Tag

Anti Commandeering

All articles tagged with #anti commandeering

ICE in Minneapolis Tests Federalism’s Limits
law-and-justice3 hours ago

ICE in Minneapolis Tests Federalism’s Limits

Garrett Epps argues that Trump’s Minneapolis ICE crackdown runs into established anti-commandeering doctrine and the Constitution: federal officials cannot coerce states or localities to enforce federal immigration policy, and funding threats cannot legally force compliance. Courts have largely blocked such coercion, framing it as an overreach of federal power, while the administration pursues aggressive enforcement and protests around ICE actions. The dispute foregrounds a broader federalism debate over immigration policy and civil liberties, with the Supreme Court likely to weigh in eventually.

Minnesota challenges ICE deployment in a watershed 10th Amendment case
politics6 days ago

Minnesota challenges ICE deployment in a watershed 10th Amendment case

Minnesota has filed suit to block the Trump administration’s deployment of roughly 3,000 federal immigration agents in the state, arguing the operation violates state police powers and raises unprecedented 10th Amendment and equal sovereignty questions. The case also includes traditional claims about ICE overreach, but the key 10th Amendment arguments—relying on core state powers and the Shelby County equal sovereignty principle—are seen as novel and unlikely to prevail. The judge’s handling could affect how courts view federalism and executive power in immigration enforcement, with potential implications for how the federal government interacts with state governing powers.

Supreme Court Examines Constitutionality of Gun Law in Missouri v. United States, Raising Questions on Stupidity
law-and-politics2 years ago

Supreme Court Examines Constitutionality of Gun Law in Missouri v. United States, Raising Questions on Stupidity

The Supreme Court is considering the constitutionality of Missouri's Second Amendment Preservation Act (SAPA), a poorly drafted statute that seeks to nullify certain federal gun laws. While some provisions of SAPA may be read as valid applications of the anti-commandeering doctrine, which allows states to refuse to enforce federal laws, the bulk of the law is a clear attempt at nullification, which is explicitly forbidden by the Constitution. The Supreme Court should uphold the lower court's ruling that struck down the unconstitutional provisions of SAPA, and if Missouri wants to limit the enforcement of federal gun laws, it should do so within the boundaries of the anti-commandeering doctrine.