Judicial branch · Landmark case

Printz v. United States

521 U.S. 898 (1997) · Opinion of the Court

DecidedJune 27, 1997
Vote5–4
AuthorJustice Scalia
DispositionBrady Act interim provisions requiring local officers to conduct background checks struck down

What you should know

This page explains the Court’s holding in plain language.

The controlling document is the Court’s opinion.

Holding

The Court held that the federal government may not compel state or local law-enforcement officers to administer or enforce a federal regulatory program. The interim provisions of the Brady Handgun Violence Prevention Act that required local chief law-enforcement officers to conduct background checks on handgun purchasers violated the anti-commandeering principle implicit in the Constitution’s structure.

Background

The Brady Act imposed a five-day waiting period and background-check system for handgun purchases. Until a national instant-check system was ready, the Act required local officers to make a “reasonable effort” to ascertain whether a sale would be illegal. Sheriffs Jay Printz (Montana) and Richard Mack (Arizona) challenged that mandate. The Ninth Circuit upheld it; the Supreme Court reversed.

Why this finding matters

Printz, together with New York v.

United States, establishes the anti-commandeering doctrine: Congress may regulate individuals directly and may attach conditions to federal funds, but it may not order state executives or legislatures to implement federal regulatory schemes. The doctrine is a structural federalism rule that continues to shape cooperative-federalism design.

Vote and authorship

MajorityScalia, J.
JoinRehnquist, C.J., O’Connor, Kennedy, Thomas
ConcurrenceO’Connor, J.; Thomas, J.
DissentStevens, J. (joined by Souter, Ginsburg, Breyer); Souter, J.; Breyer, J. (joined by Stevens)

The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.

Justice Scalia · Printz v. United States

How it fits in government

Federalism

Core anti-commandeering rule protecting state executive autonomy.

Federalism

Legislative branch

Constrains how Congress may structure federal-state regulatory programs.

Legislative

State & local government

Shields local officers from being conscripted as federal agents.

State & local government

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