[Enlightened1]

Do the States really believe they could win in a Federal court????

Even if they did win in court... it still will not erase what has happened.

When the rule of law is cherry picked by those in charge, then we are heading down an extremely dangerous path.

I hope the States take this more serious, than going to a federal court.

[OneWingedShark]

CWII Spark — Because utterly denying state soverignty will go over so well. [/sarc]

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Do the States really believe they could win in a Federal court????

It would actually be very easy to do so, essentially causing the federal judge to crap his pants, if they did it a certain way:

1. Declare a state of invasion.
2. Because of #1, call up the National Guard to secure the border, with lethal force authorized. (Even encouraged.)
3. Because of #1, call up the unorganized militia to support/augment the NG in #2, this lends evidence to the enormity of the situation.
4. Demand that US Constitution, Art 4, Sec 4 be honored.
5. Use #1, #2, & #3 as evidence for the dire need of #4; this forces FedGov to do one of three things:
   1. Give Support
      This is by far the least likely to happen as it would be egg on the faces of the open borders bloc of political elite.
   2. [Attempt to] Do Nothing
      This is by far the most likely course of action, considering the above; however, the refusal to honor Art 4 sec 4 will further erode respect for Fedgov; it could also be used as a basis for charging federal agents/employees/politicians with Treason under the States's own Constitutions. [Most States have a Treason section defining Treason against the State.]
   3. Attack the State
      This can be done in the functions of any of the three branches; and no matter the avenue is Treason by the US Constitution:
      1. Judicial
         The courts declare the states have no authority to defend themselves — fits the definition of giving aid and comfort to the enemies of the states: IOW, definitionally Treason.
      2. Legislative
         Pass laws forbidding State Defense, Declare Peace, pass amnesty, cut National Guard funding, etc — also fits the definition of giving aid and comfort to the enemies of the several states; note as well that the legislature's immunity to arrest is not proof against Treason.
      3. Executive
         Moving against the States militarily, attempting [mass] arrests, attempting arrests of key people — all enemy action and fitting the definition of treason.
6. Because of the enormity of #5, federal judges would be wary of being caught in Treason charges either federal or state.
7. If a judge is not weary, he will add to the growing rejection of the federal government; if that happens then he loses his power and privileged status.

There you have it, in seven points, how this whole thing could be used to gut a huge portion of the federal government.