Of course, it’s easy for the NY Times to say, since Sanctuary State NY is not a border state
Fight Over Texas Law Underscores a Battle of America vs. Its States
The face-off between Texas and the federal government over whether the state can enforce its own immigration policy reflects a broader and recurring feature of American politics: a number of hot-button issues have become proxy battles over who gets to decide.
During the Trump administration, Democratic-run states like California and blue cities like New York waged legal fights over their right to pass sanctuary laws to protect migrants. Now, the conflict over whether Texas can arrest and deport migrants is just one part of a larger campaign that red states have directed at the Biden administration. (snip)
The balance of power between the national government and states has been a source of tensions in the United States since its founding, leading to the Civil War. But in the 21st century, as partisan polarization has intensified, it has morphed into a new dynamic, with states controlled by the party opposed to the president regularly testing the boundaries.
Two points. First, there would be no need for Texas to do anything if the federal government was performing their job as designated by the US Constitution, repel invasion (Article I, Section 8, paragraph 15). They also are given the power to determine Naturalization laws. However, however, other than “repel invasion”, the Constitution does not specially delegate all powers exclusively to the federal government. It’s more like power sharing with the States at that point. And each state has the authority under the 10th Amendment to protect its borders and its citizens. If the Congress wants to pass a law restricting States, well, they can try. It might not last.
Sanctuary jurisdictions do violate federal law in as they look to protect those unlawfully present in the U.S. Many laws are violated.
Second, states should test the power of the federal government, since Los Federales have assumed way too much power, power they do not have the authorization to take. Look, if California wants to ban fossil fueled vehicles and do single payer healthcare, have at it. That’s their right under the 10th Amendment. And if citizens do not like that, they can move to another state and still be in America.
The political issues run the gamut — and include topics like abortion, gun control, same-sex marriage and even marijuana legalization — but the larger pattern is clear: Whenever one party wins control of the central government, the other party uses its control of various states to try to resist national policies.
“We’re seeing stuff we’ve never seen in the modern era,” said Heather K. Gerken, the dean of Yale Law School who has written about contemporary federalism. “It’s really stunning what kind of proxy war is taking place. It’s all because the vicious partisanship that has long been a feature of Washington has now filtered down to the states.”
States should be doing this all the time. The feds have too much power, too much dominance, too much interference. They take too much in taxation, and spend too much. They are often failing at their core duties as laid out in Article I, Section 8. If the proper power shifted back to the states and The People (remember, the 10th says ““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.”“) a lot of the issues would trend much lower, since people would be paying attention more to their state government, rather than the feds. And then state officials would have their feet held to the fire much more.
A clause in the Constitution says that federal statutes are supreme, and the traditional understanding is that where federal and state law conflict, federal law prevails. At the same time, the Constitution only grants certain powers to the federal government and reserves the rest to states. In practice, the powers of both levels often overlap.
I’m shocked the NY Times noted this reality. So, let’s repeal the 17th Amendment so that Senators are appointed by the state legislatures, and would then vote the way those legislatures want, rather than beholden to their nation parties and rich folks/companies in other states. They would represent the will of their states. Term limits for the House (4 terms, cannot run in any other district or state again). Restrict campaign donations to no more than 2% from outside of a district, that 2% is based on how much was spent the previous election cycle. That would be for starters.
We agree! America is hopelessly divided and the inevitable civil war would be too costly in terms of blood, treasure and security. Unfortunately, it’s clearly time for the peaceful dissolution of these United States of America and convert to the American Union, a collection of independent countries like the EU – a loose confederacy of states with their own constitutions.
States could consolidate if they wished, e.g., Mississippi, Louisiana, Alabama and Arkansas could merge. California, Oregon, Nevada and Washington. The boundaries draw themselves!! Pennsylvania could split up into West and East PA based on ideology.
Texas could shut their border to Mexico and California could open theirs. Texas could ban abortion, California could kill babies ad libitum. Florida could leave NATO. WV could mine coal once again and sell it to China and other nations in the AU. Mississippi could discriminate against stupid and lazy persons. Each state capital would now be their national Capital, managing their own taxes, resources, immigration, economies and debts, defense, borders, prisons, elections (or none) etc. DC could still exist as the AU Capital but with no real power, only as the seat of the AU. NO EPA, FBI, NASA, NOAA, NIH, CDC, IRS, SEC, CIA, DOE, NSF, HUD, DOT, FEC, Social Security, Medicare, Medicaid, Army, Navy, USMC… no powerful federal government at all!!
The AU might prefer some general requirements regarding mutual trade, state to state travel and immigration, defense, pollution, currencies and borders.
It’s Dissolution Time!!
In case you missed it the first time, chubby.
So Rimjob will you ever get it?
