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 ...
Sorry, this uncle sam is tapped out.
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....
Has a case, not good enough. Filed a case means something. Unless these States get off their collective as@es nothing good can happen.
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.
I’d like to add that the States need to quit sucking at the teat of the Feds, also...
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."
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.
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 . . .
For when you have had enough of "those people".
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.
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.
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
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.
If those illegal POS’s hate the U.S. so much, why are they still here?
Take the secession. It is worth more than Yankee Dollars!
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!
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