Unintended consequences - Arizona lawsuit
From
The Washington Times:
Obama lawsuit invites fortified state militia
Arizona has enacted a law that enables state and local police to support federal immigration enforcement, in a carefully circumscribed manner. This moderate statute is under vicious attack by the Obama administration and assorted amnesty advocates. Yet Arizona and her sister states in the Southwest could take dramatically stronger actions to bring order to the border. And they would have both history and the Constitution on their side.
History first. In 1916, criminal gangs rivaled the authority of the Mexican government. Led by Pancho Villa, they launched attacks against Americans on both sides of the border. Following a bloody raid that killed American soldiers and civilians in New Mexico, President Woodrow Wilson dispatched 15,000 state militia to the border and sent Gen. John J. "Black Jack" Pershing and thousands more soldiers into Mexico after Villa and his bandits. Once Pershing's force clashed with the Mexican army, Wilson ordered another 75,000 National Guardsmen to the border region. Supported by an enraged American citizenry, Wilson reacted swiftly and with substantial force to secure our southern border and drive out what was, in effect, a marauding army of Mexican invaders.
Today, armed drug cartels openly challenge the Mexican government. Deadly battles occur frequently in Mexico, where more than 6,500 people were killed by cartel forces last year and more than 5,000 have been killed so far this year. Paramilitary bands have entered the United States illegally and set up sentry and command posts. Federal authorities have actually ceded control of public land in Arizona to these invaders. Cartels claim openly that Mexico's border with the United States has been moved northward to Interstate 8. Federal officials have even advised the public to avoid the Sonoran Desert National Monument, which is not on the border; it's 35 miles southwest of Phoenix.
This is interesting. President Wilson would have felt right at home in the Obama White House as he was very much a proponent of 'Progressive' large government and entitlement spending --but-- let some Mexicans get a little aggressive and he opens a can of whoop-ass on them. Liberal politician with a good pair of military and protectionist stones. We need more people like him if we are going to be stuck with a Progressive government.
And Pershing was the perfect choice -- the story of what he did with the 'moslem threat' in the Philippines is wonderful -- shut them down for 100 years.
A bit more:
Pinal County Sheriff Paul Babeu reports that attacks on police and American citizens have increased in the past several months, saying, "It is literally out of control." Mitch Ellis, federal manager of the Buenos Aires National Wildlife Refuge in southern Arizona, warns that the area is "increasingly violent" because of "smugglers and border bandits." The police chief of Nogales, Ariz., has received threats that cartels may use snipers positioned just across the border to target law enforcement personnel in the U.S.
Of course, this is not just about trafficking in drugs and illegals. According to reports, "hundreds of Somalis" with ties to "terror cells" have infiltrated the United States from Mexico. Al Qaeda, Hezbollah and kindred groups are all reported to be actively moving their members across the border. Trust me, these folks are not entering the United States illegally in order to get work in your neighbor's backyard.
And the unintended consequences? Read your Constitution -- it's all in there:
The Constitution is informative here. In Article IV, Section 4, the federal government is required to "protect each [state] against Invasion; and [on request of the state government] against domestic Violence." As St. George Tucker noted, this provision guards against "the possibility of an undue partiality in the federal government," for example a "sectional" president who might, for political reasons, decline to protect states in a certain region. Today the federal government, at the direction of the president, has declined to carry out its duty under Article IV. Leaving aside its other possible consequences, this intentional failure to protect Arizona raises the question of what action the state is now entitled to take under the Constitution.
This brings us to Article I, Section 10, Clause 3, which provides that "No State shall, without the Consent of Congress ... engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
So, the militias organized and armed by a state may go to war when the state has been invaded or is in imminent danger. This is clear under Article I, and plainly justified when the federal government has deliberately failed to protect against invasion as required by Article IV. As Joseph Story explains in his treatise on the Constitution, the prohibition against states engaging in war is "wisely" limited by "exceptions sufficient for the safety of the states, and not justly open to the objection of being dangerous to the Union."
Very interesting... I hope the State of Arizona carries this out. They need protection, the Mexican gangs are just getting bolder and will continue to flaunt the borders (to our detriment) until we grow a pair and stop them.
The Democrats are looking at a pool of faithful voters but these people have no desire to participate in this nation, they are just looking for a free ride or to make some money selling drugs.
Posted by DaveH at July 19, 2010 10:34 PM