Here’s How California’s Rebellion Could Lead To Dissolution Of The Union

The Revolutionary Act ^ | 03/12/18

[Salvavida]

Huh? I Marine Expeditionary Force is a killing machine. California has nothing in which to place it, or Camp Pendleton under siege.

There are few armies in the world that could accomplish that without succumbing to blunt force trauma.

[Political Junkie Too]

It is easy to empathize with the plight of Arizona being overrun by illegals crossing the Mexican border and the federal government’s refusal to enforce existing federal law — like, you know, what the president promises to do when he places his hand on the Bible and is sworn into office. But the Supreme Court ruled correctly in favor of the corrupt Holder DOJ in saying that border enforcement is a federal responsibility and a state may not do it. That was a Constitutionally correct ruling, not the political kind we get too much of in the Ninth Circuit Court.

Here is why I think this sentiment is wrong, and why I believe that the federal courts ruled incorrectly on Arizona's SB 1070.

8 U.S. Code § 1252c - Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

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§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

(a) In general Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—

(1) is an alien illegally present in the United States; and

(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.

(b) Cooperation The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.

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As I underlined, this section of federal code expressly authorizes states to pass laws to support § 1252c.

Obama's DoJ sued Arizona on the grounds that ONLY Congress has the authority to make immigration law. This is not entirely true; Congress has plenary power, but they can delegate that power, and § 1252c is where Congress explicitly gives states a limited power to make supporting law, which Arizona did.

The federal court ruling against Arizona SB 1070 further found that the President has a discretionary power to not enforce a federal law, and so Arizona encroached on that Presidential power by enacting its own law. I argue that not enforcing a federal law that grants a power to a state does not disqualify that state from enforcing that law itself, because the state got its authority from Congress, not the President.

In the case of § 1252c (a)(2), a state is limited to apprehending previously convicted felons who were deported and reentered, and only for as long as it takes federal law enforcement to verify and take custody of the individual. § 1252c (b) compels the Attorney General to make this information available to state and local officials. Furthermore, 8 U.S. Code § 1226 - Apprehension and detention of aliens (d) Identification of criminal aliens authorizes the Attorney General to devise and implement an information system.

I would argue that if the Department of Justice refuses to cooperate with a state via § 1252c (b), then the state is in its rights to hold the individual until such time as the Attorney General cooperates. A defiant Attorney General does not nullify a state's power to act under § 1252c (a).

Based on the above analysis, the question now is whether § 1252c (a) gives California the authority to pass a law FORBIDDING cooperation with federal immigration arrests?

-PJ

[Sam Gamgee]

I thought Gook referred to the Viet Cong? I know my wife hates it whenever I use the term, so it seems she is not the only one.

[ronnie raygun]

You need to make high profile arrests to get their attention then you prosecute and convict and they will all scatter

[WMarshal]

Cental_VA has never thought of a secession that he did’t like. If Calfoenia tries to leave the Union there will be war.

[WMarshal]

“
There are not enough soldiers to occupy Sacramento let alone the whole state.”

You don’t have to occupy cities, you just cordon off the roadsmane destroy whatever makes those cities livable: utility lines, power plants, sewage treatment plants, canals, cell towers, Internet data cables, cut off access to satellites, jam radio broadcasts, and blockade all fuel deliveries. Either they surrender the guilty or they starve. Nobody needs to go in the city to patrol it. .

[central_va]

If Calfoenia[sic] tries to leave the Union there will be war.

Fascist.

[WMarshal]

“Fascist”

Name calling like a good lefty are you now? You sir, are not worth my time. Please feel free to secede from Free Republic. You will then have more time to pursue your hobby; reading antebellum arguments for Southern secession while pleasuring yourself.

I hope an illegal alien gets squatter's rights on your property, breaks all of your tools, and knocks up your wife while demanding you pay for the delivery and for child support. Delusional ass.

[central_va]

If it talks like a fascist, posts like a fascist then it is a fascist.

[WMarshal]

“If it talks like a fascist, posts like a fascist then it is a fascist.”

Project much?

You suffer from fantasies of secession that have impaired your critical thinking. Using your logic every state that Mexico and the globalist can swamp with illegal aliens should be allowed to be peeled away to be transformed into third-world shitholes where the left feasts off the wealth and greatness that Americans built over centuries. Pathetic. You make the cheese-eating, surrender monkeys that infest France look like paragons or virtue with your apathy in response to the assaults on our country.

‘Tolerance And Apathy Are The Last Virtues Of A Dying Society’ - Aristotle

You reek of emasculation you virtue-signaling fool.