Opinion: California vs. Trump: How the Constitution might protect ‘sanctuary’ cities from the White House’s reach

To the editor: The U.S. Constitution can protect our state against President Trump’s threats to withhold federal funds from so-called sanctuary jurisdictions if we don’t comply with his immigration edicts. (“Trump versus California: The feud turns from rhetorical to real,” Jan. 26)

In 1999 the U.S. Supreme Court told us in Davis vs. Monroe County that federal spending power, “if wielded without concern for the federal balance, has the potential to obliterate distinctions between national and local … power by permitting the federal government to set policy in the most sensitive areas of traditional state concern.” Those areas include police, safety, health, transportation, welfare and more.

Also, though federal money can be granted with conditions attached, the Court reiterated in the 2012 case concerning the Affordable Care Act’s individual mandate that “any such conditions must be unambiguous so that a state at least knows what it is getting into.” Undoubtedly, the federal laws under which California receives the money in question do not hint that it could be taken away if a state doesn’t comply with a president’s immigration demands.

Finally, in the 1937 case Steward Machine case, the Court held that conditions on federal money “may not cross the point at which pressure turns into compulsion” against the states. The Court relied on this principle in the healthcare case to strike down forced Medicaid expansion in the states; California could be protected similarly.

Ira Spiro, Los Angeles

The writer teaches constitutional law at Peoples College of Law in Los Angeles.

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To the editor: California will get its just deserts for its arrogance. Its leaders have declared that they known better and will decide which laws to follow and which to ignore. But when it comes to federal dollars, these same condescending political leaders howl with indignation when there are consequences for their arrogance.

It seems California leaders believe they are blessed with governing abilities not found anywhere else. They do not feel bound by the pedantic rules that the rest of the nation labors under.

I have a simple suggestion: Secede. Get away from those rubes who don’t have our gift. But down the road, after taxes soar even more, welfare rolls swell and businesses flee to avoid paying homage to the social engineers, we should not ask to rejoin the union.

Joseph Schillmoeller, Gardena

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To the editor: There may some logic behind the position taken by the state, but I am unable to comprehend, with all my mental efforts, what it is.

Trump is going to fight those who violated immigration law. However, some cities in California have policies that effectively protect those violators.

Do the two sides live on different planets?

Vladimir Bogorad, Chatsworth

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To the editor: Trump refuses to release his tax returns. He boasted in the debates that he avoids paying taxes because he is “smart.” Now he wants to use our money to construct a multibillion dollar border wall, expand authority to deport thousands, increase the number of detention cells and punish cities and states that refuse to cooperate.

California is clearly his target, as are all citizens who treasure freedom, liberty and justice. Where are the courageous representatives in Congress?

Study the run-up to Nazi Germany or other repressive regimes. God help us.

Eileen M. Elvins, Dana Point

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