I always understood that the USA is built on a delicate balance of power between the federal and state governments. But here the federal government is sending thugs who, masked or unmasked, are brazenly killing people in bizzare circumstances. And the best the state can do is PTFO?
If ICE weren't acting like brown shirts, not much. It'd be Federal tasking happening according to due process;probably after the State informed the Feds they would not delegate local LEO to their task.
Now, seeing as ICE are acting like brown shirts; things are kinda complicated. Technically, charges can be brought against specific agents breaking the laws of the State. If those agents happen to be Minnesotan, it may be something that stays internal to the States courts. However, if they are from out-of-state, things get complicated, because then you start dealing with nasty things like Federal jurisdiction, and the fact the Federal government isn't going to be terribly motivated to do anything other than paper over things in the most convenient way they can.
Now as to whether Minnesota could just outright expel ICE; it'd be something that hasn't been tested since the Civil War. Typically, when you start doing things like that, the Feds escalate quickly. This type of thing has previously been avoided through attempts at maintaining some degree of professional conduct amongst Federal agents, and getting buy-in from the locals.
We are now firmly in interesting times.
In state economic deplatforming.
Yes, and the complicated part is federal supremacy[0]. The federal government can "convert" the case against the agent into a federal one and essentially just turn a blind eye which means no justice. No doubt that this administration would protect agents executing citizens by saying it was "part of their duty" to be there and doing that.
In state economic deplatforming.
You're gonna prosecute Minnesotans for accepting cash?
If supporting domestic terrorism for economic gains, yes. How you provide the support is irrelevant. State charges cannot be pardoned. Based on the general strike this week, good luck finding a favorable jury for aiding and abetting.
"You can just do things." If the federal government files suit, ignore them and keep going while you tie it up in court and run out the clock on this administration. It is easy to forget that supporters of this admin and these actions are in a minority.
Litigation Tracker: Legal Challenges to Trump Administration Actions - https://www.justsecurity.org/107087/tracker-litigation-legal...
That sounds like maybe not entirely the best idea.
I get it, your mental model differs, and that’s fine. The tools exist and can be used. They could start by blacklisting the BIN of any federal government payment card, and tighten further iteratively based on continuous monitoring and ground truth acquisition. If aggressors have to start carrying large quantities of cash around to operate, sounds like that’s going to be an operational risk.
Federal supremacy is based on respect of their authority and providing them material support in state through economic exchange. Revoke both and they are powerless on the ground, and are at the mercy of the locals.
"Stop their payment cards" just makes things a little inconvenient for the bad guys. What you are proposing makes everything very inconvenient for everyone. Mental models differ indeed.
I encourage the federal government to try to support itself off of red states.
https://usafacts.org/articles/which-states-contribute-the-mo...
If your point is that states should essentially secede to prevent federal agents from doing anything within, that's possible, but I don't think most citizens of even the bluest state want to secede.
Honest question: what territory do you think we are in now that is better than “secession territory?”
Honest to god question. Federal agents are executing citizens in the streets!
> The major power lever that could be used in soft secession is if a state normally giving more in taxes to the federal government than it receives back would cease to send tax revenue to the federal government. These states, which generally are blue states governed by a Democratic Party majority, could leverage finances to exert influence over the federal administration, i.e. a Republican administration seen as hostile to their interests.
Interestingly, if done strategically, you could cause the US government to default on treasuries through a loss of federal revenue (a component of which is used to service US debt), forcing a debt spiral. This would enable the states with economic power to "wag the dog" in partnership with the bond market, because the federal government cannot operate if they lose the power of funding via issuing debt while also losing revenue from these states. Net contributor states could issue muni debt directly into the bond market, avoiding the need for federal dollars.
Blue states can force the federal government into default, if they have the will.
For quartering large bodies of armed troops among us. For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States
For depriving us in many cases, of the benefit of Trial by Jury
What makes you believe ICE is going to follow a judge's orders? They are already routinely violating it when it comes to deporting people.
Or, if you want to be even more pessimistic: what makes you believe the current Supreme Court is going to rule based on law, instead of based on political affiliation?
The USA's balance of power is horribly broken. To give just one simple example related to the previous: having the Supreme Court be nominated by the President and confirmed by a simple majority in the Senate? That's just asking for trouble. It'd be far better to have judges nominated by a politically-independent organisation (like the currently-sitting judges, or a national bar association) and confirmed by a two-thirds majority in the House/Senate (preventing anyone controversial, so you get boring, professional, and by-the-book judges - like they are supposed to be).
You've truly found a loophole.
If they removed their mask before getting to the restaurant, and the restaurant owner had no other reason to suspect them, then the restaurant owner is in the clear. But hopefully someone took a picture of their face so they can be on the early admission list for Nuremberg 2.
The individual state governments aren't meaningfully resisting. Their law enforcement isn't arresting "federal agents" to put them through state legal system. These perps should be jailed and forced to appeal before a judge for a bail hearing, possibly held without bail as they are clearly threats, and then put on trial in a state court.
Without this, where is the enforcement?
The classic question: who watches the watchmen? Right now, no one.
Without going into a diatribe about how governments necessitate coercion and violence, enforcing such a "law" would indeed be counterproductive and hard to enforce, like you're indicating.
That said, mutual agreement by businesses and citizenry to make efforts to identify federal agents, then refuse to conduct business seems like it should already be entering discussions (if it isn't). Additional coercion by the local government doesn't need to enter the equation of civil disobedience.
Of course they can, but the governor and mayor know that ordering the police to do this means they completely lose what little control they have over the police, since the police support ICE and will believe it to be their patriotic duty to refuse the order.
I guess I should have spelled it out in the initial comment.