Will liberals learn to love the 10th Amendment? It's Trump vs. Scalia when cities offer sanctuary to immigrants.
Author | Root, Damon |
Position | LAW |
IN THE 1997 case Printz v. United States, the U.S. Supreme Court ruled it unconstitutional for the federal government to direct state and local law enforcement officers to enforce certain provisions of the 1993 Brady Handgun Violence Prevention Act.
"The Federal Government may neither issue directives requiring the States to address particular problems," the late Justice Antonin Scalia wrote in his majority opinion, "nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." In short, Printz held, the feds may not commandeer the states for federal purposes.
At the time it was decided, Printz was criticized by many liberals for being a "conservative" decision that promoted states' rights at the expense of duly enacted national reforms. In other words, they saw it as a case of the 10th Amendment run amok.
Liberals today are more likely to view Scalia's handiwork in a far more favorable light. That's because Printz now serves as perhaps the single best legal precedent in support of the constitutionality of so-called sanctuary cities--municipalities that either won't help the federal government round up and deport undocumented immigrants or otherwise refuse to participate in the enforcement of federal immigration laws.
Sanctuary cities have become a hot topic since the election of Donald Trump. Less than a week after Trump won, New York Gov. Andrew Cuomo took to Facebook with a...
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