U.S. Supreme Court,
Government,
Constitutional Law
Mar. 13, 2018
Trump vs the Golden State
Based on current law, there is merit to arguments on each side, but more on the side of California in this dispute.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The suit filed last week by the Trump administration against California is a classic battle between federal preemption and states' rights. The U.S. government claims broad federal control over immigration and that California's actions are preempted because they impede achieving the federal objective of stricter enforcement of immigration laws. California is claiming that the federal government is impermissibly compelling state and local governments to enforce federal ...
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