Rather than direct action against federal laws, acts or regulations, anti-commandeering is simply a lack of any state action whatsoever. When the feds come around to enforce their laws or implement their programs, the states just stand back and shove their hands in their pockets, so to speak. What makes this tactic so effective is that in practice the feds are utterly reliant on the states to enforce their laws. When the states withhold their help, the federal laws lose their teeth.

But Doesn’t Federal Law Supersede State Law?

 

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