The Supreme Court has consistently held that state and local governments don’t have to enforce federal laws or implement federal programs. This is known as the anti-commandeering doctrine.
People have become more aware of this important state power, but a lot of folks still think there has to be a constitutional justification to, as James Madison put it, “refuse to cooperate with officers of the union.” This isn’t true. State and local governments don’t have to have any reason at all other than they don’t want to.
For Further Reading
- Arizona Bill Would Limit Federal Control Over Local Police - January 29, 2023
- The General Welfare Clause Doesn’t Mean What They Tell You It Means - January 28, 2023
- War Is the Greatest Enemy of Liberty - January 27, 2023