Teach’s Lil Lapdoggie is such a pedantophile!!
You keep describing yourself.
Why, fatso?
Just like any typical Democrat.
Prepared to burn his own country to the ground to ensure he rules over the ashes.
Oh BroJo,
It’s the MAGAts calling for a “bloodbath” if their MAGAt King loses another election.
The nuCons demand “states’ rights” or else. You’ve lied about abortion, now planning a national ban!
We’ve learned not to trust MAGAts, but it’s gratifying you still believe there’s hope for America.
If Dems win the House, Senate and White House will you still feel that way??
More pedantic outrage by the fat one.
Nope. Didn’t happen. Nobody’s calling for any sort of “bloodbath,” you lying shithead.
A financial one is being predicted.
If the Dems “win” the House, Senate, and White House, the following things will be undeniably true:
(1) Either
(a) the ballot boxes are permanently corrupted and cannot be trusted at all any longer or
(b) the American people themselves are too corrupted, lazy, infiltrated with foreigners, and ignorant to ever claim their liberties again.
and
(2) Washington will double down on fascism. Not the boogy-man kind of nonsense that you useless asswipes bitch and wail about — the real thing. As in, “everything within the state, nothing outside the state, and nothing against the state.”
It’s your money being devalued too, you mouthy twat. Your hatred makes you very, very stupid.
Brother,
You are wasting your time engaging with him. He never admits he was wrong, no matter how many times you point it out. I doubt he really has any hatred. This is the only thing he lives for now. Whatever the talking points are today is what he will write. He never questions them or disagrees.
Brother,
Jeff does not desire to exchange intellectual comments. His only purpose in commenting is to gaslight and get you upset. It is hard to believe that someone can be so hateful as to come here night and day just to get people mad. On top of that, rather than do his work at his business, a corporation on the stock exchange, he sat here and toyed with everyone, in my opinion.
david, You’re rubbing together your last two withered neurons.
Perfesser Hale, formerly reasonable and sane, has lost his grip on reality. He knows what Trump is but can’t reverse course. You never admit when another is right!
BroJo, Fat Donnie tried to cover up his BS by claiming unless we put a 100% tariff on Chinese cars (a stupid idea anyway) we’ll have an economic “bloodbath”. But Fat Donnie himself said that was just the least of it, you shithead. You know and we know what his message really was.
Again, you ignorant twat, you claim if Dems win it’s a fraud, and the end of our democratic republic. Fat Donnie has brainwashed you. Will you lock and load to save America?
The MAGAtonians recognize how flawed Fat Donnie is, as a man, a husband, a candidate and as a president. And you’re panicked. He’s backed you into a corner.
And the fib about the Dems enacting a fascist state… Will you lock and load to save America?
More and more pedantry all the time.
Simmer down, fat boy.
Teach seems to have forgotten that the rich blue states pay more to the Feds while the poor red states are the ones taking more than they give. LOL If we had a blue Trump he would be saying no more voting in Congress until you pay your bills.
How often do we hear “thank you” from them ?
Teach the USA has signed treaties concerning refugees seeking asylum. Treaties have the force of Federal legislation, and that trumps state laws.
“The Legal Responsibility of the United States Towards Asylum seekers”
Csmny.org
in 1968 The Senate voted to ratify that treaty 98-0
None of these people are “seeking asylum.” You’re full of shit and just repeating nonsense. If states are forbidden from defending their own citizens against a foreign invasion because of legalistic bullshit like you keep coughing up, we don’t have a republic. Is that what you want?
Why do you constantly demean the working man in the red states while exalting the rich Democrats and communists in the blue states? Do you have a natural hatred toward the working man? Or are you just in love with the democrat/commie millionaires and billionaires who are currently raping our country?
You keep talking about the vest difference between rich and poor in America and yet you seem to only care about the rich and you downgrade and look down your nose at everybody else. The red states have human beings in A2 you know or don’t you care about them because they don’t vote the way you do?
It’s really amazing to see the things you write and realize the deep hate and prejudice you hold for half of America. You’re one of the biggest bigots here.
You do realize in those rich blue states that you keep talking about are more homeless people than the red have, more people living on the streets, more people addicted to drugs you have more crime. Just because blue areas don’t report the crime doesn’t mean they don’t have the crime. Yes we do realize that you guys cheat and don’t report crimes how’s that grabbed you? You think it’s a secret? Places like Massachusetts and New York don’t report half the crimes they have because they’re all sanctuaries they don’t think it’s necessary.
Teach’s Lil Lapdog discovered itself a new word!! What a pedantophile!
So cute! Such a lonely lil puppy!
And Rimjob keeps on a shittin’ the pedantry.
Do you feel comfortable with that smell, fat boy?
Bwaha! Lolgfy