Bill to punish lawless officials in sanctuary cities with fines and jail time


#376

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

“…secure the Blessings of Liberty to ourselves and our Posterity…” this does not deny that all people have natural rights but We the People are endeavoring to secure these rights for OURSELVES AND OUR POSTERITY. The rest of humanity is left to their own devices.

“…provide for the common defence…” This doesn’t mean that we must welcome 100,000 armed aliens approaching our border with respect and good faith since they are merely exercising their “natural right” to travel and bear arms.

You twist his words and in any event he didn’t manage to get this clause into the final draft of the Constitution.

WRONG. They came with the tacit permission of We the People through our government. There was no eternal commitment.

Your arguments continue to be beyond absurd. You still haven’t replied to my question about your being a Libertarian Anarchist. May I take your silence as consent?


#377

You have no right to travel upon my property without my permission, nor an unfettered right to enter upon the geographical location called the United States of America without first obtaining permission. Got it?

JWK


#378

It is painfully obvious that he doesn’t Get It.


#379

Jeff Sessions may grow a spine and arrest sanctuary city elected political hacks.

Also See: DOJ Considering Arresting Sanctuary City Politicians

January, 2018

”The Department of Justice is considering subjecting state and local officials to criminal charges if they implement or enforce so-called sanctuary policies that bar jurisdictions from cooperating with immigration authorities. Immigration advocates argue such a move would be illegal.”

The irrefutable fact is, federal law, 8 U.S.C. § 1373, prohibits any person, even elected political hacks such as New York City’s communist Mayor Bill de Blasio, California’s socialist Governor Jerry Brown, and even progressive Rahm Emanuel, mayor of Chicago, from prohibiting law enforcement officers from voluntarily cooperating with federal immigration law enforcement officers.

To confirm this fact see Judge Harry D. Leinenweber’s WRITTEN OPINION

“The constitutionality of Section 1373 has been challenged before. The Second Circuit in City of New York v. United States, 179 F.3d 29 (2d Cir. 1999), addressed a facial challenge to Section 1373 in similar circumstances. By executive order, New York City prohibited its employees from voluntarily providing federal immigration authorities with information concerning the immigration status of any alien. Id. at 31-32. The city sued the United States, challenging the constitutionality of Section 1373 under the Tenth Amendment.

Id. at 32.

The Second Circuit found that Section 1373 did not compel state or local governments to enact or administer any federal regulatory program or conscript local employees into its service, and therefore did not run afoul of the rules gleaned from the Supreme Court’s Printz and New York decisions. City of New York, 179 F.3d at 35. Rather, the court held that Section 1373 prohibits local governmental entities and officials only from directly restricting the voluntary exchange of immigration information with the INS. Ibid. The Court found that the Tenth Amendment, normally a shield from federal power, could not be turned into “a sword allowing states and localities to engage in passive resistance that frustrates federal programs.”

The irrefutable fact is, harboring illegal entrants is a criminal offense, which is exactly what elected political hacks in sanctuary cities/states are doing, and the law against harboring applies to “any person”! SEE: UNITED STATES v. ZHENG, United States Court of Appeals, Eleventh Circuit, 2002:

“In considering this appeal, we first examine the language of the statute at issue. “As with any question of statutory interpretation, we begin by examining the text of the statute to determine whether its meaning is clear.” Lewis v. Barnhart, 285 F.3d 1329, 1331 (11th Cir.2002); see also Merritt v. Dillard Paper Co., 120 F.3d 1181, 1185 (11th Cir.1997) (“In construing a statute we must begin, and often should end as well, with the language of the statute itself.”). The Appellees assert that the language of § 1324 restricts its application to individuals who are in the business of smuggling illegal aliens into the United States for employment or those who employ illegal aliens in “sweatshops.” We disagree. Section 1324 applies to “[a]ny person” who knowingly harbors an illegal alien. Although § 1324 and § 1324a appear to cover some of the same conduct, “the fact that Congress has enacted two sections encompassing similar conduct but prescribing different penalties does not compel a conclusion that one statute was meant to limit, repeal, or affect enforcement of the other.” United States v. Kim, 193 F.3d 567, 573 (2d Cir.1999). The Supreme Court has noted that statutes may “overlap” or enjoy a “partial redundancy,” United States v. Batchelder, 442 U.S. 114, 118, 99 S.Ct. 2198, 2201, 60 L.Ed.2d 755 (1979), and yet be “fully capable of coexisting.” Id. at 122, 99 S.Ct. at 2203. We agree with the Second Circuit’s analysis of §§ 1324 and 1324a that “nothing in the language of these two sections ․ preclude[s] their coexistence.” Kim, 193 F.3d at 573. The plain language of § 1324 does not limit its reach to certain specific individuals, and thus, the Government properly charged the Appellees with violating this statute.”

