The feds shot a man in his own home. California just showed how to stop it
Hear us out: If conservatives want to restrain the federal government and ensure that government officials follow the Constitution, they should follow the example of California lawmakers. While the country’s biggest Blue State is well-known for its progressive politics, a recently passed law is actually a throwback to old-school federalism.
TL;DR
- It is nearly impossible to hold federal officials accountable in court for violating the Constitution.
- California's SB 747 allows residents to sue federal officers under state law for constitutional violations.
- This law revives an old conservative tradition where state law was used to hold federal officers accountable.
- For most of American history, state law was the primary means to sue federal officers for actions like trespass and false imprisonment.
- While Congress altered many such lawsuits in 1988, it preserved claims for constitutional violations.
- Federal law (Section 1983) allows suits against state and local officials for constitutional violations but omits federal officials.
- States have the inherent authority to hold federal officers accountable under their own laws.
- Republicans are encouraged to adopt similar laws to uphold federalism and protect citizens' rights.
- The Constitution's supremacy and the need for accountability apply regardless of which party is in power.