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

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

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

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.

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

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

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FinchHaven sfba boosted
Nonilex
Nonilex
@Nonilex@masto.ai  ·  activity timestamp 3 days ago

His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

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

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

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

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

His central point for present purposes was that #state #legislatures can authorize lawsuits against #federal officials for violating the #Constitution. If that is right, such #StateLaws would close an odd gap in #FederalLaw that—broadly speaking—allows such suits against state & local officials, like police officers, but not against #federal ones, like #ICE agents.

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

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