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  1. #126

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    Quote Originally Posted by Shelby_ View Post
    The 10th Amendment provides that the federal government cannot force state and local agents and resources to enforce federal laws.
    The Tenth Amendment says no such thing. It 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."


    The Supremacy Clause might apply though. Also, causing people to rebel against the federal government is defined by the dictionary as 'sedition'.

  2. #127

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    Quote Originally Posted by oladub View Post
    The Tenth Amendment says no such thing. It 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."


    The Supremacy Clause might apply though. Also, causing people to rebel against the federal government is defined by the dictionary as 'sedition'.
    Look at Commandeering - since 1992, the SC ruled that, for instance, provisions of the Brady bill that forced local officials to perform background checks violated the Tenth Amendment.

  3. #128

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    Quote Originally Posted by archfan View Post
    Look at Commandeering - since 1992, the SC ruled that, for instance, provisions of the Brady bill that forced local officials to perform background checks violated the Tenth Amendment.
    "from the commandeering link - " Justice Sandra Day O'Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power [[e.g. by attaching conditions to the receipt of federal funds, see South Dakota v. Dole,) or through the commerce power [[by directly pre-empting state law). However, Congress cannot directly compel states to enforce federal regulations

    Interesting. Then the commandeering concept could or should also be applied by states and local governments being forced to provide social services to illegal aliens the federal government has allowed or brought in. From the definition, I'm wondering if states similarly have to enforce, for instance, civil rights laws, the ACA or any other federal laws without attached spending power conditions or directly compelling states to enforce federal regulations.

    The Mayor of Oakland announced federal immigration raids to warn illegal non-citizens of impending federal raids. Intentionally undermining federal laws is a different category than federal government compelling states to enforce federal regulations. What other criminal groups get help from state governments? In some cases, illegal non-citizen criminals have been released and committed additional crimes and endanger federal law enforcement personnel.

  4. #129

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    Quote Originally Posted by oladub View Post
    The Tenth Amendment says no such thing. It 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."


    The Supremacy Clause might apply though. Also, causing people to rebel against the federal government is defined by the dictionary as 'sedition'.
    No it doesn't literally say that, nevertheless that is what it has been interpreted to mean since James Madison introduced the anti-commandeering doctrine in federalist 46.

  5. #130

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    It gets complicated and no different then this discussion would have been back in the 1920s 1930s etc.

    The one thing that is guaranteed is by allowing the use of drivers license and providing the sanctuary the state will become a magnet because word travels fast in that arena.

    The facts and numbers are out there and the Michigan taxpayer will pay that bill upfront and foremost.

    The question then becomes,does the ends justify the means.

    Expensive lessons those social experiments have,who in history are the ones to bear the crutch of those failures?

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