[Peace-discuss] ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
Boyle, Francis A
fboyle at illinois.edu
Fri Nov 3 17:54:07 UTC 2017
As you can see from today’s newspapers, Congress just punted on protecting the DACA Kids. There are about 800,000 DACA Kids. We lawyers will have a very difficult time protecting these DACA Kids from deportation by the Trumpsters. ICEMAN UI Law Dean Ammar just aligned himself with the Trumpsters. This Law School is an intellectual and moral cesspool. Ditto for Killer Koh. QEDs. Fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Friday, November 3, 2017 10:39 AM
To: David Green <davegreen84 at yahoo.com>; C. G. ESTABROOK <carl at newsfromneptune.com>; Miller, Joseph Thomas <jtmiller at illinois.edu>; sherwoodross10 at gmail.com; peace-discuss at anti-war.net; a-fields at uiuc.edu; Hoffman, Valerie J <vhoffman at illinois.edu>; Joe Lauria <joelauria at gmail.com>; Peace-discuss at lists.chambana.net; peace-discuss-request at lists.chambana.net; Szoke, Ron <r-szoke at illinois.edu>; Arlene Hickory <a23h23 at yahoo.com>; Karen Aram <karenaram at hotmail.com>; abass10 at gmail.com; mickalideh at gmail.com; Lina Thorne <lina at worldcantwait.net>; chicago at worldcantwait.net; Jay <futureup2us at gmail.com>; David Johnson <davidjohnson1451 at comcast.net>; Mildred O'brien <moboct1 at aim.com>; Estabrook, Carl G <galliher at illinois.edu>; David Swanson <davidcnswanson at gmail.com>
Subject: RE: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
And now we lawyers will have to protect the DACA Kids from threatened deportation by the Trumpsters. Way to go ICEMAN AMAR!
Fab
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Friday, November 3, 2017 9:57 AM
To: David Green <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; C. G. ESTABROOK <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>; peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>; a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>; Hoffman, Valerie J <vhoffman at illinois.edu<mailto:vhoffman at illinois.edu>>; Joe Lauria <joelauria at gmail.com<mailto:joelauria at gmail.com>>; Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>; peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; Arlene Hickory <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; Karen Aram <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; abass10 at gmail.com<mailto:abass10 at gmail.com>; mickalideh at gmail.com<mailto:mickalideh at gmail.com>; Lina Thorne <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>; Jay <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; David Johnson <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; Mildred O'brien <moboct1 at aim.com<mailto:moboct1 at aim.com>>; Estabrook, Carl G <galliher at illinois.edu<mailto:galliher at illinois.edu>>; David Swanson <davidcnswanson at gmail.com<mailto:davidcnswanson at gmail.com>>
Subject: RE: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
ICEman Amar gratuitously trashed all the human rights work I have done for Undocumented Migrants since the mid-1980s when I served as Counsel to the Original Sanctuary Movement and he was in college. The College of Law is an intellectual and moral cesspool. QED. Fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Friday, November 3, 2017 4:21 AM
To: David Green <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; C. G. ESTABROOK <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>; peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>; a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>; Hoffman, Valerie J <vhoffman at illinois.edu<mailto:vhoffman at illinois.edu>>; Joe Lauria <joelauria at gmail.com<mailto:joelauria at gmail.com>>; Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>; peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; Arlene Hickory <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; Karen Aram <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; abass10 at gmail.com<mailto:abass10 at gmail.com>; mickalideh at gmail.com<mailto:mickalideh at gmail.com>; Lina Thorne <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>; Jay <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; David Johnson <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; Mildred O'brien <moboct1 at aim.com<mailto:moboct1 at aim.com>>; Estabrook, Carl G <galliher at illinois.edu<mailto:galliher at illinois.edu>>; David Swanson <davidcnswanson at gmail.com<mailto:davidcnswanson at gmail.com>>
Subject: RE: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
And ditto for every Undocumented Migrant who has lived in Champaign County since 1986. If it had been up to ICEman Dean Amar instead of me, Urbana would have never been a Sanctuary for them for the past 31 years. The College of Law is an intellectual and moral cesspool. QED. Fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Friday, November 03, 2017 4:07 AM
To: David Green <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; C. G. ESTABROOK <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>; peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>; a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>; Hoffman, Valerie J <vhoffman at illinois.edu<mailto:vhoffman at illinois.edu>>; Joe Lauria <joelauria at gmail.com<mailto:joelauria at gmail.com>>; Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>; peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; Arlene Hickory <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; Karen Aram <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; abass10 at gmail.com<mailto:abass10 at gmail.com>; mickalideh at gmail.com<mailto:mickalideh at gmail.com>; Lina Thorne <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>; Jay <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; David Johnson <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; Mildred O'brien <moboct1 at aim.com<mailto:moboct1 at aim.com>>; Estabrook, Carl G <galliher at illinois.edu<mailto:galliher at illinois.edu>>; David Swanson <davidcnswanson at gmail.com<mailto:davidcnswanson at gmail.com>>
