January 24, 2024
Posted by: StargazerA5 at Wed Jan 24 22:31:14 2024 (r9lDC)
Yet we have a federal government that not only refuses to enforce border protection, but is involved in transporting illegal immigrants into the country! At this point, Biden et al are actually violating their oaths to the Constitution, but no one cares because Trump!.
I do not see any good way for getting out of this issue. The Supreme Court was right in their decision, but Texas has just told the court and the rest of the federal government to go pound sand. Federalizing the Texas National Guard, like some people suggested, will just lead to all sorts of different issues and that is not getting into the rank incompetents that now populate the military flag ranks.
Posted by: cxt217 at Thu Jan 25 17:30:38 2024 (ZLF73)
Posted by: Mauser at Thu Jan 25 23:57:29 2024 (nk1Z+)
This realization that the elites are about to lose a lot of the bargaining power they've had for the last few centuries is driving a significant chunk of their desperation.
Posted by: StargazerA5 at Fri Jan 26 08:59:02 2024 (EqqLc)
If only it was that simple. Sure, Texas cannot fashion or implement it's own border policy. It can't set up it's own border crossings, it can't set up an additional customs stations right behind the federal one and apply additional screening, etc. But it can certainly limit access to state property, and it can certainly defend itself using the state guard from invasion. Those are actually declared and delegated rights and permissions in the federal and state constitutions. The Constitution of the United States would not have been ratified if the states did not retain the right to defend themselves, and this is not speculation, there are actual essays, discussions, speeches etc on the topic in the Library of Congress and other places.
So, the Governor of Texas has looked at the fact that the Cartels, which are certainly an armed force of a foreign nation, are operating in the territory of Texas. The state of Texas can, and should, ask the Federal government for help in this matter, but it is not forced to subjugate itself to that response.
The State of Texas can also seek to control access to state property. There are of course places all over the country that are protected by fences and guards and it is a city, state, or federal offense to enter that property without proper permission. And again, this is state property and the federal government has no real say in the matter.
But expressing it actual legal terms, one of the central arguments will be made is the difference between law and policy. Federal law supersedes state law where they are in conflict. But does federal policy, which is just created by unelected administrators, supersede state law? In this case, the state and federal laws are actually in agreement. The feds are actually by law supposed to be detaining anyone not in the country with legal permission. But as a matter of policy, they are not doing so. If the state chooses to align itself with federal law, but not federal policy...
The problem here from a judicial perspective is that the designed resolution to this is that Biden should have been impeached and removed from office long since over this. It's not really a matter designed for the judicial branch to resolve.
Posted by: David Eastman at Fri Jan 26 13:45:15 2024 (R7Z4D)
71 queries taking 0.2043 seconds, 360 records returned.
Powered by Minx 1.1.6c-pink.