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re: Why Trump’s executive order on sanctuary cities is unconstitutional

Posted on 1/26/17 at 1:52 pm to
Posted by Blizzard of Chizz
Member since Apr 2012
19161 posts
Posted on 1/26/17 at 1:52 pm to
quote:

those were state laws in violation of federal laws


And the policies of sanctuary cities are in direct violation of federal law. It doesn't have to be expressly written out as a law either. Take for instance restaurants denying service to blacks. Feds came in and said you can't do that. They used in part interstate commerce to make their case because roads built with federal money were used to supply restaurants. The same applies here and every time the state will end up losing because they can't get around the interstate commerce argument. The Feds can nail these cities with issuing drivers licenses to illegals who then participate in interstate commerce.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424947 posts
Posted on 1/26/17 at 1:54 pm to
quote:

Take for instance restaurants denying service to blacks. Feds came in and said you can't do that. They used in part interstate commerce to make their case because roads built with federal money were used to supply restaurants.

no no. your'e close but missing one key aspect

the feds made this illegal via a law

that law was based on the ICC, using the argument you made above

i get what you're saying, and i agree these actions may be ILLEGAL, but that doesn't mean there is a direct force/obligation for states to execute federal laws. IN THIS CASE, they may be violating federal law and that would be illegal, but that's something different
Posted by TidenUP
Dauphin Island
Member since Apr 2011
14451 posts
Posted on 1/26/17 at 1:57 pm to
Hell, if illegals are using/have access to roads, bridges, schools, law enforcement, fire protection, water, power,hospitals, airports, etc., cut the federal funds for those systems.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 1/26/17 at 2:00 pm to
quote:

The Feds can nail these cities with issuing drivers licenses to illegals who then participate in interstate commerce.


Thats a great angle imo. Why would it be any different than issuing fraudulent IDs?
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