4 ms·
How does the federal government have authority to regulate state warrant requirements?
by polski-g 3y ago
How does the federal government have authority to regulate state warrant requirements?
- torstenvl 3y agoFirst, that isn't what it's doing. It's regulating the nation-wide market for data, which it can do under the commerce clause. However, the Fourth, Fifth, and Sixth Amendments apply to the states via the Fourteenth Amendment, which explicitly states that "Congress shall have power to enforce, by appropriate legislation, the provisions of this article." So state warrant requirements are not completely out of the reach of Congress.