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Police Reform and the 116th Congress: Selected Legal Issues

CRS report via LC – Police Reform and the 116th Congress: Selected Legal Issues, September 16, 2020: “…Congress has extensive power to regulate federal law enforcement. However, federalism principles embodied in the Constitution place limits on Congress’s power to regulate state and local police—an issue that the Constitution generally entrusts to the states. Congress, however, possesses some authority to regulate state and local law enforcement. Two primary tools Congress may use to act in this area are statutes designed to enforce the protections of the Fourteenth Amendment and legislation requiring states to take specified action in exchange for federal funds disbursed under the Spending Clause.Legislating within the scope of its enumerated powers, Congress has enacted multiple statutes that regulate federal, state, and local law enforcement. Key existing legal authorities related to federal regulation of law enforcement include Department of Justice (DOJ) civil enforcement against patterns and practices of unconstitutional policing, laws imposing civil and criminal liability for officer misconduct, and grant conditions designed to spur state and local compliance with federal policies.Federal courts have supplemented these statutory authorities with certain judicially created doctrines defining the contours of liability for police misconduct…”

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