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The Democrats are suddenly States' Rights fans when it comes to the illegal alien issue, despite the fact that this time, on this issue, the federal government has authority. In other words, States' Rights doesn't apply when it comes to Sanctuary Status.
Immigration is a concurrent issue, meaning that the States and the federal government both have authorities regarding the issue, but they are slightly different from each other.
Federal Government:
- Article I, Section 8 authorizes federal government to establish a uniform rule of naturalization.
- Article I, Section 9 authorizes federal government to pass legislation to prohibit persons from migrating into the country.
- Article IV, Section 4 authorizes the federal government to secure the border to protect the States from unwanted encroachment.
State Government:
- Prior to the writing of the Constitution the States had original authority over all issues. The States retain those authorities unless the item is authorized to the federal government, or prohibited to the States (10th Amendment). Therefore, State authorities may include, but are not limited to:
- State law enforcement may take into custody illegal aliens, and communicate with federal personnel regarding the action, because the illegal aliens are federal fugitives who have escaped into State jurisdiction.
- States may pass immigration laws that are identical to federal law, or less severe.
- States may use their militia to guard against illegal encroachment into their State at the federal border with another country, and may apprehend illegal aliens once they enter State jurisdiction.
Federal Supremacy:
- To operate in County or State jurisdiction, federal officers must receive approval of the lead law enforcement agency in that jurisdiction.
- However, legislation cannot be passed by the State that denies federal involvement in issues which have been authorized to the federal government, and laws of the United States exist regarding that issue.
- States may not pass legislation that is contrary to the original intent of the U.S. Constitution, contrary to constitutional federal law, or contrary to any treaty.
Normally, the federal government screams supremacy on every issue (thanks to judicial activism begun by John Marshall, carried by Joseph Story, and maintained largely by the progressives ever since). The judicial system has unlawfully established that "all federal law is supreme over all State or local laws", and that is simply not true. The correct statement, which is in line with Article VI's Supremacy Clause, is that "All U.S. law made in pursuance of the United States Constitution is the supreme law of the land, and no State may have laws contrary."
Therefore, States may have laws contrary to federal law if the federal law is on an issue not authorized to the federal government by the U.S. Constitution (like abortion, health care).
Federal Immigration Law is constitutional, as established above, however, therefore the States may not pass laws contrary to federal law on that issue.
Therefore, constitutionally, States may not pass laws of the following type:
- Sanctuary Status.
- Granting voting privileges to illegal aliens.
- Refusal to cooperate with federal agencies.
- Granting the privileges and immunities to illegal aliens normally only granted to citizens.
By refusing to cooperate with the federal government regarding federal law, the officials of the cities and States who are behind such action are:
- Harboring illegal aliens, and in fact could be harboring the enemy, and are in violation of U.S. Code, Sections 1324 and 1325, which addresses "concealing, harboring, or sheltering illegal aliens," as does the Immigration and Naturalization Act sections 274 and 275.
- Refusing to enforce immigration law places the federal government, and States that do the same, in violation of Article III, Section 3 by giving the enemy "aid and comfort" by allowing illegal entry into the United States, or "entry without inspection."
- Failure to enforce immigration law is against the law according to INA section 275, (8 USC Section 1324). Repeated illegal entry is a felony.
- Refusal to deport, or turn over to the federal government for deportation hearings, is in violation of U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part IV › § 1227 which establishes the classes of deportable aliens.
I am sure there are more federal laws being violated by State and city officials who are calling for a borderless America, but those are the primary, upfront, in your face, ones.
Now, with all of that in place, let's take a look at recent news.
According to Fox News, California Democrats are doing what they can to make sure illegal aliens have the ability to commit massive voter fraud in California by granting Drivers Licenses to illegal aliens and then either passing a new law automatically registering anyone with a Drivers License to vote, or including in the renewals registration forms for voting, regardless of who the driver is.
The voter rolls in California are already a mess. The State has been sued by the Election Integrity Project and Judicial Watch. The latter has reported that at least 3.5 million more people are on U.S. election rolls than are eligible to vote. California’s San Diego County has 138% registration over the number of eligible voters in the county. Los Angeles County’s 144% reveals that California may not truly be as blue as the fraud has convinced everyone of. There are 1,736,556 voters on the rolls above the number of those eligible to vote, in the State that now embraces illegal aliens and calls itself a Sanctuary State - which means that California law enforcement has been instructed not to cooperate with federal agencies regarding the immigration issue.
These AB60 Illegal Alien “federally-restricted” Drivers Licenses were never supposed to be used to vote or to board a plane, according to the Democrat authors of this bill. Yet, in 2015 it was reported that the TSA had decided to accept AB60 DL’s as acceptable identification to board a plane—in spite of the disclaimer on the front reading: “Federal limits apply.”
Meanwhile, back in the scheming world of Sacramento, if a signed voter registration card is sent in and the person who filled it out fails to affirm U.S. citizenship, the California Secretary of State is telling the county registrar of voters to “treat it as normal” and put it on the voter rolls - because, remember, they are in defiance-mode against the federal government. The California Secretary of State, and the Democrat legislators with their S.B. 54 law, are literally encouraging duly elected election officials to violate their oath of office and not only enable voter fraud, but they are actually encouraging it.
