Posted on 07/27/2007 7:56:19 AM PDT by Congressman Billybob
This is a simple question. Everyone should know the answer. It goes to the heart of the American experiment in self-government. In the Declaration of Independence, Thomas Jefferson wrote that “just” government rests on “the consent of the governed.” The Constitution put that in writing, in law. But recently, two federal judges have decided that they should run America, not the people.
Federal judges are, of course, not elected and serve for life. The idea that they should decide public issues rather than officials elected for that purpose is an attack on the basis of American government. And yet it happens. Cases in point: Hazleton, Pennsylvania, and Framers Branch, Texas.
In both cities, with the overwhelming support of their citizens, the Mayor and City Councils passed ordinances to discourage local landlords from renting to illegal aliens, and local businesses from hiring illegal aliens. Neither city took on the role of determining who was illegal. Instead, both cities (in different ways) accepted federal definitions of who was an illegal alien.
The federal judge who ruled against Hazleton wrote that local ordinances like this are "preempted by federal law." This is a false conclusion, since the ordinances merely accepted and used the existing federal definitions of who is an illegal alien.
The judge sought to salvage himself from reversal by adding dicta, saying that even if the City's ordinances were not preempted, they violated "the constitutional rights" that the plaintiffs' have "whether they were legal residents or not." This is flatly contrary to prior decisions of the Supreme Court.
The driving force behind the appeal of this case, and an appeal of a similar decision by another federal judge against ordinances of Farmers Branch, Texas, will be future harm to American citizens who live in those towns. There will be more rapes, robberies, assaults and murders of citizens by illegal aliens. There will be more injuries, damage and deaths from illegal aliens driving without licenses, without insurance, and sometimes while drunk.
The citizens of those, and other towns, which are being overwhelmed by illegal aliens, will rightfully blame this death and destruction on the federal judges who have, so far, stripped the local governments of the power to protect their own citizens. And, protecting the citizens is the first duty of all elected officials, everywhere.
In the meantime, the same dynamic will play out in New Haven, Conn. That City started this week issuing special City IDs to illegal aliens, there. These and all other "sanctuary cities" will attract even more illegal aliens. The deaths, injuries and damage, and health, welfare and education costs, inflicted by illegal aliens in these cities should and will be blamed on those local officials.
The death rate of Americans from all illegal activities of illegal aliens has consistently been higher than the death rate of Americans in Iraq and all other places around the globe where American servicemen and women "go in harm's way." Local media, who report on local matters, are beginning to catch up with this deadly reality. All Americans are in harms’ way, not just the military.
This is not a civics test in the 11th grade asking “Who’s in charge of America?” These are real decisions, by real judges, which will lead to real deaths of real citizens. These two decisions by arrogant federal judges should be reversed on appeal. Furthermore, people who are concerned about the cost and damages from illegal aliens should push the candidates for President to answer two questions:
“Who’s in charge of America?” And – “Would you appoint federal judges who would steal the right of self-government from cities, states, and the Congress of the United States?”
For more than two decades I have preached the doctrine, like a voice crying in the wilderness, that the judicial appointments of a President may be more important than anything else that he or she does. That’s because judges last for life, whereas Presidents are gone in eight years, maximum. Now, citizens of the US are beginning to see the point. Ever since the Kelo case (where the Supreme Court ruled 5-4 that government can take your house to give your property to another private owner), citizens have been outraged about Court arrogance, and Court disregard of the Constitution.
The Hazleton and Framers Branch court decisions are two more examples of such anti-constitutional thinking. All candidates for President should be asked whether they approve of these decisions. That’s a quick way to assess whether they think citizens and elected officials, or unelected judges, should be in charge in America.
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About the Author: John Armor practiced in the US Supreme Court for 33 years. John_Armor@aya.yale.edu He lives in the 11th District of North Carolina.
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As usual, big government takes on a responsibility to do a job and protect the people and they fail to deliver the services they promise.
So the ultimate responsibility has to be taken by people central to the root of the problem, the American community and their local government.
And big government says hands off. We will do the job. Give us more time and more money. Do not interfere with our arrogance.
I think it is time overdue for Americans to start being arrogant towards our government. The resistance is showing up and congress is getting a little nervous. But they still are arrogant and we need to take them down. The business of our nation should not be trusted to a bunch of lazy, whining snobs.
Any “Comprehensive Immigration Bill” fails to address the dilemma we face. Immigration is the orderly acceptance and assimilation of non-native persons wishing to become citizens of the host nation. Immigration is not the issue, INVASION is. We are facing an invasion by peoples, self-righteous and arrogant in their criminality, wishing to re-conquer territories and treasure lost in previous wars. Tragically, this invasion also provides cover for those wishing to infiltrate our shores to commit holy war upon us.
The President and Congress tell us that they do not have the tools to deal with illegal immigration. Maybe so, but since the ratification of the Constitution over 200 years ago, the federal government has had the tools and the Constitutional obligation to deal with an invasion (Art. IV, Sec IV).
We cannot address a problem that we won’t properly define. The media obfuscates by referring to the invaders as “undocumented workers” or “immigrants.” Let’s drop the pretence. A rose by any other name would smell as sweet and an invasion by any other name likewise smells.
Thank you!! You are exactly 3/4 correct. The commies are all ready elected and it couldn't be any worse.
Most of what passes for "Political Discourse" (including this board) is a dumb-show for the benefit the great unwashed. Who would seriously consider the relative advantages of the banker-pig masters as compared to the commie-pig masters or vice versa?
The new boss will be the exactly the same as the old boss. They are, in fact, the same people.
ping
But this is worse than a passive bureaucratic failure. This is a branch of the government, the judiciary, actively preventing people from protecting themselves.
You know it, and I know it.
Do you live on this planet?
You are correct?
Carolyn
The reality is the people have the power, not them, they are nothing but the boogie man deJour. If people really wanted something done about illegal immigration (for example), they could do it. People could buy up all the land along the border and build their own walls. People could refuse to purchase any produce picked by illegals, stay in hotels cleaned by illegals, or hire a lawn services that use illegals.. but we don’t... why, because we are told someone else is controlling this situation and/or we aren’t willing to pay the price.. but the fact is, if it wasn’t equitable for illegals to come here, we wouldn’t be having any of these conversations about amnesty.
If there is any conspiracy of control, it is a conspiracy to make people think they are being controlled, and therefore helpless to make changes > so you just go along with the flow.
Do you honestly think that 1% of people could really control 99% of the people? The only hope they have is to make the 99% believe that there is a big shadow of control hanging over them...
And that's Farmers' Branch, not Framers' Branch.
Thanks.
And I repeat, do you live on this planet?
Yes. Tearing us down so they can prop us back up into their own corporate UN vision of what America should be like.
I can’t wait for the 08 elections. The people want change and the people are going to make some wholesale changes that take us back to the basics. The people have been ignored long enough.
I’ve enough trouble being in charge of my bladder, so no, it’s not me!
Speaking of federal judges, Proposition 187 in California, a people's initiative to limit taxpayer-paid services to illegal aliens, was axed by such a judge. Instead of rising up and raising hell, Californians allowed the judge to legislate from the bench. No one stood up for "the consent of the governed."
In fact, the notion that the people really run the country is now considered to be old-fashioned and obsolete by our elites. Many politicians also know they can get away with almost anything because "the people" are too damned lazy, uninformed and, lately, fearful of the political overclass to do anything about it.
Amen!
If you look at the composition of the executive, legislative and judidical, it becomes very clear. Lawyers are in charge of America.
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