The irrefutable fact is, any public servant who has taken an oath to uphold the laws of the United States, who “conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection” can be prosecuted under 8 U.S. § 1324 (a)

It’s about time our Federal Department of Justice goes after public servants who flaunt the law and shield from detection illegal entrants who have turned American Citizens into tax slaves to pay for the economic needs of these law breakers.

JWK


American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of **** hole countries who invade America’s borders to give birth.


#380

ACLU falsely asserts no basis to prosecute sanctuary city leaders

See ACLU Comment on ICE Acting Director Remarks on Sanctuary Cities

“Homan’s statement ratchets up the intimidation tactics, but there’s no valid basis to prosecute any state or local official under federal criminal law for carrying out a sanctuary policy. And if the federal government targets state and local officials who have spoken out against the Trump administration’s extremist policies, there would be serious First Amendment problems as well.”

Speaking out against a law, and actually violating the law are two entirely different matters.

The fact is, sanctuary city leaders are in violation of the law if they prohibit local law enforcement officers from cooperating with federal immigration law enforcement officers. Additionally, any person, and this would include elected local leaders, who engages in harboring illegal entrants, are also in violation of criminal law.

The ACLU needs to stop giving out fake information which may very well land local political leaders in jail!

JWK


#381

We did though. So long as you behaved, we allowed people to come & go as they pleased. Fact.

It’s fact that we have had this experience, prospered from it, and that the man who framed our constitution embraced it.

It’s been a right, it works (just look at freer immigration places around the world), and our own Founding Ideology upholds it.

You can regulate it, you can ween out the criminals, but not block innocent people. That’s the difference.
If you’re trying to block innocent people, you’ve gone too far.


What’s in the border wall bill? No wall, but plenty of landmines and deceptions!
#382

Except, I was quoting Napolitano, who is a a textualist on the Constitution, and quite familiar with John Locke’s ideas on law.

It’s not that “I don’t get it”, it’s that, you never learned what our Founding Ideology was. He’s applying it, and you’re applying something else.

Something you’re using to reinterpret the Constitution into a grab bag to justify the powers you want. Textualism, the idea that you should apply the Constitution as it meant at the time it was written, calls foul on that.

BS. His report to the Virginia Assembly in 1800, criticizing the Alien & Sedition acts.

He makes a distinction between Alien Friends, and Alien enemies, the latter being citizens of a country we are at war with.

So long as Alien Friends come here willing to express obedience, they fall under municipal law (his claim), and are granted all of the protections the Constitution acknowledges.

And this is why appealing to “well other countries do it” is futile. We were as a nation designed to be different, from the start.


#383

Napolitano is a libertarian who ignores the most fundamental rule of constitutional construction which is adhering to the documented legislative intent of our Constitution which gives context to its text.

JWK

The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it.______HOME BLDG. & LOAN ASS’N v. BLAISDELL, 290 U.S. 398 (1934)


#384

No more catch and release in Florida, illegal entrants to be handed over to ICE

SEE ICE, 17 FL sheriffs announce new enforcement partnership

01/17/2018

”LARGO, Fl. – U.S. Immigration and Customs Enforcement (ICE) announced 17 Basic Ordering Agreements (BOA) with various Florida sheriffs that aim to prevent the release of criminal aliens back into the community. ICE places a high priority on enhancing public safety through the arrest and removal of criminal aliens from the United States. However, when an alien is arrested on a local criminal charge, all too often, they are subsequently released before ICE has the opportunity to pick them up from a local jail. ICE’s valued state and local law enforcement partners are being challenged in court for facilitating the secure and orderly custodial transfer of criminal aliens to ICE.”

The article also points out:

“Today’s announcement is about public safety – period. For years, sheriffs have had to choose between releasing criminal illegal aliens from their jails back into the community, or exposing themselves to potential civil liability. Both choices are unacceptable and that is why the Basic Ordering Agreement model being unveiled today is the linchpin in allowing us to faithfully execute our public safety duties,” said MCSA Treasurer and Pinellas County Sheriff Bob Gualtieri.”

Florida has one of the highest number of illegal entrants in the United States and it’s about time those who are caught breaking the law in Florida are handed over to ICE and then removed from our country!

JWK


American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of other countries who invade America’s borders to give birth.


#385

This is totally irrelevant. Did you miss the word “did”, It was a choice and not an eternal commitment.

I was unaware that there is such a thing as “our own Founding Ideology” the Constitution was a compact between States of varying cultural and economic interests. You can quote Madison and Napolitano all you want. What part of “secure the Blessings of Liberty to ourselves and our Posterity” do you not understand?

I haven’t read or researched the court decision on “right to travel” that you mentioned earlier but I’ll bet my last Bitcoin that it was referring to travel within the United States and is therefore totally irrelevant to the discussion at hand.


#386

What don’t you understand about the meaning of the above quote? Who are “ourselves”? Who are “our posterity?”


