- Law Cases
by Don Hank
(Sept. 25, 2010) — I recently published a column on the gradual seizure of ranches in Arizona by Mexican cartels with the tacit consent of the current administration.
I need to clarify that any person in a position such that he/she can be reasonably expected to be protecting US assets (US president, Homeland Security Chief, Border Patrol chief, etc) and who refuses to protect said assets is on a par with — but in fact is more culpable than — the actual perpetrators (in this case, the cartels, Mexican criminals and other invaders) of the harm to the assets.
This means that these people are liable and must be brought to justice as soon as possible.
Obama and his administration have made it clear that they not only will not meaningfully defend our borders and perform a modicum of their duties to protect American lives and assets (see the definition of security in the above-linked column). They have in fact clearly sided with the criminals, aiding and abetting them in harming a state and its citizens. Suing the state of AZ for protecting borders that can be expected to be protected by the federal government and is their duty to protect under the Constitution, is nothing short of treachery.
Here are the parts of the Constitution that are being directly violated – first an Article that applies indirectly, then an Article that applies directly:
“Art. IV, Section 3: ….The Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the US; and nothing in this Constitution shall be so construed as to Prejudice any claims of the US or of any particular State.”
The Obama administration has “construed” the Constitution “so as to prejudice the claims of” a “particular State” (AZ). That is a flagrant violation of the Constitution.
Further, and more directly:
It the administration has violated Section 4 of Art. IV, which clearly states:
“The United States shall guarantee to every state in this Union a Republican form of government and shall protect each of them against Invasion….”
There is no wiggle room here for the Executive. Obama and the agencies subordinate to him must protect the states against invasion and they are failing to do so, in flagrant violation of Constitutional Article IV. In fact, they are illegally suing AZ under color of law in an attempt to cover their tracks.
This passive refusal to protect a state and the pro-active frivolous and malicious lawsuit against AZ for attempting to defend itself amount to one of the grounds for impeachment explicitly enumerated under Article II, Section 4, because the inaction on the one hand and the active step on the other hand are quite simply treason. There can be no other word for it.
It does not matter what the Supreme Court says. Each state has the right to decide whether the government has denied them aid.
Regardless of this, it is time for the states to defend themselves against all blatant violations of their Constitutional rights, whether these violations be perpetrated by the Executive or a higher court, including the SC.
When a higher court violates the Constitution, it is up to the people (on the state level first) to assert their rights and just say no — as Sheriff Joe Arpaio has done, BTW, in refusing to provide documents improperly requested by the feds.
Arpaio is in his right under the 10th Amendment, which states:
“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.”
The Constitution does not grant to the federal government the right to interfere with law enforcement activities on the State level.
Nor did AZ, according to this same Amendment, have to accept the intervention of the higher court to hamstring their immigration law. They chose to do so. It needs to be recognized, in this regard, that Jan Brewer is willing to defend AZ only in part, but not in whole. She is behaving first as a politician and, as a distant second, as a defender of her State and its Constitutional rights.
Her endorsement of John McCain is evidence that she is only willing to half-heartedly defend her people.
The fact that the people chose McCain in the primary election is evidence that they are willing to allow the tail to wag the dog.
They have not fully grasped the Tea Party principles and the significance of the Constitution.
And there is one salient reason for this: Neither Brewer nor the people have actually read the Constitution she is sworn to uphold.
Nothing significant will happen until the Articles mentioned above are read and understood by a majority of the people.
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