Commandeering

Commandeering is the act of taking control of or seizing property or persons for public use. In a legal and political sense, it often refers to the federal government compelling state governments or state officials to participate in enforcing or administering federal laws or regulatory programs. The term is closely associated with debates over federalism and the limits of federal power.

In U.S. constitutional law, the anti-commandeering doctrine prohibits Congress from forcing states to enact or enforce federal programs. This doctrine was developed in landmark cases such as New York v. United States (1992), which ruled that the federal government cannot require states to enact or manage waste disposal schemes, and Printz v. United States (1997), which held that Congress cannot compel state or local officials to perform background checks for federal gun-regulation programs. The Court has allowed federal action through mechanisms like preemption or by offering incentives, recognizing that the federal government may regulate nationwide matters without commandeering state administrations.

Scope and limits: The doctrine distinguishes between coercing enforcement and using permissible tools such as preemption or conditional funding. While the federal government may set standards or preempt conflicting state laws, it generally cannot compel states to enforce federal law or to create new state programs to implement federal objectives. Critics argue the line between incentives and coercion can be blurry, and policy disputes continue in areas such as gun control and immigration.

Etymology and usage: The term derives from the French commandeer, meaning to order or seize for use. Beyond law, it is also used in military contexts to describe the taking of property or people for armed forces use.