them. The codification of this kind of bribery has effectively put an end to federalism in the modern age.
Judge Andrew P. Napolitano, Fox News Senior Judicial Analyst, is a graduate of Princeton University and the University of Notre Dame Law School. He is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. Judge Napolitano lectures nationally on the U.S. Constitution, the rule of law, civil liberties in wartime, and human freedom. He has been published in the New York Times, the Wall Street Journal, the Los Angeles Times, and numerous other publications. His weekly newspaper column is seen by millions every week. The Judge is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. His most recent book is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.
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