By Douglas V. GibbsAuthor, Speaker, Instructor, Radio Host
A reader of Political Pistachio, and listener of Constitution Radio, sent an email about his frustrations regarding State officials who are acting unconstitutionally - specifically California, and the State's Sanctuary State Status policy.
Sent: Tuesday, December 26, 2017 9:15am
Subject: What can the federal government do here?
When it comes to law, the constitution and what the federal government can do when it comes to "rogue" governors, what can the president do when it comes to Governor Jerry Brown defying the federal government by pardoning felony convicted illegals to keep them from being deported? Is there anything?
Thanks for the answer on this in advance.
Blessings to you and yours
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Robert's frustration is that the State of California, as a Sanctuary State, is acting in defiance of the Supremacy Clause (In Article VI. of the U.S. Constitution), which disallows States from having laws contrary to constitutional U.S. laws.
First of all, we have to deal with the courts. Congress, using the exceptions clause in Article III, may use legislation to make null and void all of the court's unconstitutional rulings and opinions. I would love to see the federal marshal haul judges and State officials who violate the Constitution before Congress to explain their actions, but legally the States, or their elected officials, cannot be compelled by the federal government to carry out federal regulations or laws. However, if someone wishes to sue States, or State officials, for acting unconstitutionally, they can. I wouldn't hold my breath on that one, though. Remember, the federal government is not the ruler over the States, the States are the parents of the federal government. In other words, it is not for us and the States to serve the federal government, it is for the federal government to serve us. That said, the action of withholding federal funding to States is a reasonable action taken by the Trump administration. Constitutionally, those funds should not be transferred in the manner that they are, anyway. The whole direct taxation, and federal funding to States thing is outside the original intent, anyway.
Douglas V. Gibbs
Fellow, American Freedom Alliance
President, Constitution Association
Secretary, Birth Choice Centers, Inc.
Sentinel, Heritage Foundation
Senate District 28 Director, California Republican Assembly
Radio Host, KMET 1490-AM
Author, "25 Myths of the United States Constitution," "The Basic Constitution," "Concepts of the United States Constitution, and "Silenced Screams: Abortion in a Virtuous Society"