Isnt the Federal govt claiming jurisdiction over immigration doing just that? I may be out on a limb here and I am not a lawyer, but if they can fight a state over this, why cant they fight a state over other bad law and policy?
Isnt the Federal govt claiming jurisdiction over immigration doing just that?
For at least many decades, the DOJ framed their job as defending federal statutes, with no consideration for whether the law is/was constitutional.
Under the Trump administration, the DOJ is actually considering (at least under the Second Amendment) if the law is Constitutional. They have been submitting briefs to the federal courts and actually telling the courts they believe some of the federal laws are not valid under the Constitution.