Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Arizona Has A Case (Short Of Secession) For Billions In Damages From Uncle Sam
IBD Editorials ^ | August 3, | JOSEPH R. EVANNS AND EGON MITTELMANN

Posted on 08/03/2010 4:20:22 PM PDT by Kaslin

In federal lawsuits, defendants may answer litigation filed against them with a counterclaim against the plaintiff for damages or other relief.

The Constitution of the United States mandates at Article 4: "The United States shall guarantee to every state in this Union a republican form of government ... that the United States shall protect each of them (the states) against invasion and ... against domestic violence." (Emphasis added)

"Republican form of government" is defined as a republic that is a system of government in which the people hold sovereign power and elect representatives to exercise that power.

To "guarantee" means to warrant or undertake that something has happened or will happen. The term "invasion" is (regarding a country or territory ) a hostile incursion.

The term "shall" used in the third person singular denotes an imperative, without discretion or choice. Thus, the phrase "shall guarantee" leaves no wiggle room.

Remedies for breach of guarantee are damages (expenses incurred in repairing guaranteed product) or rescission (return of product for refund of purchase price — i.e., "money back" guarantee).

Recently, the federal government — the present regime in particular — has not only violated the guarantee of republican form of government and the pledge to protect Arizona from invasion and domestic violence, but has actively worked to achieve the exact opposite result.

By the federal government's determined resistance to enforcing existing federal law against illegal immigration and attempting to penalize Arizona for attempting to cope with illegal immigration on its own, the federal government has crassly flouted its obligation to guarantee a republican form of government for the state of Arizona.

(Excerpt) Read more at investors.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; US: Arizona
KEYWORDS: arizona; secession
Navigation: use the links below to view more comments.
first 1-2021-36 next last

1 posted on 08/03/2010 4:20:24 PM PDT by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

Sorry, this uncle sam is tapped out.


2 posted on 08/03/2010 4:24:09 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin
This desecration of our flag was on the main lawn directly in front of the Arizona Capital building on 7-31-2010....All caught on video.

I have heard these illegals and their Mexicans supporters sprayed painted, "Burn this racist city to the ground" and painted a toilet on Old Glory as they walked all over our flag....


3 posted on 08/03/2010 4:27:39 PM PDT by dragnet2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Has a case, not good enough. Filed a case means something. Unless these States get off their collective as@es nothing good can happen.


4 posted on 08/03/2010 4:32:24 PM PDT by Logical me
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Wonder if it is too late to file counter-claims? Including for a writ of mandamus?

How about Texas sue independently on this basis? How about all other like minded states?

It should be an open-and-shut case. Odumba of course would ignore it. And that would be a Constitutional Crisis or possibly impeachable offense of the first order.


5 posted on 08/03/2010 4:34:55 PM PDT by piytar (Those who never learned that peace and freedom are rare will be taught by reality.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Logical me
They guy has the right idea...take all the money from the feds except Defense..We send them the money and they send 50% back with strings attached
6 posted on 08/03/2010 4:37:27 PM PDT by Hojczyk
[ Post Reply | Private Reply | To 4 | View Replies]

To: Logical me

I’d like to add that the States need to quit sucking at the teat of the Feds, also...


7 posted on 08/03/2010 4:39:10 PM PDT by TomServo
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kaslin
Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

“State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority."

8 posted on 08/03/2010 4:39:53 PM PDT by whence911 (Here illegally? Go home. Get in line!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

The Federal Government is FAILING Arizona (and a HOST of other States) on this account. Certainly Arizona and these other States have a case short of Secession — but if they are not allowed to MAKE that case, Secession becomes an IMMEDIATE and NECESSARY consideration.


9 posted on 08/03/2010 4:50:53 PM PDT by patriot preacher (To be a good American Citizen and a Christian IS NOT a contradiction. (www.mygration.blogspot.com))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

After 70 years of governmental abuse, the first whiff of popular resistance began last year.

The long dormant, compliant, servile states are just now catching up and surprising the regime.

Hussein and his rats don’t see the coming revolt.

If only the courts . . .


10 posted on 08/03/2010 4:52:13 PM PDT by Jacquerie (Tyrants should fear for their personal safety.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin
Secession - The time has come, again©.

For when you have had enough of "those people".

11 posted on 08/03/2010 4:58:34 PM PDT by central_va (I won't be reconstructed, and I do not give a damn.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dragnet2

Well by golly and gee I think the guy in the oval office and his cronies were wringing their hands a while back about “not inciting muslims”. I think some illegals and illegal “sympathizers” are due for a lesson on what happens when you incite loyal American patriots by destroying our flag on our own soil. SCOTUS may say it is a right, but the guy at the other end of the fist/weapon in the punk’s face may not see it that way.


12 posted on 08/03/2010 5:06:29 PM PDT by lovesdogs
[ Post Reply | Private Reply | To 3 | View Replies]

To: lovesdogs
I think some illegals and illegal “sympathizers” are due for a lesson on what happens when you incite loyal American patriots by destroying our flag on our own soil.

Yeah...These SOBs are pushing the limits with their total disrespect...

Standing by watching America get gang raped by these people, is becoming very troublesome.

13 posted on 08/03/2010 5:16:58 PM PDT by dragnet2
[ Post Reply | Private Reply | To 12 | View Replies]

To: Kaslin
Given the fact that the Mexican government actually printed a booklet detailing the best ways to illegally enter and stay in the US, I think that a case could be made that this IS an invasion by an unfriendly, if not quite enemy, country.

And suit should be filed against the federal government for NOT going after "sanctuary cities," while going after AZ under equal protection under the law.

Mark

14 posted on 08/03/2010 5:19:45 PM PDT by MarkL (Do I really look like a guy with a plan?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MarkL; All
The America of our fathers would have considered this an act of war, but not the spineless DC squatter.

If Texas does not wake up soon, to stand along side of AZ as an example for the other states, this will go downhill very quickly. These unprincipled B***ards smell blood and sense our weakness.

15 posted on 08/03/2010 5:44:17 PM PDT by mstar
[ Post Reply | Private Reply | To 14 | View Replies]

To: dragnet2

If those illegal POS’s hate the U.S. so much, why are they still here?


16 posted on 08/03/2010 6:41:41 PM PDT by Dewey Revoltnow (Worst. Community. Organizer. Ever!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: mstar

SECESSION


17 posted on 08/03/2010 7:00:31 PM PDT by Soul Citizen
[ Post Reply | Private Reply | To 15 | View Replies]

To: Kaslin

Take the secession. It is worth more than Yankee Dollars!


18 posted on 08/03/2010 7:10:31 PM PDT by April Lexington (Study the constitution so you know what they are taking away!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lovesdogs
SOme are not too concerned about what 9 people who earn their living running around in black bathrobes think about things...
19 posted on 08/03/2010 7:16:54 PM PDT by April Lexington (Study the constitution so you know what they are taking away!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: MarkL
by an unfriendly, if not quite enemy, country.

It would be a real knee slapper if them Mexican folks woke up one morning to find the US Southern boarder now ran along Guatemala!

20 posted on 08/03/2010 7:18:50 PM PDT by April Lexington (Study the constitution so you know what they are taking away!)
[ Post Reply | Private Reply | To 14 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-36 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson