The Urgent Need for Police Reform
In the wake of George Floyd’s tragic death in May 2020, the nation erupted in calls for justice and comprehensive police reform. His death became a symbol of the systemic issues in policing, particularly the disproportionate use of violence against Black Americans. However, since George Floyd’s death, many other Black men across the country have been killed by police, reigniting outrage and reinforcing the urgent need for meaningful reform. These tragic incidents have only added to the collective demand for real solutions—solutions that hold law enforcement accountable and protect communities from excessive force and extrajudicial killings of Black Americans.
The introduction of the George Floyd Justice in Policing Act was a response to this national outcry. The bill seeks to increase police accountability, enhance transparency, and reform policing policies on a national scale. But as someone who has spent 33 years in law enforcement, I can tell you that we need to be honest about what legislation like this can—and cannot—accomplish. Legislation alone is not enough, and the families of those who have suffered from police violence do not need political rhetoric; they need real, actionable change.
The George Floyd Justice in Policing Act is an essential legislation that proposes significant reforms. It calls for measures like banning chokeholds, restricting the use of no-knock warrants, and increasing the transparency of police misconduct through a national database. It also seeks to address the issue of qualified immunity, which has long shielded officers from civil lawsuits in cases of excessive force.
The reality is that all politics is local, and for the George Floyd Act to bring about widespread, meaningful change, local governments—at the city, county, and state levels—must take the lead in implementing critical policy reforms, establishing civilian oversight mechanisms, and incorporating accountability measures in police contracts. Without strong local action, the bill’s impact will be fragmented, and true reform may remain elusive.
These are all necessary reforms that could meaningfully impact policing nationwide. However, activists and supporters of this bill must be transparent about its limitations. The constitutional structure of the United States, particularly the 10th Amendment, places strict limits on the federal government’s ability to enforce reforms at the local, county, and state levels. Local and state laws govern most policing, and the federal government cannot simply mandate changes for all law enforcement agencies nationwide.
The 10th Amendment: A Barrier to Nationwide Reform
The 10th Amendment of the U.S. Constitution plays a pivotal role in limiting the federal government’s ability to impose reforms on local police departments directly. The amendment reserves all powers not explicitly granted to the federal government to the states or the people, including the authority over public safety and policing. This division of power makes it constitutionally impossible for federal legislation like the George Floyd Act to directly enforce reforms in the over 18,000 local, county, and state police departments across the country.
As a result, the George Floyd Act applies only to federal law enforcement agencies such as the FBI or DEA and cannot mandate changes at the local level. This leaves the Act toothless for most city, county, and state law enforcement personnel. While the federal government can incentivize reform through conditional funding, the ultimate decision to adopt these reforms rests with state and local governments.
Advocates of the bill need to emphasize this limitation more clearly. While the Act sets important federal standards, the actual enforcement of reforms in local police departments will depend on state and municipal leaders choosing to adopt these standards through their own legislative processes.
Federal Influence: Incentives, Not Mandates
Since the federal government cannot directly impose reforms on state and local police departments, the George Floyd Act relies on conditional spending to encourage the adoption of its provisions. This strategy leverages federal funding—such as COPS grants and Byrne Justice Assistance Grants—to incentivize police departments to implement reforms, including:
- Banning chokeholds and carotid artery restraints.
- Implementing body cameras for officers.
- Restricting no-knock warrants in drug cases.
While this method gives the federal government some influence over local policing practices, it does not guarantee change. Local governments and police departments can only accept federal funding if they comply with the conditions, effectively bypassing the reforms. Departments may opt out of these grants in wealthier areas or states with solid political opposition to federal oversight, leaving significant gaps in the Act’s intended coverage.
This voluntary nature of compliance underscores the need for local governments to take proactive steps in implementing reforms. Federal funding can serve as a useful tool to encourage change. Still, without local action, the George Floyd Act’s impact will be uneven, and many of its provisions may not be adopted in jurisdictions that need them most.
