Garcia v. San Antonio Metropolitan Transit Authority

In Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 105 S. Ct. 1005, 83 L. Ed. 2d 1016 (1985), a 5 to 4 decision issued nine years after National League of Cities v. Usery, the U.S. Supreme Court reversed itself. Finding the "function" standard announced in National League of Cities to be unworkable, the Supreme Court held that the City of San Antonio's transit authority was not immune from the minimum wage and overtime requirements of the FLSA. It did so, as noted in the leading dissent of Justice Powell, with only a single passing reference to the Tenth Amendment. Nor is so much as a dictum of any court cited in support of the view that the role of the States in the federal system may depend upon the grace of elected federal officials, rather than on the Constitution as interpreted by this Court. Id. at 560-561. The four dissenters concluded that the Garcia majority had rejected, improperly, "the basic precepts of our federal system." Id. at 579. In his dissent, Justice Rehnquist observed that the "principle of federalism ... will, I am confident, in time again command the support of a majority of this Court." Id. at 580. Since Garcia, the Supreme Court has returned to the principles of National League of Cities. The Court has repeatedly abrogated attempts by Congress to use the commerce power in a way that interferes with State sovereignty