Tuesday, March 28, 2017

A "nudge" vs. a "gun to the head"

Hit and Run has a good review on the Constitutionality of the Trump Administration's action on sanctuary cities: "Jeff Sessions Threatens Unconstitutional Action Against Sanctuary Cities - The Attorney General aims to dragoon state and local officials and leave them "no real option but to acquiesce."

It's a little inside baseball (legally speaking) but the federal government cannot compel states to enforce federal policy by threatening to cut off spending.  The Feds, however, can "nudge" the states as the did by withholding 5% of highway funds for states that didn't raise the drinking age.

1 comment:

Anonymous said...

Pretty humorous that Sessions' empty threat will be swatted down by a precedent involving Obamacare (so recently re-ratified).

Heck of a job, Trumpie. Makes you nostalgic for the competence of George W. Bush, the honesty of Bill Clinton, and the hands-on micromanagement skills of Ronald Reagan.