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This is a strange situation where I don't think that Congress could easily fix the situation, though maybe someone with more expertise can correct me. Since th
by claytongulick 4y ago
This is a strange situation where I don't think that Congress could easily fix the situation, though maybe someone with more expertise can correct me.
Since the concept of qualified immunity is something that the courts came up with, normally Congress could reign it in.
In this case, however, I can't think of an enumerated power that would allow the federal government to dictate policing liability to the states. With few (questionable) exceptions, police powers are reserved to the States.
This would need to be legislation passed in every state, unless there was enough appetite for a Constitutional amendment addressing it.
Until then, we're at the mercy of the courts - hoping that they revisit the concepts involved in light of historical case law and police abuses.
Civil forfeiture is another one, though I think Congress has a strong case for regulating that under the fourth amendment, though it shouldn't be necessary [1] - the fourth amendment is pretty clear about due process for seizures. It's just that somehow everyone just ignores it.
[1] https://www.ojp.gov/ncjrs/virtual-library/abstracts/civil-forfeiture-warrantless-property-seizures-and-fourth-amendment https://www.ojp.gov/ncjrs/virtual-library/abstracts/civil-fo...
- zeroonetwothree 4y agoSure so why doesn’t any state do something about it? If there’s actually popular dislike for QI it should be easy enough.
- claytongulick 4y agoBecause it's not a wedge issue that can be used to demonize the other guy, so no one really cares. Many in Congress these days are afraid to even give the appearance of working across the isle, because it'll surely be used against them by an opponent in a primary.