Posted on 03/15/2017 6:52:48 AM PDT by Olog-hai
The State of Tennessee filed a lawsuit on March 13, becoming the first state in the nation to sue the federal government over refugee resettlement on the grounds of the U.S. Constitution’s 10th Amendment, The Tennessean reported.
Tennessee argues that the federal government has forced the states to pay for the refugee resettlement program, thereby violating the 10th Amendment, which says the federal government possesses only the powers granted to it by the U.S. Constitution and that all other powers are reserved for the states. While other states have sued the federal government over refugee resettlement, this lawsuit is the first on these legal grounds.
Filed on behalf of several state lawmakers, the lawsuit names the U.S. Department of State, Secretary of State Rex Tillerson, the Bureau of Population, Refugees and Migration, the U.S. Department of Health and Human Services, and the Office of Refugee Resettlement as defendants.
The state requests the court to forbid the federal government from resettling refugees in Tennessee until the federal government covers all costs associated with the settlement. …
(Excerpt) Read more at cnsnews.com ...
Why not? It’s a far more valid suit than some of these bogus claims from the states on Trump’s EO.
I was waiting for a 10th Amendment lawsuit on those grounds. I’m betting that this one will go all the way to the SCOTUS...
Good for us !!!
Anything other than “costs” would be “bigoted” and “unconstitutional” etc...
Oh and “un-American” and “that’s not us”
we cant forget those...
I am not of any cases regarding the 10th amendment and winning? I thought the Commercial Clause was more popular. Good luck 👍
That’s nice, but either result means the “refugees” stay put and other states pay (never mind using more borrowed money) versus the state itself (which is bad enough of course). The part about the “refugees” not going anywhere is the most important one.
Wickard killed it. Raich desecrated the corpse.
Ah yes, the much-abused and unconstitutionally-used Commerce Clause. That’s a power given only to Congress and not any other branch of the federal government, too; but you’ll know a left-wing Congress when it acts like the Supreme Soviet by Politburo-izing the executive branch via enabling the establishment of executive “departments” to do what it is un-Constitutional for them to do.
On the website, the lawsuit is quoted as:
“This is a suit that seeks to preserve the constitutional relationship between the federal government and the states as mandated by our nation’s founders.”
On this premise, I concur.
Beautiful....thanks for the heads-up.
Tennessee is w-a-a-a-a-y ahead of the rest of the country.
Kudos for clear thinking.
The 10th Amendment has been dead for decades.
I sure do miss it.
So long as that premise is reinforced to the full and not merely made about costs. If the TN state government does insist on pushing the “refugees” on the state, then they don’t care as much about the Bill of Rights as they claim, especially the clause in the Tenth that states “or to the people”, whose rights no state has the right to usurp.
The 10th Amendment has been dead for decades.
Just because it has not been used does not make it dead.
You could have said the same about the First Amendment before 1921, or the Second Amendment before Heller in 2008.
Wait a minute... States don’t have the authority to define marriage, but they do have the authority to override federal policy on refugees?
It’s clearly a violation of the 10th!
Get Gorsuch on the bench and the ruling will be 5:4 in favor...unless Roberts is blackmailed again :-/
The bigger item than costs is the assertion that the 10th Amendment is valid and the Feds are overstepping.
States _must_ starting using the 10th; ALOT!!!!!! Please states, you are the only entities big enough with USConstitution enough to push DC back into limited government required by USConstitution.
“The state requests the court to forbid the federal government from resettling refugees in Tennessee until the federal government covers all costs associated with the settlement. …”
This could be a brilliant move for tandem action.
If successful, then that would toss the ball back into the lap of Fedzilla, where Trump could say “we don’t have the money to pay for resettlement for these ragheads; if they can’t stay in the Capitol building then we’ll have to send them all back to Krapistan.”
But Google, Microsoft and Apple say they would have to shut down their industries without Syrian, Iranian and Somalian refugees.
If the next Iphone or Mac is delayed, millennials will have a fit.
I’m all broke up about it, myself.
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