Somin, a Professor of Law at George Mason, writes:
“Attorney General Jeff Sessions recently announced a new Justice Department policy seeking to pull federal grants from “sanctuary cities” – jurisdictions that refuse to cooperate with some federal efforts to deport undocumented immigrants. Much like President Trump’s earlier executive order targeting sanctuary cities, which was blocked by a federal court decision, the Justice Department’s new policy is unconstitutional. If allowed to proceed, it would create a dangerous precedent for both federalism and separation of powers.
. . . .
The major constitutional problem with all three requirements is exactly the same as the main flaw in the earlier order: Longstanding Supreme Court precedent indicates that only Congress can impose conditions on grants given to states and localities, and that those conditions must be “unambiguously” stated in the text of the law “so that the States can knowingly decide whether or not to accept those funds.” Neither compliance with Section 1373 nor the other two conditions the DOJ seeks to impose are included in the authorizing legislation for the Byrne grants. Sessions and Trump may be at odds on other issues right now. But they are united in their desire to make up new grant conditions and impose them on states and localities after the fact.”
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Read the entire article at the link.
Sessions is a “Constitutional relativist.” One day he’s for states’s rights to deny minorities the vote or to shoot or beat them to a pulp in law enforcement operations. The next day, he’s for the Feds interfering with local law enforcement’s ability to work with the entire community (not just the white guys) to enforce local laws. The only consistency in Sessions’s positions: the White Nationalist agenda. Look for the worst outcome for folks of color or non-Christians and that’s where you will find Sessions and his minions. Every time.
PWS
07-27-17