What You Need to Know About the Legal Feasibility of a Mayor Mamdani’s Proposals

As Zohran Mamdani campaigns for mayor, his controversial proposals reveal a pattern of ideas that may not stand up to legal scrutiny. His plans include arresting foreign leaders like Israeli Prime Minister Benjamin Netanyahu based on International Criminal Court warrants, which conflicts with U.S. law since the U.S. is not a member of the ICC and is protected by statutes like the American Servicemembers’ Protection Act.

Similarly, Mamdani’s idea to “shift the tax burden” from outer boroughs to wealthier, predominantly white neighborhoods raises constitutional concerns under the 14th Amendment and civil rights law, which prohibit race-based taxation.

He also advocates seizing property from landlords who do not cooperate with his administration through a process he likens to health inspections. While increasing fines could theoretically lead to foreclosure, the city can only recoup fines and cannot claim ownership of private property—an action protected against unconstitutional takings by the Fifth and Fourteenth Amendments.

Moreover, Mamdani’s campaign seems to overlook these legal constraints, raising questions about his understanding of the law. His proposals suggest a disregard for established legal principles and constitutional protections.

Ultimately, implementing such ideas would require a solid legal basis—something Mamdani has not demonstrated. For a candidate aiming to enact wide-ranging changes, understanding the limits set by law is essential. Otherwise, these plans risk being unfeasible and unconstitutional.

Susan Greene is a partner at Holzman Vogel, focusing on constitutional law and commercial litigation, emphasizing the importance of legal feasibility in policy proposals.