straightUp wrote:
Well, based on what I know about you so far, I hope to continue "disappointing" you. ;) Sorry, mac - being a bigot just isn't my thing.
You do have a flowering way in stating your position..
The DOJ does have a case against California, and California does have a good defense against the DOJ. The DOJ will argue that there’s a little thing called the Supremacy Clause in the US Constitution, and that when the federal government decides to set a policy, any state policy that directly violates that federal directive is invalid. And the DOJ will argue that it is well within the purview of the federal government to set and enforce our nation’s immigration laws.. The question~whether the federal government can mandate states and localities to comply with federal immigration policy.??
Cali will raise state sovereignty,” and that too has power in this area. ...California will argue that its laws are not in direct conflict with federal immigration law and that the federal government cannot force the state into becoming a local arm of federal law enforcement...
in Arizona v. United States, that ruling held that three provisions of Arizona state law creating new criminal laws aimed at undocumented persons violated the Supremacy Clause of the US Constitution, which makes federal laws preeminent over state laws... This case is slightly different in presentation of issues but it basically asks if the State pre emps the federal government laws...
Generally speaking, the 10th Amendment prohibits the federal government from compelling states to enact or administer a federal regulatory program... This case will likely head to the Supreme Court, and it’s difficult to predict what they will do, but I believe California has a better chance of prevailing than Arizona did....In essence cali doesnt have to do anything to help the feds, they just can not impede them either..Nor hide behind a figure speech called Sanctuary status.. The States can not stop the federal employee from anything they chose to do in collecting the illegals and funds can be withheld from the feds when the state refuses to assist and those funds would be used to aid illegals..
The American system of federalism divides sovereignty between federal and state governments. The 10th Amendment reflects that unique constitutional structure.... As such, the federal government cannot “commandeer” state law enforcement or legislatures to execute a federal regulatory program....
Basically, the federal government is free to incentivize California’s cooperation by means of its spending power, but it cannot conscript Californian officials to become federal immigration enforcement officers....
Sooooo, there you have it.....just opinion but what I believe to be the course this litigation will ultimately come down to...