#387

Susanna, are you replying to me or Slim? I understand the quote perfectly well.


#388

Fifth Column open border crowds heads exploding over end to catch and release!

.

Our Fifth Column open border crowd’s heads are exploding over Florida and 16 other States putting an end to catch and release, and handing criminal aliens over to ICE.

SWEET. VERY, VERY SWEET!

JWK

American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of other countries who invade America’s borders to give birth.


#389

John Locke’s theories on Natural law, combined with Res publica.

The American experiment was explicitly ideological, because it was by this idea, that we replaced the need for a King to serve as a conduit to grow governing legitimacy.

The cornerstone of our Constiution was English Common law, and the cornerstone of English Common Law, as espoused by jurist William Blackstone (whose Commentaries were second only to the Bible in the crafting of our law), is Natural Law.

The pieces are all there Old Dog, the text of the Constitution, it’s verbiage, it’s background, the people who made up the influence behind it, and the people who wrote it.

It’s present in our current legal discussion, and it’s current among the jurists who are not living Constitutionalists.

So at some point, you’re just going to have to give up the ghost here, and admit that you’re interpreting the Constitution with ideas that weren’t around when it was made. Ideas that conflict with the ones that comprise it.

Ourselves refer to the opening statement, We the People.

And as we just went through, “the people” refers to more than just Americans.

So you’re not getting anywhere by rehashing this same point, with a different word. The Constitution, was meant for anyone who came here.

Natural Law, applies to anyone who is a human being. Otherwise, you are saying rights derive from Government.

If that’s your position, fine, but own up to it.


#390

There is no “documented legislative intent” that gives the Federal Government power over immigration. That power didn’t arrive until the 1880s. So Napolitano, who is a Textualist, remains correct.


#391

WRONG. It reads “We the People of the United States…” It does not read “We the people of planet Earth…” The high court agrees with me and not you.

And if they came here in violation of our laws they are entitled to due process before imprisonment and/or deportation.

Still patiently waiting for a clear concise of what you believe Natural Law and Natural Rights are.

Why don’t YOU own up to being some flavour of Libertarian Anarchist and don’t ask me to define that term; I find it one of the most bizarre ideologies in existence.


#392

Back. at. you. The court agreed with me, hence why even illegals get rights under the 5th amendment.

Legals, get everything. Which means we are obligated to treat them in good faith, and to let them in.

Regardless, no one gets to re-decide what the words mean 200 years after the fact. We know what the definitions are.

But instead of enlisting those, you’ve been substituting your own thoughts into this all along, because you didn’t know what the Founders thoughts were, and you didn’t go looking for it before I came along to show them to you.

The thoughts you are substituting for theirs are anachronistic, Hegelian-Nationalist ideas, that didn’t arise until the 1830s. Using those ideas to interpret the Constitution, only demonstrates how out of step with history that viewpoint is.

It’s like a liberal, pretending the Founders wrote “promote the general welfare” as an explicit endorsement of Universal healthcare. :vb-unhappy:

No conception Old Dog, No conception. That’s all either of those ideas would be to the Founders.


#393

Baloney! For starters, I suggest you see Article 1, Section 9, wherein Congress is in fact granted a power over migration. This of course indicates a regulatory power does exist in Congress’ hands over migration of persons which the States shall think proper to admit.

In regard to legislative intent, the very purpose of our Founders granting a power to Congress to establish a uniform rule of naturalization was to prevent states from indiscriminately granting citizenship to foreigners who may then be forced upon other states. This is verified by the following documentation taken from the debates dealing with our nation’s first Rule of Naturalization, Feb. 3rd, 1790

REPRESENTATIVE SHERMAN, who attended the Constitutional Convention which framed our Constitution points to the intentions for which a power over naturalization was granted to Congress. He says: “that Congress should have the power of naturalization, in order to prevent particular States receiving citizens, and forcing them upon others who would not have received them in any other manner. It was therefore meant to guard against an improper mode of naturalization, rather than foreigners should be received upon easier terms than those adopted by the several States.” see CONGRESSIONAL DEBATES, Rule of Naturalization, Feb. 3rd, 1790 PAGE 1148

Our lawless government officials in California are inviting aliens to come to their state where they are given all kinds of ID which is then used by these aliens in other states who are literally forced to accept these unwanted aliens.

The fact is, Napolitano ignores legislative intent to advance his absurd libertarian beliefs.

Additionally, our federal government is charged with protecting our borders from invasions. Do I have to teach you everything?

JWK

American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of other countries who invade America’s borders to give birth.


#394

BS. No “innocent people” sneak across our borders in order to take advantage of our generosity or overstay their tourism visas because they realize that our way of life is superior to that from which they came.


#395

BS. “We the people” refers to the people of the United States…period. It does NOT mean every human being on the planet which would have been literally INSANE, even in the 18th Century.