The ‘rule of law’ must always prevail
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John L. Kyff, Jr.
Published: March 6, 2008
Citing "the rule of law," there are some people of the opinion that the federal government's immigration policy and law enforcement efforts have failed.
Therefore, state and local governments must step in and locally enforce federal immigration laws and enact new ones.
There are a number of areas under Article 1 Section 8 of the U.S. Constitution besides immigration (Clause 4) that are the exclusive domain of the federal government.
For example, among them Congress has the exclusive authority to lay and collect import duties and provide for the common defense and general welfare of the United States (Clause 1); to coin money and regulate the value thereof (Clause 5); to declare war (Clause 11); to raise and support armies (Clause 12) and to provide and maintain a navy (Clause 13).
Let's say Virginia and Culpeper residents disagree with U.S. foreign policy, are of the opinion that Mexico presents a danger to them and, therefore, since the federal government won't, Virginia should declare war on Mexico.
Richmond enacts laws taxing foreign imports to finance raising and supporting an army and navy and, that accomplished, declares war on Mexico.
Meanwhile, West Virginia does likewise, declaring war on Canada, and citing Mafia problems, New York declares war on Italy.
Many Italians living in New Jersey feel threatened, so New Jersey allies itself with Italy and declares war on New York.
Texas, citing long-standing jealousies about size, declares war on Alaska.
California, concerned about the falling value of the U.S. dollar, decides to mint its own money.
Arizona, Utah and Florida follow suit. But San Francisco, Phoenix, Miami and Salt Lake City don't like the new money and so begin minting their own.
Constitutionalists observe and warn that this is the antithesis of the "rule of law" leading to anarchy, but mobs shout them down.
The United States descends into anarchy and ceases to exist, torn apart from within; all because some people didn't understand and respect the U.S. Constitution, what "the rule of law" means and the obligations it imposes on U.S. citizens.
To remain a nation, we can not "cherry pick" the U.S. Constitution no matter what our individual or collective beliefs may be.
It's all or nothing.
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