“#States can’t just generally regulate #ICE conduct, because the #federal government gets to regulate that,” he said. “But states *can* provide remedies against federal officials when federal officials violate federal constitutional rights.”

#Trump #law #Constitution #RightToProtest #federalism #StatesRights #CivilRights #AbuseOfPower #authoritarianism #autocracy #ICE #CBP #Sturmabteilung #UseOfForce #StateSponsoredTerrorism

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

As for the part of the #law that lets people sue #federal agents for violations of the #Illinois #Constitution, the 2 professors wrote, “that provision won’t stand” under the #SupremacyClause.

Still, Vikram Amar said, such #StateLaws can serve a larger purpose.

“In the spirit of #federalism. Not only can #states experiment in this way, but doing so would likely lead #Congress to address the problem,” he said.

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

“It’s unlikely that #Congress would want to leave a patchwork of different #state regulations & different remedies,” Vikram Amar said.

Link to 1987 law review article “Of Sovereignty and Federalism” by Akhil Reed Amar∶ https://akhilamar.com/wp-content/uploads/2021/12/Of-Sovereignty-and-Federalism-2.pdf

#Trump #law #Constitution #federalism #StatesRights #CivilRights #RightToProtest #AbuseOfPower #authoritarianism #autocracy #ICE #CBP #Sturmabteilung #UseOfForce #StateSponsoredTerrorism

As for the part of the #law that lets people sue #federal agents for violations of the #Illinois #Constitution, the 2 professors wrote, “that provision won’t stand” under the #SupremacyClause.

Still, Vikram Amar said, such #StateLaws can serve a larger purpose.

“In the spirit of #federalism. Not only can #states experiment in this way, but doing so would likely lead #Congress to address the problem,” he said.

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

The #law is “important & innovative,” they wrote, & “in keeping with the proudest tradition of #federalism.”

But it is, they added, both too narrow & too broad. It allows suits against only a subset of #federal ofcls, those engaged in #civil #immigration enforcement.

“It suggests that what you’re trying to do is influence #federal enforcement in an area of #policy that you disagree with, rather than trying to make sure everyone stays within the #Constitution,” Vikram Amar said in an interview.

Citing Professor Amar’s article, Judge Walker concluded that “nothing would stop a #state from creating a new cause of action allowing plaintiffs to directly allege federal constitutional violations.”

The #Illinois #law did that, but in imperfect fashion, acc/to a critique from Vikram David Amar, a law professor at UC Davis (& Akhil Amar’s brother), & Jason Mazzone, a law professor at the University of Illinois Urbana-Champaign.

#Trump #Constitution #federalism #StatesRights #ICE #CBP

Whether that is correct is a complicated question in light of another federal #statute, & it has not yet gotten sustained #judicial attention. But Judge Justin Walker, who was appointed to the US Court of Appeals for DC by #Trump, did consider the matter in a 2023 concurring opinion in a case arising from a #protest outside the White House in 2020.

#law #Constitution #federalism #StatesRights #CivilRights #autocracy #ICE #CBP #Sturmabteilung #UseOfForce #StateSponsoredTerrorism

“#States can’t just generally regulate #ICE conduct, because the #federal government gets to regulate that,” he said. “But states *can* provide remedies against federal officials when federal officials violate federal constitutional rights.”

#Trump #law #Constitution #RightToProtest #federalism #StatesRights #CivilRights #AbuseOfPower #authoritarianism #autocracy #ICE #CBP #Sturmabteilung #UseOfForce #StateSponsoredTerrorism

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

The article has, in truth, been quite influential. It has been cited, for instance, in 7 #SCOTUS opinions. But it was also 96 pages long & touched on many issues.

“I was actually trying to do a bunch of different things — & get tenure,” Professor Amar, now a leading constitutional scholar at Yale Law School, said of the article, “Of #Sovereignty & #Federalism.”

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

The article has, in truth, been quite influential. It has been cited, for instance, in 7 #SCOTUS opinions. But it was also 96 pages long & touched on many issues.

“I was actually trying to do a bunch of different things — & get tenure,” Professor Amar, now a leading constitutional scholar at Yale Law School, said of the article, “Of #Sovereignty & #Federalism.”

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