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4 Regent J.L. & Pub. Pol'y 113 (2012)
Bond v. United States: Calming the Divide over Tenth Amendment Private Party Standing

handle is hein.journals/rejoupp4 and id is 119 raw text is: Bond v. United States: CALMING THE DIVIDE OVER TENTH AMENDMENT PRIVATE PARTY STANDING LAURA LEISTER* I. INTRODUCTION Imagine that you are an American citizen who lives in Ohio and that you legally own a handgun. You properly registered the weapon in compliance with state and federal law and keep it unloaded in a lockbox for self-defense purposes due to a sudden outburst of violent robberies in your neighborhood. Two weeks after purchasing this weapon, Congress passes a law that encourages states to ban their residents from own- ing handguns. If a state declines to enact anti-gun laws, the federal government will massively reduce federal funding to the non-complying state. However, if a state does comply, the federal government promises to triple federal funding. All states, minus Texas, enthusiastically comply. However, no state challenges the constitutionality of the law. Knowing that you own a handgun, your landlord reports you to State officials and you are subsequently convicted under the anti- gun statute and sentenced to three years in federal prison. (For purposes of this discussion, let us assume that the Sec- ond Amendment is inapplicable.) You quickly turn to the nearest law library and discover a Supreme Court case that specifically asserts that the federal government cannot force states to enforce federal regulatory schemes. You also discover that the federal government's threat of massively reducing state funding for noncompliance is absolutely unconstitutional. You believe that you have a * Juris Doctorate (2012), Ohio Northern University Claude W. Pettit College of Law; Bachelor of Arts (2006), Temple University. I would like to express my grati- tude to Professor Joanne Brant, whose roaring enthusiasm for Constitutional Law inspired me to write this Article. I would also like to thank the Honorable James E. Seibert, U.S. Magistrate Judge for the Northern District of West Virginia, who of- fered such kind words about this Article. I thank him for our brief meeting and his subsequent encouragement. 113

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