Tag Archives: anti-commandeering

Feds Are Actually Limited in Using Funding to “Coerce” States

Washington, DC, July 29, 2009 -- NLE'09 in the FEMA Sim Center.  FEMA/Bill Koplitz

Sometimes emailers offer a good opportunity correct widely-held erroneous ideas. In a recent article, I asserted the federal government has very little power to force so-called “sanctuary cities” and states to enforce federal immigration law. Under a well-established legal principle known as the anti-commandeering doctrine, the courts have long held that the federal government cannot […]

How the Federal Fight Against Sanctuary Cities Undermines the Constitution

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We all need to fight the temptation to abandon constitutional principles when they conflict with our policy preferences. I recently appeared on a radio show to talk about the Tenth Amendment and nullification. The conversation moved along marvelously as I explained Madison’s blueprint, and how state and local governments can thwart unwarrantable federal actions (and […]

Thoughts from Maharrey Head #90: Sanctuary Cities and the Tenth Amendment

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“10 Minutes Closer to Freedom” This episode of Thoughts from Maharrey Head, I explain why the recent Federal District Court injunction on Pres. Trump’s “sanctuary city” was a big win for the Constitution. Earlier this week, U.S. District Judge William Orrick slapped an injunction on Trump’s executive order relating to so-called sanctuary cities. The EO […]

Sanctuary City Injunction a Win for the Tenth Amendment

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If you consider yourself a “conservative” who believes in upholding the Constitution, you should celebrate at least one aspect of the injunction a federal judge slapped on Pres. Trump’s “sanctuary city” executive order. Many conservatives have already expressed outrage at the injunction issued by U.S. District Judge William Orrick Tuesday, citing the decision as another […]

Maine Governor to Feds: States Don’t Work for You

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AUGUSTA. Maine – (Aug. 25, 2016) – Maine Gov. Paul LePage recently demonstrated exactly how states should handle the federal government. Just tell it, “No!” In July, the U.S. Department of Commerce sent a request to LePage, asking him to turn over classified state information relating people on Maine’s welfare roles. According to Maine Wire, […]

Thoughts from Maharrey Head #58: The Anti-Commandeering Doctrine

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“10 Minutes Closer to Freedom” In this episode of Thoughts from Maharrey Head, I explain a legal principle known as the anti-commandeering doctrine that puts a Supreme Court stamp of approval on James Madison’s blueprint to stop federal overreach through state non-cooperation. Last week, I talked about James Madison’s blueprint to stop federal overreach, involving […]

Limiting States, Expanding Feds: Amendment Effort on the Left

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My latest article just published over at the Tenth Amendment Center. It examines the constitutional amendment proposals of retired Justice John Paul Stevens. To say they are dangerous would be an understatement. Following is an excerpt. You can read the whole article over at the Tenth Amendment Center. Retired Supreme Court justice John Paul Stevens […]