Posts Tagged ‘open borders’

The relationship between the States and the Federal Government today is vastly different from the relationship created by the Constitution.  The relationship has been completely turned on its head.  Today the States are mere administrative districts, almost completely subservient to a tyrannical and consolidated National Government. The relationship actually created by the Constitution is a loose republic of mostly independent States tied together by a weak Federal Government. 

The States transferred only a tiny fraction of their government powers to the Federal Government, while retaining the vast majority of possible powers.  This is enshrined in the Tenth Amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article1 Section 8 is a complete list, or enumeration, of the powers transferred to the Federal Government by the States.  Article 1 Section 10 is a complete list of all powers prohibited to the States.

For over a hundred years the Federal Government has operated under three delusions.  The first delusion being that all federal laws, executive orders, and Supreme Court decisions are the Supreme Law of the Land.  Second, only the Supreme Court can judge whether a law is constitutional or not.  Lastly, the Federal Government has complete control of the States. 

As you can see from Article 6 Section 2 of the Constitution, only laws pertaining to enumerated powers are the Supreme Law of the Land.

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.

 Supreme Court decisions are most definitely not the Supreme Law of the Land because they are not listed in the Supremacy Clause.  They are only the opinions of Supreme Court Justices, who are too often partisan hacks.

As you can see from this passage from the Kentucky Resolutions, written by Thomas Jefferson, the Supreme Court is not the final arbiter of all things constitutional; and the Federal Government does not have complete control over the States:

1. _Resolved_, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

Also from the Kentucky Resolutions it is clear that the States can easily set aside, or nullify, all unconstitutional federal laws:

8th. _Resolved_…that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited,

The disgraceful Supreme Court decision discussed in this article, ‘Conservative’ Supreme Court justices side with leftists to keep the border open – American Thinker, is a perfect example of everything wrong with the Federal Government.

Article 4 Section 4 of the Constitution states quite clearly that the Federal Government is constitutionally bound to protect all States from the invasion at the southern border.

The United States shall guarantee to every state in this union, a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.

From Article 1 Section 8 Clause 1, you can see that the Federal Government is responsible for the common defense of the United States, not the internal defense of the individual States.

1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States:

Texas has every constitutional right to defend itself.  So far Governor Abbott is doing the right thing by nullifying this atrocious decision: HOLDING THE LINE: More Razor Wire is Going Up in Eagle Pass, Texas [SEE IT] (hannity.com)

After all the stories about trouble at TSA checkpoints what’s the one thing that the Obama Administration could do to annoy people more? Barbara Espinosa has the answer:

As violent drug cartels take over Mexico and expand their criminal enterprises north, the United States has signed a “trusted traveler” agreement that allows pre-screened Mexican airline passengers to bypass lengthy airport security checkpoints.

The foreigners will get “trusted traveler cards” with fingerprints and other biometric data and they must answer customs declarations questions on touch-screen kiosks before leaving airport inspection areas. Homeland Security Secretary Janet Napolitano claims it’s a way to enhance information sharing and mutual security in the face of “ever-evolving, multinational threats.”
About 84 million Mexicans are expected to qualify for the trusted traveler program, according to Mexico’s Interior Ministry Secretary, who signed the agreement on behalf of his country this week.

I’m sure that this is going to go over really well with the traveling public. In terms of PR the only thing more foolish the administration could do is to assign police to escort people crossing the border illegally…oh wait:

While Napolitano was in Mexico finalizing the trusted traveler agreement this week, she also took the opportunity to sign a “letter of intent” to develop a plan for protecting immigrants from criminal attacks as they cross the border—illegally—into the U.S.

Yes you read that right.

Now common decency says you don’t stand by while people are attacked or robbed but common sense also says that once you save people from attack, if they were in the process of committing a federal offense you arrest them!.

Our grandparents of the greatest generation and before would be looking at us and shaking their heads.

BTW don’t miss Barbara on KFNX 1100 Mondays 8-9 PM Arizona time.