Legal Question in Constitutional Law in New York

Does this fact pattern violate federalism and separation of powers concepts?

Each high school principal shall certify to the Secretary of Homeland Security, for each Islamic and/or Latina immigrant student graduating from the school, that the student has demonstrated his or her loyalty to the United States and has renounced terrorism. Certification shall be provided only after such student has successfully completed a course, Values in American Democracy (VAD). The curriculum for VAD shall be provided in regulations issued by the Secretary of Education, with the consent of the Speaker of the House of Representatives, not more than six months following passage of this Act. The federal district courts shall order deportation of each Islamic immigrant student who has graduated from high school without being so certified.

Asked on 12/01/19, 6:54 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

No I don't think this provision violates either of the legal concepts you mention.

Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant.

Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

The fact pattern does not invoke either of those concepts.

Good luck.

Read more
Answered on 12/02/19, 5:25 am

Related Questions & Answers

More Constitutional Law questions and answers in New York