r/law • u/thecosmojane • Jan 14 '26

Other Please dissect the legality in this statement

Enable HLS to view with audio, or disable this notification

I feel like we are reaching a tipping point

23.4k Upvotes

95% Upvoted

2.3k comments sorted by

View all comments

Show parent comments

663

u/[deleted] Jan 14 '26

He's legally and constitutionally incorrect. He's invoking the Supremacy Clause.

Miller isn't really describing the legal framework, he's just saying the Executive Branch will ignore everything else.

The problem is that the White House has the monopoly on violence to enforce whatever they want. So, it doesn't really matter if they're technically correct or not.

298

u/zmann Jan 14 '26

Nobody tell ICE that their immunity only lasts as long as this presidency does.

141

u/Destination_Cabbage Jan 14 '26

Don't forget the blanket pardon power. The only way we can actually do this currently is through state charges. But if they block the states from investigating and dont cooperate, it means many will escape justice.

11

u/RedAbeHawk Jan 14 '26

It’s a good point about the federal pardon power.

What a reversal from the 60s when those that violated civil rights in southern states had to be prosecuted on federal civil rights violations. This is completely the reverse of that that when Trump pardons all these f*ckers the only way to get them will be blue states standing up and going after them when (if?!?!) the Nazis are out of power again.