Subject: RE: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
As I said last year in our Rally against Killer Koh, the College of Law is an intellectual and moral cesspool. We have about 10,000 Undocumented Migrants in Champaign County. If it had been up to “Dean” Amar instead of me, Urbana would have never become a Sanctuary for them. Ditto for 1986 when we had about 8000 Undocumented Migrants in Champaign County. QED. Fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Thursday, November 02, 2017 11:35 AM
To: David Green <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; C. G. ESTABROOK <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>; peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>; a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>; Hoffman, Valerie J <vhoffman at illinois.edu<mailto:vhoffman at illinois.edu>>; Joe Lauria <joelauria at gmail.com<mailto:joelauria at gmail.com>>; Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>; peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; Arlene Hickory <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; Karen Aram <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; abass10 at gmail.com<mailto:abass10 at gmail.com>; mickalideh at gmail.com<mailto:mickalideh at gmail.com>; Lina Thorne <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>; Jay <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; David Johnson <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; Mildred O'brien <moboct1 at aim.com<mailto:moboct1 at aim.com>>; Estabrook, Carl G <galliher at illinois.edu<mailto:galliher at illinois.edu>>; David Swanson <davidcnswanson at gmail.com<mailto:davidcnswanson at gmail.com>>
Subject: RE: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
Sorry, Correction that is 2016 on Urbana reaffirming itself as a Sanctuary City having been one since 1986. According to his biography ICEman UI Yale Law Mafia Dean Amar had just graduated from college in 1985 around when I originally argued the case for Urbana to become a Sanctuary City under a public death threat from the American Nazi Party if I did so. Back then going door to door against us in Urbana were the American Nazi Party, the Ku Klux Klan, Phyllis Schaffly’s Eagle Forum and the Republican Party of Champaign County. Birds of a Feather Flock Together. I don’t like Nazis and Klanners. Fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Thursday, November 2, 2017 10:58 AM
To: David Green <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; C. G. ESTABROOK <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>; peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>; a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>; Hoffman, Valerie J <vhoffman at illinois.edu<mailto:vhoffman at illinois.edu>>; Joe Lauria <joelauria at gmail.com<mailto:joelauria at gmail.com>>; Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>; peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; Arlene Hickory <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; Karen Aram <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; abass10 at gmail.com<mailto:abass10 at gmail.com>; mickalideh at gmail.com<mailto:mickalideh at gmail.com>; Lina Thorne <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>; Jay <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; David Johnson <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; Mildred O'brien <moboct1 at aim.com<mailto:moboct1 at aim.com>>; Estabrook, Carl G <galliher at illinois.edu<mailto:galliher at illinois.edu>>; David Swanson <davidcnswanson at gmail.com<mailto:davidcnswanson at gmail.com>>
Subject: RE: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
And for the record, back in the mid-1980s, I was also personally involved in turning San Francisco into a Sanctuary City and Evanston into a Sanctuary City—which they both still are three decades later. Amar can stick all that where the sun don’t shine! Fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Boyle, Francis A
Sent: Thursday, November 2, 2017 10:49 AM
To: David Green <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; C. G. ESTABROOK <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>; peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>; a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>; Hoffman, Valerie J <vhoffman at illinois.edu<mailto:vhoffman at illinois.edu>>; Joe Lauria <joelauria at gmail.com<mailto:joelauria at gmail.com>>; Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>; peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; Arlene Hickory <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; Karen Aram <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; abass10 at gmail.com<mailto:abass10 at gmail.com>; mickalideh at gmail.com<mailto:mickalideh at gmail.com>; Lina Thorne <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>; Jay <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; David Johnson <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; Mildred O'brien <moboct1 at aim.com<mailto:moboct1 at aim.com>>; Estabrook, Carl G <galliher at illinois.edu<mailto:galliher at illinois.edu>>; David Swanson <davidcnswanson at gmail.com<mailto:davidcnswanson at gmail.com>>
Subject: ICEman UI Yale Law Mafia Dean Amar Aligns with Trump/Sessions against Sanctuary Cities & 11 Million Undocumented Migrants
Yeah well in 1986 I convinced Urbana to become a Sanctuary City which it continued to be for 30 years and then with all your help got that reaffirmed in 2006—according to USA Today the only Sanctuary City between Chicago and New Orleans until Governor Rauner—a Conservative Republican— signed legislation that turned the entire State of Illinois into a Sanctuary State. Amar can stuff that up his bucket. Maybe Amar is tired of being Dean at the No. 44 Law School in the country and is gunning for a slot in the Trump/Sessions Department of Injustice or ICE—become an ICEman?
