Session #115 · 2017–19

Speech #CREC-2017-04-26-pt1-PgH2887-2_t1

Once such an agreement is reached, the Feds may not unilaterally make material changes in the terms, nor may they use their superior bargaining position to extort a State into acceding to onerous new terms in order to get the Federal money on which it has come to depend. Whether a particular case involves such an extortion, as opposed to a permissible nudge, depends on the facts. If the Feds are too heavy- handed, they run the risk of violating the 10th Amendment's Federalist division of powers. ``Who knew Federal judges in ur-statist San Francisco had become such Federalists? ``Orrick contends that if Trump were to cut off funds from sanctuary cities for failure to assist Federal immigration-enforcing officials, it would offend the 10th Amendment. This is highly unlikely. First, let's remember--though Orrick studiously forgets--that Trump's order endorses only such stripping of funds as Congress has already approved. Thus, sanctuary jurisdictions would be ill-suited to claim that they'd been sandbagged. Second, the money likely to be at issue would surely be nothing close to Medicaid funding. Finally, Trump would not be unilaterally rewriting an existing Federal-State contract; he'd be calling for the States to follow Federal laws that, A, were on the books when the States started taking Federal money and, B, pertain to immigration, a legal realm in which the courts have held the Federal Government is supreme and the States subordinate. ``Still, all that said, whether any Trump-administration effort to cut off funding would run afoul of the 10th Amendment would depend on such considerations as how much funding was actually cut; whether Congress had authorized the cut in designing the funding program; whether the funding was tightly related or unrelated to immigration enforcement; and how big a burden it would be for States to comply with Federal demands. Those matters will be impossible to evaluate unless and until the administration actually directs a slashing of funds to a sanctuary jurisdiction. ``If that happens, there will almost certainly be no legal infirmity as long as Trump's E.O. means what it says--namely, that any funding cuts must be consistent with existing Federal law. But it hasn't happened.'' And for our poor, miseducated Judge Orrick sitting on the bench with his head crammed full of mush, but none of it entangled with the U.S.
Keywords matched
immigration sanctuary cities

Classification

Target group
Sentiment
Neutral
Stereotyping
No
Confidence
100%
Model
gemini-2.0-flash
Framing
Legal / procedural

Speaker & context

Speaker
LOUIE GOHMERT
Party
R
Chamber
H
State
TX
Gender
—
Date
2017-04-26
Speech ID
CREC-2017-04-26-pt1-PgH2887-2_t1
Paragraph
#5
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