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re: Why Trump’s executive order on sanctuary cities is unconstitutional
Posted on 1/26/17 at 1:57 pm to NOFOX
Posted on 1/26/17 at 1:57 pm to NOFOX
quote:
The restrictions would have to relate to the grant/program and the withholding cannot be so severe that it amounts to compulsion
one key difference is compulsion vs criminality
if the feds make a law (if there isn't one already) that says a locality cannot receive federal grants if they violate local, state, or federal law, then that's 100% constitutional and outside of that test. that's how the statutory solution would get around these issues (the OP, iirc, is about EO action alone)
quote:
So they can probably restrict DOJ grants, but once they start trying to withhold HUD funds
i think as of now it's just immigration-related funds, which are directly related to immigration enforcement
2
Posted on 1/26/17 at 1:59 pm to SlowFlowPro
quote:Which from limited data so far $125 Mill for FY16 to the state of California, I am sure there is more they could find to deny if they so desired.
i think as of now it's just immigration-related funds, which are directly related to immigration enforcement
Posted on 1/26/17 at 2:13 pm to SlowFlowPro
quote:
if the feds make a law (if there isn't one already) that says a locality cannot receive federal grants if they violate local, state, or federal law, then that's 100% constitutional and outside of that test.
Compelling state police action via the spending power is going to be unconstitutional just like the feds could not compel the states to expand medicaid or comandeer state employees to perform federal firearm background checks.
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