Printz v. United States: The Revival of Constitutional Federalism

Abstract

This Note examines the constitutionality of the Brady Act's background-check provision by critically analyzing the Supreme Court's reasoning in Printz and its previous interpretations of the Tenth Amendment. Part II of this Note reviews the historical developments of the Supreme Court's jurisprudence in the Tenth Amendment area. Part III provides the facts of Printz and the pertinent provisions of the Brady Act. Part IV analyzes the majority, concurring, and dissenting opinions in Printz. Part V demonstrates the ruling's immediate effects and far-reaching impact. Part VI concludes with a summation of Printz's holding and its significance.