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Why Trump’s executive order on sanctuary cities is unconstitutional
Posted on 1/26/17 at 12:48 pm
Posted on 1/26/17 at 12:48 pm
LINK
Written by a Libertarian constitutional law scholar
Written by a Libertarian constitutional law scholar
quote:
There are two serious constitutional problems with conditioning federal grants to sanctuary cities on compliance with Section 1373. First, longstanding Supreme Court precedent mandates that the federal government may not impose conditions on grants to states and localities unless the conditions are “unambiguously” stated in the text of the law “so that the States can knowingly decide whether or not to accept those funds.” Few if any federal grants to sanctuary cities are explicitly conditioned on compliance with Section 1373. Any such condition must be passed by Congress, and may only apply to new grants, not ones that have already been appropriated. The executive cannot simply make up new conditions on its own and impose them on state and local governments. Doing so undermines both separation of powers and federalism.
34
Posted on 1/26/17 at 12:49 pm to CommoDawg
Sanctuary cities are unconstitutional
Posted on 1/26/17 at 12:50 pm to CommoDawg
Omg!
Time to impeach!
Time to impeach!
Posted on 1/26/17 at 12:50 pm to CommoDawg
Breaking the law is ok when it does something I like.
The liberal rally cry
The liberal rally cry
Posted on 1/26/17 at 12:51 pm to texag7
quote:
Sanctuary cities are unconstitutional
Wrong. State and city officials are not obligated to enforce federal laws.
Posted on 1/26/17 at 12:51 pm to CommoDawg
I hate to say it, but I think you may be right. This is going to be extremely complicated.The more I read various sources, the less clear it seems. Down voted anyway. 
Posted on 1/26/17 at 12:52 pm to td01241
quote:
Breaking the law is ok when it does something I like.
The liberal rally cry
This is not a high crime or misdemeanor.
Posted on 1/26/17 at 12:52 pm to CommoDawg
Well, sounds like the executive and legislative branches can just whip up some new laws if the current ones are insufficient to force sanctuary cities to get in line.
Posted on 1/26/17 at 12:52 pm to CommoDawg
quote:
There are two serious constitutional problems with conditioning federal grants to sanctuary cities on compliance with Section 1373. First, longstanding Supreme Court precedent mandates that the federal government may not impose conditions on grants to states and localities unless the conditions are “unambiguously” stated in the text of the law “so that the States can knowingly decide whether or not to accept those funds.”
Didn't stop the feds from withholding highway funds from La until we changed our drinking age laws. #Precedent
Posted on 1/26/17 at 12:53 pm to Lsupimp
The easiest way to punish them is perp walk the mayors and city councils for aiding and abetting criminal activity.
Posted on 1/26/17 at 12:53 pm to CommoDawg
Every, single, dadgum word out of DJT's mouth will be met with contradiction and defiance.
The big surprise will be when these obstructionists get curb-stomped in court and -over time- at the ballot boxes...
The big surprise will be when these obstructionists get curb-stomped in court and -over time- at the ballot boxes...
Posted on 1/26/17 at 12:53 pm to CommoDawg
quote:So, you're saying it's unconstitutional for a sitting President to issue an EO to force compliance with an existing law? Nah....
Why Trump’s executive order on sanctuary cities is unconstitutional
Posted on 1/26/17 at 12:53 pm to Bard
quote:
Didn't stop the feds from withholding highway funds from La until we changed our drinking age laws. #Precedent
But not by Executive Order, is his point here.
Posted on 1/26/17 at 12:53 pm to CommoDawg
quote:
Doing so undermines both separation of powers and federalism.
Sounds like someone else, but I quite can't put my finger on the name...
Posted on 1/26/17 at 12:53 pm to CommoDawg
quote:
unless the conditions are “unambiguously” stated in the text of the law “so that the States can knowingly decide whether or not to accept those funds.” Few if any federal grants to sanctuary cities are explicitly conditioned on compliance with Section 1373.
are these grants a function of the statutory law or regulatory law? i'm betting the latter
if i'm right, that's an easy fix, given the USSC's ruling in the Arizona immigration case recently
quote:
The executive cannot simply make up new conditions on its own and impose them on state and local governments. Doing so undermines both separation of powers and federalism.
separation of powers - only if these grants are statutory and the admin wasn't given discretion over them
federalism - already argued before the USSC and fedgov won. immigration is within the domain of the feds
Posted on 1/26/17 at 12:53 pm to Lsupimp
quote:
I hate to say it, but I think you may be right. This is going to be extremely complicated.The more I read various sources, the less clear it seems. Down voted anyway.
Posted on 1/26/17 at 12:54 pm to CommoDawg
We lived through 8 years of that constitution burning a-hole. Suck it up buttercup and deal with it!!
Posted on 1/26/17 at 12:54 pm to Bard
quote:
Didn't stop the feds from withholding highway funds from La until we changed our drinking age laws. #Precedent
And again when they shut down the cockfighting leagues.
that was some bs
Posted on 1/26/17 at 12:55 pm to CommoDawg
Not versed in the deep legal aspects here, but are "grants" not by definition discretionary? The feds are not required to give grants to any state.
Posted on 1/26/17 at 12:56 pm to CommoDawg
quote:
Wrong. State and city officials are not obligated to enforce federal laws.
Wut?
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