Rep. Eric Swalwell (D., Cal.) is making bold moves once again.
Just recently, Swalwell found himself outvoted in Congress by a colleague who had passed away months earlier.
Now, he is taking his audacity to new heights. This week, Swalwell declared that if he were to become the governor of California, he would arrest ICE officers and revoke their driver’s licenses.
During an interview on MS NOW’s “All In,” Swalwell was asked by host Jason Johnson:
“What would you do if you are able to be elected as governor of California? … What would you bring to the table as a governor of California?”
Swalwell’s response was:
“Well, as governor of California, you wield significant powers and have a responsibility to protect the most vulnerable in the state. If the president sends ICE agents to pursue immigrants in their workplaces, I will ensure that they remove their masks and reveal their identities, that they display their identification. And if they engage in criminal activities, they will face charges, whether it’s false imprisonment, kidnapping, or assault battery. They will be held accountable. I also believe that if the governor has the authority to issue driver’s licenses in California, if you refuse to reveal your identity by wearing a mask, you will not be permitted to drive in California. There is much that can be done, but the key is to take a proactive approach. Otherwise, the most vulnerable in our community will always be on the defensive.”
It seems that Democrats are echoing the actions of past figures like Gov. George Wallace (D., Ala.), vowing to defy federal authority and prohibit federal agents from operating in their states. Wallace once reportedly threatened to arrest federal officers (though he backed down when faced with legal action).
In a time of heightened anger and irrationality, the most extreme voices dominate.
From calling for the demolition of Trump’s new ballroom to opposing parental rights in schools, Swalwell has struggled to resonate with far-left California voters.
Yet, he is now promising to defy the Constitution. The transition happened swiftly. The frontrunners in the upcoming election remain uncertain, but Swalwell has already taken a radical stance.
Ironically, he is doing exactly what he has accused Donald Trump of doing: disregarding the Constitution for political gain.
For those who still care about the law in California, Swalwell’s plans are legally untenable. Seizing federal agents became outdated after the Civil War. The powers granted to the governor of California do not include the authority to dictate the attire of federal officers.
One major obstacle to Swalwell’s controversial proposals is the Supremacy Clause, which prohibits states from interfering with federal government operations. In cases like United States v. Washington (2022), the Supreme Court has consistently invalidated state laws that obstruct federal enforcement.
Furthermore, under the Supremacy Clause (Article VI, Clause 2), officials carrying out lawful federal duties are immune from criminal charges by state authorities. In the case of In re Neagle (1890), the Supreme Court ruled that a U.S. Marshal was immune from state prosecution after shooting an assailant attacking a justice.
While federal employees are not shielded from state laws entirely, the Supreme Court has clarified that state regulations must not impede federal operations. In Johnson v. Maryland (1920), Justice Oliver Wendell Holmes explained:
“It may be that when the United States has not intervened, federal employees are subject to local laws that incidentally affect their duties. However, even the most universally applicable state laws, such as those regarding murder, cannot dictate the actions of a U.S. Marshal carrying out federal laws.”
None of these legal precedents seem to concern Swalwell. In his quest to outflank his opponents in the California gubernatorial race, he is willing to propose unconstitutional measures. He is transitioning from a democrat to a demagogue, offering unconstitutional acts to position himself as the most extreme candidate.
It’s akin to the spectacle of ancient Roman games, promising clashes with federal officers to excite the masses. From California to New York, there is a growing appetite for legal battles and disruption. Swalwell promises chaos and confrontation, and many California voters will embrace him for it.
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