Tuesday, November 08, 2011

16 Nations Want to Challenge SC Immigration Law

I will not discuss the pros and cons of this law. I do have thoughts on the notion of a foreign nation suing a state. How could they have standing, how is such constitutional?

Well under article III Section 2 such a circumstance is authorized by the Federal Constitution -

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting.... between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

As a 10th Amendment State's Rights fellow I fully support the authority of the State of South Carolina to enact and reasonable and otherwise constitutional and just law. Nowhere within the Constitution can one find verbiage that would indicate that our fair state is not fully within its rights to enact this law. So on what grounds will the case against our state be made? The same as always it seems the 14th Amendment. This amendment was so poorly written and so contrary to the very spirit of the constitution that existed previously it is no wonder that it was never properly and legally ratified.

What a wordy, convoluted piece of work this amendment is and how nefarious it use in denigrating other portions of the Constitution. However, it would appear to me there are words in this poorly written document that no state has ever dared use in defense of state laws.

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Beyond the fact that the founders never intended to create US Citizens and the aforementioned little matter of this amendment not even being de jure law it has become de facto law and it is the primary catalyst for much of what our Federal government has become. But consider for a moment the last portion of the first sentence.

"are citizens of the United States and of the State wherein they reside".

Reading this plainly it is clear that every South Carolinian has dual citizenship. The amendment does not call us "residents" it calls us citizens of our state and in legal terms as used here citizen has special meaning.

Amendment X
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.

Under Article 1 Section 8 Congress has the delegated power to "Establish a uniform Rule of Naturalization" but it can be argued, and 18 USC Section 7(C) supports this assertion - the United States may only exercise plenary criminal jurisdiction over lands within a state that the Federal Government owns and the state has consented to the Federal Government jurisdiction.

Thus there are three key points that South Carolina could make in this case that would advance the cause of those of us that love our States more than the Federal government.

1) Dual citizenship does exist as expressed in the 14th Amendment - we are actually citizens of South Carolina not merely residents. This point of fact, argued in law would serve us well later.
2) Although the Congress has the authority to establish uniform naturalization the Constitution did not specifically delegate the Federal government the power to police this within a State's borders.
3) The X Amendment applies and South Carolina's Immigration law could have gone further making it a State crime to reside in the State without meeting the Naturalization and Visa requirements that the Congress has established under their Constitutional authority. There is no need to call a federal agent, the county sheriff could arrest and prosecute an illegal under such a law.
4) The 14th Amendment applies only to citizens as defined by the 14th Amendment - it does not apply to illegals - therefore any Federal government arguments based upon that amendment in opposition to this law are void.

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