Local Action is Critical: “All Politics is Local
The principle that “all politics is local” is especially true regarding police reform. While national legislation can set the stage for change, real progress must happen on the ground within the cities, counties, and states where police departments operate. The federal government’s inability to mandate reforms at the local level makes it even more vital that local and state governments embrace the responsibility of implementing policies that increase accountability, transparency, and community trust.
1. Policy Reforms at the Local and State Level:
Local governments must take the initiative to legislate reforms, such as banning chokeholds, implementing de-escalation training, and ensuring the use of body cameras. City councils and state legislatures play a pivotal role in setting these standards, which can be tailored to meet the specific needs of their communities. The federal government cannot effectively impose these policies but must be driven by local leaders who are closer to the concerns and realities of their residents.
2. Civilian Review Boards:
One of the most effective tools for increasing police accountability at the local level is the establishment of civilian complaint review boards (CCRBs). These independent bodies, comprised of community members, provide oversight of police misconduct investigations and can help restore public trust by ensuring that complaints are thoroughly and fairly investigated.
The George Floyd Act encourages the creation of CCRBs but cannot require them across the board. Local governments must pass ordinances establishing these boards and granting them the necessary powers, such as subpoena authority and investigative independence. Civilian oversight is critical to ensuring that police departments remain accountable to their communities, and local action is essential to making this a reality.
3. Accountability in Collective Bargaining Agreements:
Police unions play a significant role in shaping police departments’ internal policies, mainly through collective bargaining agreements (CBAs). These agreements often include provisions that can hinder accountability, such as lengthy appeals processes for disciplinary actions or restrictions on releasing officer misconduct records.
Local governments must renegotiate CBAs to include accountability measures that align with the goals of the George Floyd Act. These measures may include provisions that make it easier to discipline officers for misconduct, require transparency in disciplinary proceedings, and limit the protections that shield officers from facing consequences for excessive use of force or other misconduct. Reforming these agreements is a local issue, and city and county officials must work with unions to prioritize community safety and accountability over institutional protections.
Importance of Local Leadership
Local leadership is paramount for the George Floyd Act to bring about meaningful and lasting change. Federal legislation can only go so far; the real impact will be determined by how willing local governments are to adopt, implement, and enforce the reforms proposed in the bill. In many cases, the success of these reforms will hinge on local elected officials, from mayors and city councils to county commissioners and state legislators, taking bold steps to prioritize **police accountability and public safety**.
If local politicians genuinely support oversight and accountability, they will legislate Civilian Complaint Review Boards (CCRBs) and include accountability measures in collective bargaining agreements with Police Benevolent Associations (PBAs). However, legislative action alone is insufficient.
Community involvement is crucial for meaningful reform. Grassroots organizations, civic leaders, and local advocacy groups must actively hold their governments accountable, ensuring that reforms are passed and effectively enforced. This multifaceted approach includes pushing for greater transparency in police department operations and advocating for the establishment of independent oversight bodies like CCRBs. It also involves demanding reforms to collective bargaining agreements prioritizing public trust over protecting officers accused of misconduct.
Engaged citizens should organize community forums to discuss policing issues and proposed reforms, monitor the implementation of new policies and procedures, and encourage diverse community representation in police hiring and training processes. Furthermore, fostering ongoing dialogue between law enforcement agencies and the communities they serve is essential. This can help build mutual understanding, address concerns proactively, and develop collaborative solutions to public safety challenges.
Ultimately, creating a more accountable and transparent policing system requires a sustained effort from elected officials and engaged citizens. By working together, communities can help shape law enforcement practices that uphold justice, respect civil rights, and maintain public safety for all residents. This collaborative approach ensures that reforms are not just words on paper but tangible changes that improve the relationship between law enforcement and the communities they are sworn to protect and serve.
[…] while the plan proposes police reform, The George Floyd Justice in Policing Act has constitutional limitations that prevent the federal government from directly […]