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The Constitution permits states to decline compelled participation and commandeering in federal enforcement, but it does not permit states to impede, burden, or control the operations of federal law or federal officers.

Drawing on common-law principles, Reconstruction-era legislative history, and Supreme Court precedent, the brief argues that the Clause reflects a jurisdictional standard tied to political authority and national sovereignty.

This is the first paper in the Center for Renewing America’s “Family and Future” series.

The rule of law cannot stand if federal judges are allowed to unilaterally dictate national policy and wage war on American voters and citizens under the belief that a lifetime appointment grants them immunity from the consequences.