Posted on 10/04/2016 7:40:09 AM PDT by tekrat
Before he was Donald Trump's vice-presidential pick, Indiana Gov. Mike Pence (R) took a politically popular, if legally questionable, stand: There would be no Syrian refugees resettled in his state, not after the attacks in Paris last fall carried out in part by Islamist terrorists who masqueraded as Syrian migrants.
On the day before the vice-presidential debate, his biggest moment as Trump's running mate, Pence's stand on Syrian refugees received a likely fatal blow: A federal appeals court ruled Monday that Pence has no legal authority to stop the resettlement of these refugees in Indiana.
(Excerpt) Read more at washingtonpost.com ...
Maybe the terrorists will live around those damned judges!!
Lost the fight but won the war. Pence will increase his popularity because of it. No doubt he will be asked about it during the debates. He can then explain how dangerous it is to take in unvettable refugees from terrorist countries and how the federal government is exceeding its authority forcing state taxpayers to pick up the costs and the risks
You are some sick pup.
Just the 3 judge panel.
Appeal to en banc.
Tie it up for another 108 days.
How can this hurt Pence? I hope it DOES come up tonight.
This “loss” will play right into his and Trump’s hands - the current government and crooked federal Judges think they have the power to force terrorists among the People.
People aren't stupid (except for the most rabid hillarista zombies). Voters get it that it's about the courts destroying our nation.
This ruling wasn’t aimed at just Pence and the state of Indiana.
This ruling affects the governors of ALL the states that don’t want Syrian refugees, including Greg Abbott of Texas.
I wish these governors would just tell the feds to screw off, and refuse to take the Syrian muzzies anyway.
Civil Wars have started for less.
Article V
The Federal Government has no authority to resettle anyone anywhere.
Thats the bottom line.
First, regardless what state sovereignty-ignoring activist federal judges are saying about the states and refugees, a previous generation of state sovereignty-respecting Supreme Court justices had clarified, in wide language, that powers that the states havent delegated to the feds, expressly via the Constitution, are prohibited to the feds.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
And regardless of politically correct interpretations of the Uniform Rule of Naturalization clause, interpretations wrongly use to argue that the feds have the constitutional authority to regulate immigration, please consider the following.
Both Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had indicated, in terms of the 10th Amendment nonetheless, that the states have never expressly constitutionally delegated to the corrupt feds the specific power to regulate immigration.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
First, from the writings of Jefferson
4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, the act of the Congress of the United States, passed on the day of July, 1798, intituled An Act concerning aliens, which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added]. Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.
And here is the related excerpt from the writings of James Madison in Virginia Resolutions.
"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...
the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. James Madison, Draft of the Virginia Resolutions - December 1798.
i think that Trump is probably already aware that he has his work cut out for him with respect to politically forcing the unconstitutionally big federal government back into its constitutional, Article I, Section 8-limited power cage.
Seems like it will help him more than hurt,elect Trump to deny them coming period
“The Federal Government has no authority to resettle anyone anywhere.”
And why can’t Pence or any governor put any immigrant sent to them by the feds on a bus or plane to some other state like New York.
I remember Hawaii sending its shiftless to California and vice versa. Just keep them moving.
Yup! Simply track the transportation, surround it, and escort them to the border.
Some thirty years ago, Scotus shot down a CA law that denied public services, including schools, to illegals.
The return of Free Government demands clipping the wings of Scotus, which can only happen if the states reassert themselves through an Article V convention.
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