Another example of Democrats passing stupid laws with no brains behind it.
CBP senior advisor and former Acting ICE Director Ron Vitiello discusses a new bill California bill that aims to unmask ICE agents and more
Let's just take one moment and point out that the Constitution prevents States from regulating Federal agencies. They do not have that power. That power rests in the hands of the President in the Executive branch.
So what does this law do?
It's called the Supremacy Clause in Article VI, Clause 2 of the U.S. Constitution.
“This Constitution, and the Laws of the United States… shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
What it means:
Federal law trumps state law: If a state law conflicts with a federal law, the federal law prevails.
States can’t undermine national policy: States are prohibited from passing laws that contradict the Constitution or valid acts of Congress.
Judges must follow federal law: Even state judges are bound to uphold federal law over conflicting state statutes.
Now, you might say, "Well, there aren't any laws stating ICE can wear balaclavas." And you would be right. However, that's also invalid. The law that California enacted is illegal. It requires a Federal agency to abide by it. And well, the State does not have that power because...
1. Supremacy Clause (Article VI, Clause 2)
Federal law is the supreme law of the land.
States cannot override or control federal operations.
Federal agencies operate under federal authority, not state jurisdiction.
2. Intergovernmental Immunity Doctrine
States cannot regulate the federal government or its agents when they are acting within the scope of their federal duties.
This doctrine protects federal entities from state interference, including laws that attempt to direct, restrict, or penalize federal operations.
3. McCulloch v. Maryland (1819)
Landmark case: Maryland tried to tax the federal bank.
Supreme Court ruled that states cannot control federal institutions.
Famous quote: “The power to tax involves the power to destroy.”