Porter Rockwell
Gold Member
- Dec 14, 2018
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- #141
An honest question. I am no legal scholar, but since this is still a nation of laws, and NOBODY is above the laws (Look at the Trump Impeachment kerfuffle) then it begs the question. When local authorities give illegal aliens sanctuary from federal law without consent of the voter and ignore our wishes, doesn't that violate our compact with our elected government?
I can't imagine who it could be. Effectively what a "sanctuary city" is, is a location where people can violate law, and not be prosecuted for it. That seems like it is impossible.
What color is the sky in your universe, Andy?
Blue, because it's where the people not warped into a mythical socialist utopia live.
Well, I am sure that you don't live in my universe because "sanctuary cities" are not unconstitutional, or unlawful where I live, and though there are around 250 of them, no one has ever been arrested or convicted of anything illegal regarding their Sanctuary city status. Fortunately, in my universe, the constitution has not been shredded by the Right.
So let me see if I understand.
You are saying that we don't shred the constitution.... because it is legal..... to have city refuse to enforce the constitutional power given to the Federal Government..... which proves you don't shred the constitution.
Makes perfect sense. Glad you cleared that up for me.
You don't have to be right or left; conservative or liberal; Democrat or Republican to understand this:
1) Courts interpret the laws and they create what are known as precedents
2) A precedent is an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
3) In the 1990s local sheriffs refused to enforce gun control laws, specifically the Brady Bill. They refused to enforce federal laws because they felt they were unconstitutional. The case went before the United States Supreme Court where the high Court ruled:
The United States Supreme Court reasoned:
"The Court quoted Federalist No. 51’s argument that by giving voters control over dual sovereign governments "a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself."[11][12] The Court concluded that allowing the Federal government to draft the police officers of the 50 states into its service would increase its powers far beyond what the Constitution intends.
...The Government had argued that the anti-commandeering doctrine established in New York v. United States (1992), which held that Congress could not command state legislatures to either pass a law or take ownership of nuclear waste, did not apply to state officials.[6] Rejecting the Government's argument, the Court held that the Tenth Amendment categorically forbids the Federal Government from commanding state officials directly.[6] As such, the Brady Act's mandate on the Sheriffs to perform background checks was unconstitutional."
Printz v. United States - Wikipedia
When the constitutionality of sanctuary cities was challenged, all the lawyers had to do was invoke the holdings (that part where the high Court "HELD") that feds cannot command state officials to enforce federal laws. If you happen to own a gun and your sheriff some day refuses to confiscate it, using Printz as a defense, you can appreciate the law. THE FEDS CAN'T FORCE STATES TO COMPLY WITH FEDERAL LAW ENFORCEMENT. Thank you in advance. I not only donated money to advance that case, but shepardized cases for legal briefs in the early stages of that case.
Maybe this will explain it better:
Why Settled Precedent Prevents President Trump From Punishing Sanctuary Cities For Declining to Assist in Federal Immigration Policy
Now you know