Fab
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)
From: Justia Verdict [mailto:verdictsupport at justia.com]
Sent: Thursday, November 2, 2017 10:08 AM
To: Boyle, Francis A <fboyle at illinois.edu<mailto:fboyle at illinois.edu>>
Subject: Vikram David Amar - The Need for Clearer Understanding of the Basic Federalism Doctrines Concerning Sanctuary Cities and Other Federal-State Flashpoin
Illinois Law dean and professor Vikram David Amar explains the federalism doctrines implicated by Attorney General Sessions’ attempt to deny funding to sanctuary jurisdictions. Amar points to lower court decisions that reflect a misunderstanding of the doctrines and calls upon federal courts and their law clerks to better understand and apply not just the nuanced technical details of various specific doctrines, but the overall federalism big picture as well.
Click here to view in your browser if you are having trouble viewing this email.<https://verdict.justia.com/2017/11/02/need-clearer-understanding-basic-federalism-doctrines-concerning-sanctuary-cities-federal-state-flashpoints?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-view-in-browser-1>
[Verdict - Legal Analysis and commentary from Justia.]<https://verdict.justia.com?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=image-logo-1>
The Need for Clearer Understanding of the Basic Federalism Doctrines Concerning Sanctuary Cities and Other Federal-State Flashpoints<https://verdict.justia.com/2017/11/02/need-clearer-understanding-basic-federalism-doctrines-concerning-sanctuary-cities-federal-state-flashpoints?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-title-1>
Vikram David Amar
Nov 2, 2017
[https://i2.wp.com/verdict.justia.com/wp-content/uploads/2017/11/shutterstock_579926992.jpg?quality=90&resize=426%2C350&strip=all&fit=1000%25&ssl=1]<https://verdict.justia.com/2017/11/02/need-clearer-understanding-basic-federalism-doctrines-concerning-sanctuary-cities-federal-state-flashpoints?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=image-post-1>
As many of the lawsuits against Trump administration policies brought by state and local entities move towards their resolution on the merits in both federal district and appellate courts, it is becoming clear that courts are confused about some basic ways that various aspects of the doctrine of federalism—that is, the proper relationship between the federal and state governments—relate to each other.
Case in point: the dispute between various cities and the Trump Department of Justice (DOJ) concerning Attorney General Sessions’ attempts to deny federal funding to so-called “sanctuary cities.” The Trump administration believes that jurisdictions that hold themselves out as sanctuaries facilitate crime. (The trial that began last week of Jose Ines Garcia Zarate, an undocumented man accused of murdering San Francisco woman and American citizen Kate Stienle two years ago, is directing a lot of publicity to the administration’s stance here.) Based on his views, President Trump issued an executive order shortly after taking office in which he directed relevant cabinet officers to deprive “sanctuary jurisdictions” of federal funding and to “take [additional] appropriate enforcement action” against them.
That is the framework within which Attorney General Sessions has been trying to deny funding to sanctuary jurisdictions who seek grants under the Edward Byrne Memorial Justice Assistance Grant Program, which supports state and local law enforcement with money for equipment, training, and personnel. In particular, the federal DOJ is requiring all funding applicants to: (1) provide federal agents with advanced notice of the scheduled release from state custody of certain individuals suspected of immigration violations; (2) provide the feds physical access to non-citizens who are being housed in state and local detention facilities; and (3) certify compliance with 8 U.S.C. § 1373.
Section 1373, in pertinent part, provides that “a . . . State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from [maintaining,] sending to, or receiving from, [federal immigration authorities] information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” Thus, the statute prevents a state or local government from having a policy or practice that forbids maintaining or giving to the feds information on the immigration status of individuals.
Many cities have challenged one or more of these conditions, arguing that the federal government exceeds its powers under the Tenth Amendment by imposing such requirements on states and localities. There are two possible federal responses to this Tenth Amendment challenge.
