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Wagner and Winick On the Law

Wagner and Winick On the Law

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March 30th 2017:The Rights -or Wrong- of Sanctuary Cities

Can the federal government withhold funding to "Sanctuary" jurisdictions, including cities, counties, and states? The 10th Amendment to the US Constitution reserves powers not delegated to the federal government to the states. The Supreme Court has interpreted the 10th Amendment to contain an anti-commandeering requirement where states and local governments cannot be required “to enact or administer a federal regulatory program.” The Supreme Court also has held that under the Spending Clause, conditions Congress places on grants must be “germane” or “related to” the federal interest in the gr

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