Can the Federal government stop a state government from carrying out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

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On 7/14/2021 7:13 AM, S K wrote:

Can the Federal government stop a state government from carrying out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

Unless it violates the constitution then the answer is no.

Congress has the power to force absent lawmakers to attend so there is
no prohibition for the Texas legislature to have a similar rule.

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It appears that S K <skpflex1@gmail.com> said:

Can the Federal government stop a state government from carrying out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

If the dems were physically in Texas, no question. It is quite common for legislatures
to have the right to compel absent members to attend, by arresting them if need be.

A more interesting question is what happens in the current case, when the dems are in D.C. or perhaps neighboring MD or VA? Do the other states have a duty to retrieve them? Art IV Sec 2 of the Constitution says:

A Person charged in any State with Treason, Felony, or other Crime,
who shall flee from Justice, and be found in another State, shall on
Demand of the executive Authority of the State from which he fled, be
delivered up, to be removed to the State having Jurisdiction of the
Crime.

But not showing up at the statehouse isn't a crime. This is a legislative,
not a criminal, arrest.
--
Regards,
John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

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S K <skpflex1@gmail.com> wrote:

Can the Federal government stop a state government from carrying
out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

In general, no. However Texas can't send people into another state and
try to arrest someone who has not broken the law.

--
Stu
http://DownToEarthLawyer.com

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On 7/14/2021 7:13 AM, S K wrote:

Can the Federal government stop a state government from carrying out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

The Federal Government has nothing to say about this.

If the dems were still in Texas, the lege could send the state police to
arrest the dems. But at the moment, the dems are in DC. The Texas police
have NO powers in DC other than those of an ordinary citizen. If they
tried to arrest the dems in DC, they would be guilty of assault, battery
(if there was any touching), and attempted kidnapping. Actual kidnapping
if they actually forced them to go somewhere else (even, for example,
stuffing them in a car).

If they actually took the dems into another state (e.g., to Dulles
Airport in Virginia, or put them in a car to drive them back to Texas),
THEN the Federal Government could -- and probably would -- get involved.
That would be kidnapping across state lines, a federal crime, and guess
who makes the arrest? The FBI.

Not going to go well for the Texas cops involved. And anybody in the
chain of command who ordered it (their immediate superiors, all the way
up to the Chief, whichever legislative official ordered it, and quite
possibly every member of the lege who voted for that hare-brained idea.

Can you spell "Leavenworth"?


--
I do so have a memory. It's backed up on DVD... somewhere...

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On 7/14/2021 3:23 PM, S K wrote:

On Wednesday, July 14, 2021 at 3:48:45 PM UTC-4, John Levine wrote:

It appears that S K <skpf...@gmail.com> said:

Can the Federal government stop a state government from carrying out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

If the dems were physically in Texas, no question. It is quite common for legislatures
to have the right to compel absent members to attend, by arresting them if need be.

A more interesting question is what happens in the current case, when the dems
are in D.C. or perhaps neighboring MD or VA? Do the other states have a duty >> to retrieve them? Art IV Sec 2 of the Constitution says:

A Person charged in any State with Treason, Felony, or other Crime,
who shall flee from Justice, and be found in another State, shall on
Demand of the executive Authority of the State from which he fled, be
delivered up, to be removed to the State having Jurisdiction of the
Crime.

But not showing up at the statehouse isn't a crime. This is a legislative, >> not a criminal, arrest.
--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

So we could have a reverse Fort Sumpter - the mighty state of Texas sends it gendarmes to washington DC and federal forces stop them from "arresting" the dem legislators on federal territory.

If it were a crime then Texas could demand that the errant lawmakers be arrested and extradited to Texas. But... It isn't a crime so Texas will
not be sending anyone to arrest them until they return to Texas.

Once back in Texas, then the people can be detained and brought to the
Capitol.

Similarly Congress can send the people to arrest absentees and bring
them to the Capitol.

It is simply people of the minority party using archaic rules to stymie
the will of the majority party. Sound familiar?

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On Wednesday, July 14, 2021 at 3:48:45 PM UTC-4, John Levine wrote:

It appears that S K <skpf...@gmail.com> said:

Can the Federal government stop a state government from carrying out an arrest?

For example - Texas republicans threatening to arrest dem state representatives for refusing to provide a quorum?

If the dems were physically in Texas, no question. It is quite common for legislatures
to have the right to compel absent members to attend, by arresting them if need be.

A more interesting question is what happens in the current case, when the dems
are in D.C. or perhaps neighboring MD or VA? Do the other states have a duty to retrieve them? Art IV Sec 2 of the Constitution says:

A Person charged in any State with Treason, Felony, or other Crime,
who shall flee from Justice, and be found in another State, shall on
Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the
Crime.

But not showing up at the statehouse isn't a crime. This is a legislative, not a criminal, arrest.
--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

So we could have a reverse Fort Sumpter - the mighty state of Texas sends it gendarmes to washington DC and federal forces stop them from "arresting" the dem legislators on federal territory.

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