Of course, the leftist Democrats and their allies are speaking out of the other side of their mouths, at the same time, swearing up and down that allowing illegal aliens the opportunity to vote is not what they are up to.
While the Democrats call Voter ID a case of voter suppression, in truth, when it comes to the ballot box, that is the only way to really make sure that the fraud is under control. The problem is, some States are resisting the efforts to root out the fraud, and the Democrats are refusing to go with Voter ID!
The Democrats, after all, are out for votes, because they can't win with informed Americans voting, so they have to import votes . . . so to them, illegal aliens are nothing more than undocumented Democrats. Never mind that the Constitution requires that only citizens vote in American elections (Article IV. regarding privileges and immunities, and Amendments 15, 19, 24, and 26).
So, how is the Trump administration supposed to handle these renegade States? Should the Attorney General go after them for their blatant disregard for federal law and the Supremacy Clause?
I always cringe when the federal government attempts to exhibit authority over the States ... but in this instance, it might be warranted.
All the Democrats know is that they are getting nervous, because the supporters of their inane, unconstitutional, anti-American "no-borders" policy are getting restless, and are now even willing to beat down the doors of the Democrats.
-- Political Pistachio Conservative News and Commentary
Now, with all of that in place, let's take a look at recent news.
According to Fox News, California Democrats are doing what they can to make sure illegal aliens have the ability to commit massive voter fraud in California by granting Drivers Licenses to illegal aliens and then either passing a new law automatically registering anyone with a Drivers License to vote, or including in the renewals registration forms for voting, regardless of who the driver is.
The voter rolls in California are already a mess. The State has been sued by the Election Integrity Project and Judicial Watch. The latter has reported that at least 3.5 million more people are on U.S. election rolls than are eligible to vote. California’s San Diego County has 138% registration over the number of eligible voters in the county. Los Angeles County’s 144% reveals that California may not truly be as blue as the fraud has convinced everyone of. There are 1,736,556 voters on the rolls above the number of those eligible to vote, in the State that now embraces illegal aliens and calls itself a Sanctuary State - which means that California law enforcement has been instructed not to cooperate with federal agencies regarding the immigration issue.
California has since 2015 granted driver’s licenses to immigrants living illegally in the state. And an estimated 1 million of those immigrants are believed to have obtained a license by the end of last year. Under the new system, which begins April 1, anyone who already has a valid license and applies for renewal in person or by mail could potentially be added to the voter registration rolls by claiming they are legal. […]
The only way drivers who say they are legal won’t have their information sent to state voter rolls under the latest implementation of the California Motor Voter Act is if they opt out -- which opens the door to the potential of widespread voter fraud… TownhallSecretary of State spokesman Sam Mahood claims, “As is already required by federal law, anyone who registers to vote at the DMV must attest under penalty of perjury that they meet eligibility requirements — including citizenship. Moreover, under state law, the DMV is prohibited from sending to the Secretary of State any information from persons who apply for an AB60 California driver license.”
These AB60 Illegal Alien “federally-restricted” Drivers Licenses were never supposed to be used to vote or to board a plane, according to the Democrat authors of this bill. Yet, in 2015 it was reported that the TSA had decided to accept AB60 DL’s as acceptable identification to board a plane—in spite of the disclaimer on the front reading: “Federal limits apply.”
Meanwhile, back in the scheming world of Sacramento, if a signed voter registration card is sent in and the person who filled it out fails to affirm U.S. citizenship, the California Secretary of State is telling the county registrar of voters to “treat it as normal” and put it on the voter rolls - because, remember, they are in defiance-mode against the federal government. The California Secretary of State, and the Democrat legislators with their S.B. 54 law, are literally encouraging duly elected election officials to violate their oath of office and not only enable voter fraud, but they are actually encouraging it.
Of course, the leftist Democrats and their allies are speaking out of the other side of their mouths, at the same time, swearing up and down that allowing illegal aliens the opportunity to vote is not what they are up to.
While the Democrats call Voter ID a case of voter suppression, in truth, when it comes to the ballot box, that is the only way to really make sure that the fraud is under control. The problem is, some States are resisting the efforts to root out the fraud, and the Democrats are refusing to go with Voter ID!
The Democrats, after all, are out for votes, because they can't win with informed Americans voting, so they have to import votes . . . so to them, illegal aliens are nothing more than undocumented Democrats. Never mind that the Constitution requires that only citizens vote in American elections (Article IV. regarding privileges and immunities, and Amendments 15, 19, 24, and 26).
So, how is the Trump administration supposed to handle these renegade States? Should the Attorney General go after them for their blatant disregard for federal law and the Supremacy Clause?
I always cringe when the federal government attempts to exhibit authority over the States ... but in this instance, it might be warranted.
All the Democrats know is that they are getting nervous, because the supporters of their inane, unconstitutional, anti-American "no-borders" policy are getting restless, and are now even willing to beat down the doors of the Democrats.
-- Political Pistachio Conservative News and Commentary
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