January 29, 2026 — Morning Report (10th Amendment Teaching Segment)

Bryan taught the 10th Amendment using his "Constitutional map" framework: Article 1, 2, and 3 enumerate federal powers above the "Great Wall of Federalism"; Amendments 1–8 list what the federal government cannot do to individuals; the 10th Amendment reinforces the wall by reserving non-enumerated powers to the states or the people. The core controversy: does the 10th Amendment create an independent right of action, or does it just restate the Articles? Bryan walked through four historical eras: pre-1900 (no independent right of action), 1900–1937 (right of action recognized), 1937–1990 (back to Articles), and 1990–present (right of action again, but unclear). The anchor case was New York v. United States (505 U.S. 144, 1992), Justice Sandra Day O'Connor writing. The dispute: states asked Congress to write a law forcing them to designate burial sites for low-level radioactive waste — politically unpopular with everyone. Congress complied. O'Connor struck it down: Congress cannot commandeer state legislatures to enact federal regulatory programs, even if the states requested it. Key quotes Bryan read directly from the opinion: > "State officials cannot consent to the enlargement of the powers of the Congress beyond those enumerated in the Constitution. The Constitution protects us from our own best intentions." > "The Constitution does not protect the sovereignty of states for the benefit of the states or state governments as abstract political entities... federalism secures to citizens the liberties that derive from the diffusion of sovereign power." Bryan's framing: the "and the people" language in the 10th Amendment answers the question of why federalism exists at all — not to protect state governments, but to protect individuals from a federal government that can't be bounced between levels.