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Zhi Zhu 🕸️ boosted
Nonilex
Nonilex
@Nonilex@masto.ai  ·  activity timestamp 3 days ago

That is where #state lawmakers come in, Professor Amar said.

“Sometimes the #federal government will misbehave,” he said, “& you can’t count on #Congress always to rein the federal government in.”

His article drew on 2 principles often associated with #conservatives: #federalism & #originalism.

“This is exactly what the framers imagined: state law protecting us against federal abuses,” Professor Amar said.

#Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP

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Nonilex
Nonilex
@Nonilex@masto.ai  ·  activity timestamp 3 days ago

#SCOTUS tried to address the gap in 1971 in Bivens v. Six Unknown Named Agents, allowing the victim of an #unconstitutional search by #federal agents to sue them. But the court has essentially abandoned that approach, saying instead that #Congress must act if suits against federal ofcls are to be allowed.
[I personally don’t see this SCOTUS dealing with the issue given their stance on expansive #ExecutivePower]
#Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP

Nonilex
Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp 3 days ago

That is where #state lawmakers come in, Professor Amar said.

“Sometimes the #federal government will misbehave,” he said, “& you can’t count on #Congress always to rein the federal government in.”

His article drew on 2 principles often associated with #conservatives: #federalism & #originalism.

“This is exactly what the framers imagined: state law protecting us against federal abuses,” Professor Amar said.

#Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP

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