Judge Andrew Napolitano: States Have a ‘Constitutional Obligation’ to Take Over Cities That Dismantle Police Forces
Fox News Senior Judicial Analyst Judge Andrew Napolitano weighed in on the debate about defunding the police on Tuesday and predictably argued that it could not be done. Napolitano said that city charters would make the move illegal and states would have to step in and reinstate any abolished police departments.
Minneapolis City Council pledged over the weekend to dismantle its troubled police department and move to a community safety-oriented model. A veto-proof majority of council members support the move, but Napolitano had other ideas. He argued that the city charter prevented this action.
“Well, the city charter, theoretically, in Minneapolis can only be changed by the voters,” Napolitano said. “Let’s just say they changed it or let’s just say the city council and its veto-proof majority just thumbed its nose at the charter, it would be the constitutional obligation of the state of Minnesota to come in there and take over the government of Minneapolis and provide basic police protection.”
“When the Constitution was formed and the states retained to themselves under the Tenth Amendment, the power to provide for safety, expressly, safety,” Napolitano said.
“It’s not only the power to provide for safety, it’s the obligation to provide for safety. So, if people want to make a political statement in Minneapolis, they can make their political statement.”
“But if they actually take cops off the street, it would be the duty of the Minneapolis — of the Minnesota legislature to remedy that.”
Watch the video above, via Fox News.