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Old 02-11-2020, 06:42 PM   #16
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Uh Baron, did you miss this part of the news story in the OP's link?
Speaking at the National Sheriff’s Association 2020 Winter Legislative and Technology Conference in Washington, D.C., Barr said the Justice Department would immediately file multiple lawsuits against sanctuary jurisdictions for unconstitutionally interfering with federal immigration enforcement, and implement unprecedented national reviews of left-wing sanctuary governments and prosecutors.
The DOJ isn't imposing their will on the States/Cities, they're taking them to court about their behavior.

Are you suggesting that the question regarding the Constitutionality of the federal laws in question will not be raised by the States/Cities in these cases?

Isn't that how questions regarding the Constitutionality of any issue is answered in the US? By the Judiciary?

As such, this case will have zero bearing on any State/Cities government's additional attempt to restrict 2nd Amendment rights, since those cases will be judged on their Constitutionality.
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Old 02-11-2020, 06:48 PM   #17
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2A renouncement will be the one issue that leads to civil war 2.0.
I agree.
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Who is this self-important instigating douche-bag, anyway?
Dude, Baron has been a valued member of this forum for quite some time.
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Old 02-11-2020, 06:55 PM   #18
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Originally Posted by O_P_T View Post
Uh Baron, did you miss this part of the news story in the OP's link?
Speaking at the National Sheriff’s Association 2020 Winter Legislative and Technology Conference in Washington, D.C., Barr said the Justice Department would immediately file multiple lawsuits against sanctuary jurisdictions for unconstitutionally interfering with federal immigration enforcement, and implement unprecedented national reviews of left-wing sanctuary governments and prosecutors.
The DOJ isn't imposing their will on the States/Cities, they're taking them to court about their behavior.

Are you suggesting that the question regarding the Constitutionality of the federal laws in question will not be raised by the States/Cities in these cases?

Isn't that how questions regarding the Constitutionality of any issue is answered in the US? By the Judiciary?

As such, this case will have zero bearing on any State/Cities government's additional attempt to restrict 2nd Amendment rights, since those cases will be judged on their Constitutionality.
I believe you are wrong. There will be states that refuse to comply with Federal Gun Control laws, and the government will bring all it's power to bear.

Furthermore...you can't judge how courts will rule, because the specifics matter. For example, when the Federal government restricted the speed limit to 55MPH...for which there is NO basis in the Constitution, it enforced it's will on resistant states with sanctions. Perfectly Constitutional, according to the courts.

When in doubt, the courts just defer to the Supremacy Clause and the Commerce Clause, not enumerated powers, and thus what is Constitutional is essentially whatever the government says is Constitutional. The only thing stopping Federal Power grabs is public outcry, which even that is insufficient in some cases, and Virginia is a great microcosm of that.
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Who is this self-important instigating douche-bag, anyway?
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Old 02-11-2020, 07:03 PM   #19
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Originally Posted by Baron Samedi View Post
I believe you are wrong. There will be states that refuse to comply with Federal Gun Control laws, and the government will bring all it's power to bear.

Furthermore...you can't judge how courts will rule, because the specifics matter. For example, when the Federal government restricted the speed limit to 55MPH...for which there is NO basis in the Constitution, it enforced it's will on resistant states with sanctions. Perfectly Constitutional, according to the courts.

When in doubt, the courts just defer to the Supremacy Clause and the Commerce Clause, not enumerated powers, and thus what is Constitutional is essentially whatever the government says is Constitutional. The only thing stopping Federal Power grabs is public outcry, which even that is insufficient in some cases, and Virginia is a great microcosm of that.
I was of the understanding that the 55 mph was imposed by tying it to Federal Highway money, a traditional method to dodge states rights.

https://www.theatlantic.com/politics...ostage/454167/

Cheers
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Old 02-11-2020, 07:07 PM   #20
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Originally Posted by BostonTim View Post
I was of the understanding that the 55 mph was imposed by tying it to Federal Highway money, a traditional method to dodge states rights.

https://www.theatlantic.com/politics...ostage/454167/

Cheers
That is my understanding as well, Tim.
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Old 02-11-2020, 07:18 PM   #21
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We have been told repeatedly over the past 3 years that "no one is above the law". So, I would assume that includes the people who don't want to comply with our immigration laws. Am I wrong?
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Old 02-11-2020, 07:32 PM   #22
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We have been told repeatedly over the past 3 years that "no one is above the law". So, I would assume that includes the people who don't want to comply with our immigration laws. Am I wrong?
Given Reality as our friends on the left perceive it, I'm just gonna treat that as a rhetorical Q.

Cheers
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Old 02-11-2020, 07:38 PM   #23
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I was of the understanding that the 55 mph was imposed by tying it to Federal Highway money, a traditional method to dodge states rights.

https://www.theatlantic.com/politics...ostage/454167/

Cheers
Correct.

So I would think that the actions taken by Barr in this case are preferable.

He's going to court to try and determine who's rights have the better legal standing.

I have no idea what the odds are for either side winning this case, but he's willing to let the Judiciary rule on the question as opposed to using $ to impose their will.

Of course, this approach is in contrast to the revocation of the Global Entry program to residents of New York.

NY allows illegal immigrants to obtain driver's licenses, but more to the point, prohibits providing most driver’s license information to DHS.

That information is used as part of the vetting process for obtaining Global Entry status.

Of course, the left has cried fowl on this, claiming it is retribution.

Perhaps, but if DHS is denied data that it normally uses to vet an individual, then one can also claim it is justified.
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Old 02-12-2020, 10:52 AM   #24
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Quote:
Originally Posted by BostonTim View Post
I was of the understanding that the 55 mph was imposed by tying it to Federal Highway money, a traditional method to dodge states rights.

https://www.theatlantic.com/politics...ostage/454167/

Cheers


Court upholds national highway speed limit Aug. 31, 1989

The Department of Transportation threatened to cut off Nevada's highway funding if it didn't drop the speed limit. The state complied, but sued, arguing, among other things, the agency's order violated constitutional limits on the federal government's power to force states to comply with national policies.

A federal trial court rejected Nevada's claim and the state appealed.

The appellate court noted that Nevada 'pegged its attack on the national speed limit on the wobbly legs of the coercion test.

'While we strongly doubt the vitality of that theory, we conclude that, alive or dead, it is of no consequence here,' the court said in an unsigned opinion.

The court said Congress may set a national speed limit under its authority to regulate interstate commerce.


https://www.upi.com/Archives/1989/08...1007620539200/

There was withholding of funds, but also an embargo on any contracts with the Department of Transportation, and so forth.

But..the key point is that, once again, as they always do, the courts rule that the Federal government has unlimited power, by virtue of the Commerce Clause and/or Supremacy Clause. There are no limits in reality, only in obscure academic theory.
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Who is this self-important instigating douche-bag, anyway?
Dude, Baron has been a valued member of this forum for quite some time.
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