A: Federal law supersedes per Article VI:
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, anything in the Constitution or laws of any State to the contrary notwithstanding.So, when some local yokel says they won't enforce federal law, they are being an Unconstitutionalist.
I've asked this before Laci, If saying you aren't going to enforce a federal law is bad, what is it when some cities pass laws that order their police forces to not enforce federal immigration laws?
ReplyDeleteImmigration is specifically the duty of the federal government. One law supersedes the other (you DO know what that means, right) a bit like having the right of way in traffic on the highway.
DeleteCities not going after immigration law is about applying limited resources, and setting priorities, not only in law enforcement, but in prosecution, where the jurisdiction has to have standing in the courts to pursue it. It is on a par with not spending municipal funds on duties covered by the National Guard or the rest of the military, or the FBI, etc.
Sorry, but that was a relatively dumb question.
Delete"In 1989, San Francisco passed the "City and County of Refuge" Ordinance (also known as the Sanctuary Ordinance) which prohibits City employees from helping Immigration and Customs Enforcement (ICE) with immigration investigations or arrests unless such help is required by federal or state law or a warrant. The Ordinance is rooted in the Sanctuary Movement of the 1980's, when churches across the country provided refuge to Central Americans fleeing civil wars in their countries. In providing such assistance, faith communities were responding to the difficulties immigrants faced in obtaining refugee status from the U.S. government. Municipalities across the country followed suit by adopting sanctuary ordinances.
In recent years, the Sanctuary Movement has experienced a rebirth, as grassroots organizations, faith communities, and local government have stood firmly against repressive immigration proposals in Congress and immigration raids that separate families. In February 2007, Mayor Gavin Newsom reaffirmed San Francisco's commitment to immigrant communities by issuing an Executive Order that called on City departments to develop protocol and training on the Sanctuary Ordinance."
http://sfgsa.org/index.aspx?page=1067
This doesn't much sound like they are talking about setting priorities. Sounds more like they are taking what they believe to be a moral stand against federal law.
Federal law supercedes in specified areas, but not in everything. And such law must comply with the Constitution. If the law violates the Constitution, it is not a law.
ReplyDeleteHere we go again with the bad laws be damned nonsense.
DeleteI hope that was just a typo, Greg.
That's crap Camp. The only determinant of what is and is not Constitutional is the SCOTUS.
DeleteTherefore, until and unless the SCOTUS says so, law is law.
No, Mikeb, it wasn't. If a law violates the Constitution, it is no law. Remember how the State of California didn't defend Prop. 8? The governor knew in advance that it was a bad law.
Delete"If a law violates the Constitution, it is no law."
DeleteThe statement of one who doesn't understand how the law works.
That's Camp crap, not crap Camp.
DeleteGreg, the typo I meant was superCedes.
DeleteAh, good point, Mikeb. My fingers typed faster than my dictionary.
Delete" The only determinant of what is and is not Constitutional is the SCOTUS.
DeleteTherefore, until and unless the SCOTUS says so, law is law."
So you agree that currently the Second Amendment grants an individual right to own a gun correct?
Explain it to SS, he says no.
ReplyDeleteSo can we apply this to immigration, marijuana, gay marriage, lack of many federal gun bans?
ReplyDeleteMike Z
To a control freak, you're only allowed to be free in approved directions.
DeleteAnonymous - YES. Fortunately we no longer have a federal gay marriage ban. It's just a matter of time until we have our gun bans back that we need for the safety of the population.
DeleteCamp is an idiot, who makes up shit that only appeals to other idiots, but it keeps him happy. I suspect he also drools as he smiles over it.
Dog Gone, since you've decided to go down this road one more time, let's go all the way. You're nothing but a Mensa groupie. You're not bright enough yourself, but you like to hang out with people you think are intelligent, hoping some of it will rub off on you. You're eminently qualified to be a dog trainer, but while you brag about having taken this or that class, you have no identifiable degree and have done nothing but admire scholarship from afar.
DeleteBy contrast, I have my degrees, and I've used them to teach several thousand students how to write and how to analyze and appreciate literature over the course of fifteen years. I'm the editing director of a company going into publishing, and I've had two books and a number of poems and stories published.
But in case you're wondering, I don't need a groupie. Laci may keep you.
Yes, it has been proven by the facts that you teach the ranked dumbest students in the nation. Congratulations on your failure. How many books have you sold? Is that a company of one?
DeleteThe disparity in marijuana laws from state to state does not cause near the confusion that the disparity of gun laws does. We need to regularize the situation federally.
ReplyDeleteAgreed. New York, California, and the other evil states must be brought into compliance with the Constitution.
DeleteWell, so far they are in compliance. We'll see if the microstamping bill gets all the way to the Supremes.
DeleteNo, they are clearly violating the Constitution. It takes a lawyer of Laci's caliber to figure out how "shall not be infringed" means the government gets to infringe on rights.
DeleteYeah, a lawyer like Laci or one like Scalia.
DeleteI mean anyone who can't stand what a plain sentence declares about rights.
DeleteShall not be infringed means your right to buy and own a gun shall not be infringed. That does not include accessories, or dangerous behavior.
Delete