It’s in black and white and I’m sorry I can not make it any more plain and basic than this. I just can not make it any more simpler for you. Judges with a lot more law experience than you have already given their opinion on states rights when it conflicts with Federal Immigration Law. You don’t know more than these judges, and they don’t happen to agree with you. Sorry for your luck, Try another topic, maybe you’ll get somewhere.
Their opinion and $5.00 will get you a grande at Starbucks.
Here's the real problem. They can't enforce the laws without local help, and local help knows that they are having a harder time in the community if the community won't work with it.
When the Sanctuary City supporters went to court and won, they relied on a case for their precedent that I was active in supporting both with financial donations and donated legal research. Here is the
applicable ruling from the United States Court:
"T
he Court expressed a worry that Members of Congress might take credit for "solving" a problem with policies that impose all the financial and administrative burden, as well as the blame, on local officials.[10] 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 that each will be controlled by itself.”
[11] 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 Court identified an additional structural problem with commandeering the Sheriffs: it violated the constitutional separation of powers by robbing the President of the United States of his power to execute the laws; contradicting the "unitary executive theory". The Court explained
We have thus far discussed the effect that federal control of state officers would have upon the first element of the "double security" alluded to by Madison: the division of power between State and Federal Governments. It would also have an effect upon the second element: the separation and equilibration of powers between the three branches of the Federal Government itself. The Constitution does not leave to speculation who is to administer the laws enacted by Congress; the President, it says, "shall take Care that the Laws be faithfully executed," Art. II, §3, personally and through officers whom he appoints (save for such inferior officers as Congress may authorize to be appointed by the "Courts of Law" or by "the Heads of Departments" who with other presidential appointees), Art. II, §2. The Brady Act effectively transfers this responsibility to thousands of CLEOs in the 50 States, who are left to implement the program without meaningful Presidential control (if indeed meaningful Presidential control is possible without the power to appoint and remove). The insistence of the Framers upon unity in the Federal Executive—to insure both vigor and accountability—is well known.
See The Federalist No. 70 (A. Hamilton); 2 Documentary History of the Ratification of the Constitution 495 (M. Jensen ed. 1976) (statement of James Wilson); see also Calabresi & Prakash, The President's Power to Execute the Laws, 104 Yale L. J. 541 (1994). That unity would be shattered, and the power of the President would be subject to reduction, if Congress could act as effectively without the President as with him, by simply requiring state officers to execute its laws.
Finally, the Court applied its past jurisprudence.
[6] 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 Governments 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.
[6]
Justices O'Connor wrote a
concurring opinion, alone, highlighting that the Court's holding left local Chief Law Enforcement Officers free to voluntarily comply with the federal mandate..."
Printz v. United States,
521 U.S. 898 (1997)
Printz v. United States - Wikipedia
Add to that:
1) Early in this country's history, state immigration officials decided who came and went to do business -
which don't have spit to do with citizenship.
2) The only thing that changed there was that the United States Supreme Court
granted plenary powers over all aspects of "
immigration" to Congress
3) Passing through a state, doing business in a state, or visiting / touring is the state's prerogative no matter what any statute to the contrary says. It's simple reality. Passing through a state or being a guest there is
not related to the type of "
immigration" that Article 1 Section 8 of the Constitution is referring to
4) There is
NO provision for the United States Supreme Court to grant any power to any other branch of government; therefore, not only was the Court's ruling judicial activism, it is totally unenforceable. And the current ruling is the feds cannot force states to enforce federal statutory laws.
In short - the public cannot force states to do anything when the majority have declared their state to be a sanctuary. They don't have to arrest undocumented foreigners as it not a crime to be in the U.S. and the states don't have to enforce improper entry statutes in the USC. You should thank God we have a separation of powers - even when you don't feel like you benefited off it.
The ironic thing is, that guy calls himself shackles of big Government... He's calling for the ultimate
POLICE STATE so hes' advocating for bigger government; I'm urging people to support a smaller government.