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When state and local officials decline to help enforce federal firearm rules they view as unconstitutional, The New York Times says, they are adopting “a legally shaky but politically potent strategy” with racist roots.
But when state and local officials decline to help enforce federal immigration rules they view as “unjust, self-defeating and harmful to public safety,” the Times says, they should be “proud” of “choos[ing] not to participate in deportation crackdowns.”
That blatant double standard illustrates how policy preferences and partisan allegiances color people’s views of federalism, which they tend to endorse when it serves their purposes and reject when it doesn’t. But as Missouri Gov. Mike Parson and Attorney General Eric Schmitt recently observed while defending that state’s Second Amendment Preservation Act, “you cannot have it both ways.”
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Contrary to what the Times reported, that policy is not “legally shaky.” It relies on the well-established anti-commandeering doctrine, which says the federal government cannot compel state and local officials to enforce its criminal laws or regulatory schemes.
That doctrine is rooted in the basic design of our government, which limits Congress to a short list of specifically enumerated powers and leaves the rest to the states or the people, as the 10th Amendment makes clear. That division of powers gives states wide discretion to experiment with different policies, some of which are bound to offend the Times.
The paper suggests that defending state autonomy is disreputable, because that argument was “deployed in the past in the South to resist antislavery and civil rights laws.” But federalism does not give states a license to violate rights guaranteed by the Constitution or to flout laws authorized by it.