The Anti-Commandeering Doctrine Isn’t About Constitutionality
State and local governments can legally refuse to cooperate with the enforcement of federal laws and the implementation of federal programs. And this is key – whether those laws or programs are constitutional or not. Refusal to cooperate with federal enforcement...
Marshall and Madison on Immigration Power
I’ve now had time to read and think about John Marshall’s comments on Congress’ power over immigration (or, strictly speaking, the comments in the 1799 report of the minority of the Virginia Legislature, attributed to Marshall), recommended by Kurt...
Weaponizing People for Political Gain is Nothing New
On April 12, 2019, the Los Angeles Times published an article headlined “Trump Threatens to Dump Immigrants into California’s ‘Sanctuary Cities.” The article explains that the plan involves busing migrants held in detention centers near the border and...