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

Some #states — including #California, #Maine, #Massachusetts & #NewJersey — have enacted laws along the lines that Prof Amar proposed, though they are largely untested, & #Illinois recently adopted one tailored to address the conduct of #ICE agents.

https://ilga.gov/documents/legislation/104/HB/PDF/10400HB1312enr.pdf

The IL #law says that lawsuits may be filed “against any person who, while conducting #civil #immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the #UnitedStates #Constitution.”

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

The #Trump admin promptly sued #Illinois, saying the #law violated the #Constitution’s #SupremacyClause, which generally prohibits #states from enacting measures at odds with #FederalLaw. Whether to allow lawsuits against #federal agents for violating the federal #Constitution, the admin’s complaint said, “is a policy choice for Congress.” [ridiculous]

Professor Amar said aspects of the IL #StateLaW might be problematic, but that its core idea is sound.

#UseOfForce #StatesRights #CivilRights

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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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