Posted on 12/04/2017 4:50:11 PM PST by tcrlaf
“In a sane world”
That ship already sailed, quite a while ago.
This is what should happen. but the republicans are such cowards they will never try to pass it.
They can’t even pass kate’s law in the senate.
Could THEY be thrown in prison? Just sayin’. Does this give precedent to the Feds have such powers over the individual states?
There fixed it................
“The Federal government cannot force local government officials to enforce federal law.”
That is an untrue statement!
What happens when state law conflicts with federal law? The answer relies on the doctrine known as federal preemption. The Supremacy Clause is a clause within Article VI of the U.S. Constitution which dictates that federal law is the “supreme law of the land.”
States can sue if they believe a Federal Law to be unconstitutional, but if the courts find the law to be constitutional the State must enforce it.
States rights are limited to anything not covered in the Constitution, so there goes your states rights argument, since immigration is covered in the Constitution.
So the states can choose which federal laws to enforce.
Thanks tcrlaf.
SLAP is about prosecuting State and local officials for obstructing Federal immigration laws. Those officials take an oath to uphold the laws and if they refuse to do so they should be prosecuted.
(This is maybe the first time I’ve disagreed with your views.)
[2] This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
[3] The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States
Can you please explain why this doesn’t apply.
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What is supreme is the Constitution, not the national government. And the Constitution does not require the states to police federal immigration law (see the 10th Amendment), although the states may not nullify or obstruct federal law.
Like it or not, [2] says
[2] This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land...
Emphasis mine, obviously, but still...
Maybe they can add a rider that says anyone protecting an illegal is subject to the same punishment the illegal is for the crimes committed - anything from fines/jail/deportation.....
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