Texas is asserting its sovereign immunity against Congress, telling Democrats on two congressional committees this week that the state has no obligation to comply with their investigative demands.

“Texas does not draw its authority from the United States or the United States Constitution, but from its status as a dual sovereign within the union,” Jeffrey C. Mateer, first assistant attorney general, wrote in a letter Monday to the House Oversight and Reform Committee.

Mr. Mateer fired off a similar letter Wednesday to the House Ways and Means Committee rebuffing its attempts, saying the state wouldn’t stand to be treated like a “subdivision of the federal government or a private citizen.”

The oversight committee is probing Texas’ announcement this year that it found some 95,000 names on voter rolls it suspected of being noncitizens. The state moved to begin to purge the names, drawing a lawsuit from Hispanic and voters rights groups. The sides reached a settlement last month.

Texas is objecting to Democrats’ requests for documents probing the state’s efforts to clean up its voter rolls, and documents detailing the state’s efforts to protect faith-based adoption and foster care providers against an Obama-era rule about working with same-sex couples.

Ken Cuccinelli, a former Republican attorney general in Virginia, said he never encountered the situation during his time in office, but he added that two constitutional principles are at stake: the sovereignty of states and the supremacy clause, which gives the federal government an edge in clashes with states.

He said Texas makes a strong case in its letters for why it will prevail.

“Congress doesn’t get to do oversight over states — period. Nor can they compel action by state officers,” he said. “If I were a betting man, I’d take Texas and give two touchdowns on this one.”

The Texas attorney general’s office also questioned the validity of the committees’ inquiries, saying they haven’t identified a valid legislative purpose. The Supreme Court has held that while Capitol Hill has broad investigative powers, they must be tethered to some lawmaking, either now or with the prospect of legislating.

That is the same argument the Trump administration made this week in objecting to the expansive document demands from the House Judiciary Committee, which is looking to redo and expand on the special counsel’s report into the 2016 election and Russian meddling.

Source: http://amp.washingtontimes.com/news/2019/may/16/texas-asserts-sovereign-immunity-against-congress/