There was a story on Fox News this morning about the Mayor of Oakland, CA, have been given forward information about a raid being conducted by ICE over the weekend, tipped off residents that it was coming.
I am one of those who tend to shy away from the topic of immigration. I’ve made a few posts about it in the past, but it’s just not something that motivates me to activism. But even if I found it motivating, I think I would want to know where the lines are drawn as to keep myself out of trouble. Just so happens, the basic things I need to know are in my copy of the constitution (though for convenience, I often consult this web version instead).
The third power delegated to Congress in Article 1 is:
To establish an uniform Rule of Naturalization
And the last one:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Then there is this pesky clause in Article 6:
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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
From time to time I have also been a 10th’er believing that the 10 Amendment to the constitution means what it says: any powers not specifically delegated to the Federal government nor prohibited to the states are reserved to the 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.
So I can plainly see that immigration is a power of Congress, that it has the power to make public law in that area, and that all laws made regarding immigration are “the law of the land.” I wonder what is so hard to understand about resisting this in that way is the clearest form of sedition to be imagined. I am aware this may be calling the kettle black in some respects, but even this sort of boneheaded move is beyond me.
I forgot the Article 2 section that explains clearly who is responsible for executing the laws made by Congress, but you can probably get the idea that after having sworn an oath to protect and defend the Constitution of the United States, the President is clearly within his duty to shut that shit down.
It’s sort of interesting that since he is being nearly dared to push the issue by these seditious morons, Trump has seemed to keep his cool pretty well. And instead of calling out the military to deal with the problem, which I probably would have done already, he instead has simply threatened to pull ICE out of CA altogether. Though my guess is that he cannot legally choose to do that, it’s probably the better move politically. Admittedly, the military option is extreme, other options are to simply have the Oakland mayor arrested on sedition charges and put where she belongs.
If they don’t like the law, there is a process by which to have the law changed. They do not have the right to obstruct, especially elected officials who are also sworn by a similar oath.