Enlargement of Powers
As stated in National League of Cities v. Usery, 426 U.S., AT 842, N 12, 49 L.Ed. 2d 245, 96 S ct 2465:
"...Congress cannot be expanded by the 'consent' of the governmental unit whose domain is thereby narrowed, whether that unit is the executive branch or the state's." Id, at 154.
"State officials cannot consent to the enlargement of the powers of Congress beyond those enumerated in the Constitution." Id. at 154.
In New York v. United States, 120 L. Ed. 2d 120 (1992), the Court established that "A departure from the Constitution's plan for the intergovernmental allocation of authority cannot be ratified by the 'consent' of state officials, since the Constitution protects state sovereignty for the benefit of individuals, not States or their governments, and since the officials' interests may not coincide with the Constitution's allocation. Nor does New York's prior support estop it from asserting the Act's unconstitutionality." Pp. 33-36.