An Argument for Authority Under Article I to Regulate Immigration
First, the feds can and do argue that they have authority to adopt these conditions pursuant to their power under Article I of the Constitution to regulate immigration, naturalization, and foreign affairs. As a general matter, this power is quite broad and may very well suffice to support the federal government’s requirements in this realm, but states and cities have a rejoinder here—a series of cases the Supreme Court decided in the 1990s that, collectively, create a rule known as the “anti-commandeering” doctrine. The basic idea is that, notwithstanding broad Article I powers of the federal government, the Tenth Amendment forbids the federal government coercing states and localities into providing affirmative enforcement assistance to federal authorities. In this setting, states and cities argue that the anti-commandeering principle prevents the feds from requiring state and local authorities to affirmatively provide information about or access to individuals who may have committed immigration law violations.
Perhaps the most important Supreme Court case on this point is Printz v. United States<https://supreme.justia.com/cases/federal/us/521/898/> (1997), in which the Supreme Court held that the federal government could not require state and local law enforcement officers to conduct background checks on gun purchasers as part of the implementation of a federal law (the Brady gun control law). “The Federal Government,” the Court said, “may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.” According to many cities, this is precisely what Attorney General Sessions is trying to do.
There are many questions about whether Printz would continue to command majority support at the Supreme Court today, whether there might be an “immigration exception” to the Printz doctrine, and whether Printz by its own terms even applies to information-only demands by the feds (which would mean § 1373 would be ok, regardless of whether the demands for access to persons in state and local detention would be). If courts conclude that statutes like § 1373 do not constitute commandeering and are permissible under Printz (for any of the reasons in the previous sentence) then the feds can require that states and cities comply with them, pure and simple, under the Article I powers (concerning immigration, naturalization and foreign affairs) mentioned earlier.
An Argument for Authority Under the Spending Clause
But if one concludes that something like § 1373 constitutes impermissible commandeering in violation of federalism principles laid out in Printz, then the federal government would try to overcome the cities’ Tenth Amendment objection by relying on a second, different basis for federal power—the power the feds enjoy to attach strings to federal funding under the so-called Spending Clause of Article I. The Spending Clause in some circumstances gives the federal government power to achieve what it cannot directly command by creating monetary incentives for state and local governments.
The spending authority, as it has been interpreted by the Court, is limited, however, in that it requires that any conditions the feds impose on the funding: (1) be clearly communicated to the states/cities up front, so the recipients can knowingly decide whether to accept the deal; (2) be rationally related to the purposes of federal funding in the first place; and (3) not require the states to do something that violates any other part of the Constitution. In addition, the Court has recently held, the funding at issue cannot be something on which states/cities have come to rely to such a great extent in the past so that they really have no choice but to accept any new strings that are attached. If these four aspects are satisfied, then the funding conditions are valid requirements under Article I and do not violate the Tenth Amendment, whether or not the feds could mandate compliance with the conditions in the absence of the funding carrot.
Misapplication or Misunderstanding by Lower Federal Courts
All of this is chock full of doctrinal details to be sure, but is nonetheless relatively clear and straightforward, even with all the steps involved. Except that some lower courts don’t seem to understand it. For example, in a ruling last month by a district court in the City of Chicago’s challenge to Attorney General Sessions’ insistence that Chicago comply with § 1367, the court conceived of the inquiry into § 1373’s constitutionality as follows:
[The AG’s insistence on] compliance [with § 1373] must be proper under the Spending Clause, and 1373 must pass constitutional muster [under the Printz analysis.] As the City has not argued that the compliance condition violates the Spending Clause, the Court now turns to the Section 1373 question [under the Printz line of cases].
The court ultimately concluded that § 1373 did not run afoul of the Printz anti-commandeering principle (for reasons similar to some that were mentioned above), so running the statute through the Printz analysis did not in the end cause the federal government any harm.
But the key point is that once it is conceded that compliance with § 1373 to obtain federal money is a valid condition on funding under the Spending Clause doctrine, it is irrelevant whether 1373’s mandate—in the absence of a conditional funding scheme—would violate the Printz anti-commandeering rule. Passing muster under Spending Clause doctrine and passing muster under the Printz doctrine are alternative ways for the federal government to prevail. If it wins on either, it wins. It needn’t win on both, the way the district court erroneously thought. Put another way, if a federal condition on funding is permissible under Spending Clause doctrine, it cannot, by definition, be an impermissible commandeering, since (by hypothesis) states have an option of turning the deal down. Hence, there is no federal mandate that could be considered to be commandeering.
