The Constitution Grants Trump the Power to Enforce the Law in Minnesota
Timothy Birdnow
Dana Mathewson forwards this from Powerline. Apparently Minnesota is arguing in court (in front of a Clinton-appointed judge) that the Tenth Amendment allows them to kick ICE and other Federal Agents out of their state because, like, Federalism and junk!
This is beyond ridiculous. The Tenth Amendment (which the left ignores all the time) is only valid where the Constitution does not specify a power it is expressly granting the federal government. Control of immigration and enforcing the law are both specified as a power of the United States. They don't have a legal leg to stand on (but that never stops the Left).
The Supremacy Clause says federal law trumps state law, and the 14th amendment, which is the basis of "birthright citizenship" says in section one that a person born or NATURALIZED in the United States is a citizen. It says nothing about illegal aliens. And section five of the amendment says the federal government can make laws to facilitate that amendment as needed and they trump state laws. That means immigration laws.
And the power to regulate immigration is vested in the U.S.
The federal government's authority to regulate immigration is primarily vested in the Constitution's Naturalization Clause (Article I, Section 8) and Commerce Clause (Article I, Section 8). In fact the Democrats sued Arizona under Obama for passing a law identical to the Federal statutes and thus using state police to enforce these laws - and Obama won in court. The court agreed that immigration enforcement is a federal matter and the state can only offer assistance to the feds when requested.
This is a no-brainer; Minnesota has nary a legal leg to stand on here.
If Minnesota wins the Trump Administration should cut off ALL federal funds to the state. None of those funds are in the Constitution either. Fair is fair. Of course Walz and Ellison will sue in court to force Trump to keep the spigot flowing and will argue against the very argument they are making here. But when do we ever expect consistency from liberals?