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In the seminal case in 1819 involving the Bank of the United States, Chief Justice John Marshall’s unanimous opinion, in striking down a tax Maryland targeted at a valid federal entity, held that states cannot tax or regulate in ways that directly interfere with constitutionally permissible, albeit politically controversial, federal programs, policies, and operations.
The Supreme Court has even extended this federal supremacy principle to invalidate state policies that neither tax nor regulate, but instead direct where state dollars may be spent.
I take up each of the three state enactments—and the major issues raised therein—in turn. provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor [unless] the immigration enforcement agent provides a judicial warrant [or consent is] otherwise required by federal law.” This, and similar provisions of the California statute, are backed up by meaningful sanctions; employers who voluntarily cooperate with the feds are subject to an escalating schedule of fines in the thousands of dollars per violation.
We are all familiar with a provision of federal law known as 28 U. But states could enact and enforce converse-1983 laws to provide state law causes of action against federal instrumentalities that violate the federal Constitution.
Investigating federal officials to see whether they are violating federal constitutional norms is something in which states do indeed have “a lawful interest.” (Note that in my discussion of the IWPA above, it was crucial to my prediction that the feds should win that the feds were within their constitutional power in enforcing the immigration laws in the workplace.)None of this is to say AB 103 is necessarily valid.