The point may seem nit-picky, but it’s not. It goes to the fundamental ways in which different yet related doctrines (in this case Spending Clause doctrine and the anti-commandeering principle) involving federal-state relations fit together. If federal courts are going to be able to enforce the limits that federalism creates on the national government, while at the same time permit the feds to operate in their own proper sphere (and inspire confidence in the public as they accomplish both objectives), they (and their law clerks) need to understand not just nuanced technical details of various specific doctrines, but the overall federalism big picture as well.
[https://justatic.com/v/20171005a/verdict/images/authors/thumbs/amar.jpg]
Follow @prof_amar<https://twitter.com/prof_amar>
Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College of Law. Previously, he served as the Associate Dean for Academic Affairs and Professor of Law at the University of California, Davis School of Law. He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. Before teaching, Professor Amar spent a few years at the firm of Gibson, Dunn & Crutcher.
RECENT ARTICLES
The Troublingly Widening Gyre of Complicity Claims<https://verdict.justia.com/2017/11/01/troublingly-widening-gyre-complicity-claims?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-recent-entry-1> Cornell University law professor Michael C. Dorf describes a principle most famously articulated by Thomas Jefferson, under which there should be a right to avoid providing financial support for causes one strongly opposes. Dorf argues that the Jeffersonian principle has lately run amok. He points out that the government’s argument against allowing a seventeen-year-old undocumented immigrant in federal custody to obtain a privately funded abortion is but one example of the government’s too-broad definition of “facilitation” of acts with which it disagrees. Dorf argues that adoption of such a position would convert every objectionable private exercise of rights into government participation.... Read More<https://verdict.justia.com/2017/11/01/troublingly-widening-gyre-complicity-claims?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-recent-entry-1>
Body Worn Cameras: The Dog That Won’t Bark<https://verdict.justia.com/2017/10/30/body-worn-cameras-dog-wont-bark?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-recent-entry-2> Cornell University law professor Joe Margulies comments on the findings of a recent study of police body cameras that body-worn cameras made no statistically significant difference in how police go about their jobs. Margulies points out that the story is not in the absence of a difference, but in people’s surprise to the absence of a difference. Indeed, it is the routine, not the anomalous, that requires reform.... Read More<https://verdict.justia.com/2017/10/30/body-worn-cameras-dog-wont-bark?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-recent-entry-2>
What Needs to Happen Next for the #MeToo Campaign to Fulfill Its Potential<https://verdict.justia.com/2017/10/26/needs-happen-next-metoo-campaign-fulfill-potential?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-recent-entry-3> Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton praises the #MeToo campaign and explains what more needs to happen to meaningfully address the pervasive issues of sexual assault and abuse against children and adults. Hamilton points to the brave actions by Olympic gymnast McKayla Maroney and elaborates on what must change in our society to empower victims and hold those in power accountable.... Read More<https://verdict.justia.com/2017/10/26/needs-happen-next-metoo-campaign-fulfill-potential?utm_source=verdict-newsletter&utm_medium=email&utm_campaign=2017-11-02&utm_content=text-recent-entry-3>
[Forward this email.]
Have friends who like law? Forward this email.
<http://us1.forward-to-friend.com/forward?u=e710e723d8bd2cdd38fe8f5ac&id=fed3d9e15f&e=1b0e405e24>
[Like Verdict on Facebook]
Like Verdict
for legal discussions on Facebook. <https://www.facebook.com/Justia.Verdict>
[Follow @verdictjustia on Twitter]
Follow @verdictjustia
for news and updates on Twitter. <https://www.twitter.com/verdictjustia>
[Justia]
Contact Us<https://www.justia.com/marketing/> | Privacy Policy<https://www.justia.com/marketing/privacy-policy/>
[Facebook]<https://www.facebook.com/justia>[Twitter]<https://twitter.com/justiacom>[LinkedIn]<https://www.linkedin.com/company/justia>[Justia]<https://lawyers.justia.com/organization/justia-inc-16302>[GooglePlus]<https://plus.google.com/+justia>
You received this email because you have subscribed to the Verdict News E-Mail Feed.
.
Justia <https://www.justia.com/> | 1380 Pear Ave, Suite 2B, Mountain View, CA 94043
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.chambana.net/pipermail/peace-discuss/attachments/20171103/5e4cd08c/attachment-0003.html>
More information about the Peace-discuss
mailing list