Spectre was moved to write me after I posted this egregious judicial blow that is hobbling this great nation. He writes:
You are so right.
One recent case has escaped close scrutiny; one that is breathtaking in its holding and implications.
This is the lawsuit involving the City of Farmer's Branch, Texas (here.)
You may remember that they adopted a local ordinance in an attempt to get some control over the issues many cities were suffering as a result of illegal immigration.
The Plaintiffs in the case argued that the ordinance was illegal:"Arguing that the Ordinance creates classifications and procedures that are inconsistent with
federal law, Plaintiffs contend that it is an impermissible “regulation of immigration,” and that it is
preempted under the doctrines of field and conflict preemption, as more fully discussed below. (doc.
102, p. 14; doc. 97, p. 15). In contrast, the City argues that the Ordinance is not preempted because
it merely adopts federal standards, and contends that a presumption against preemption should
protect the Ordinance from pre-enforcement invalidation. (doc. 114, pp. 2-3)."
The essence of that argument is that only the federal government has the power to protect people and property on the topic of illegal immigration.
The Court's ruling:"The Court concludes that the Ordinance, in addition to constituting a prohibited regulation
of immigration, is preempted by the INA, which provides the exclusive means for removing aliens
or adjudicating their status for that purpose. 8 U.S.C. § 1229a(a)(3). A local regulation may not
– though it may share a common goal with federal law – interfere with Congress’s chosen methods."
The implications of this ruling are staggering. Cities and states are not allowed to attempt to even try to protect their citizens if the federal government has the authority to perform that function.
We have a situation here where the chosen method of Congress is to do nothing to protect the people of the United States. And this court has just ruled that if the federal government decides to allow crimes against US citizens to go unchecked, cities and states are powerless to protect themselves.
I can tell you right now that this was not the intention of our founding fathers. The federal government has the obligation to provide for the common defense, and that commitment was the mortar that binds the states to their union.
We now have a situation where the federal government is not only failing to honor its end of the bargain in getting an agreement from the states to cede some of their original sovereign authority to a central government, we now have a situation where that same federal government has ruled that states are powerless to step into the breach and protect themselves. As sheep right before the slaughter. Quite the judicial Trojan Horse.
We now have no collective right to self defense, and it may not be soon where one's individual "right" to self defense may soon be "preempted" in the name of federal sovereignty.
