Saturday, March 2, 2019

Republicans Have the Tools to Deal with Sanctuary Cities



Politicians by nature are cowards. They’re like water: fluid in rhetoric and follow the least path of resistance. How nice for them to have established a European system in which bureaucrats have supplanted the legislative branch by process of an administrative state. Congress has reinvented themselves as overseers of the Great Washington D.C. Plantation. Isn’t that special? Tell me, where is that in the U.S. Constitution?


One only has to look at this illegal alien problem to see how dysfunctional Congress has become. Liberals love to declare our immigration system is broken. NO! It’s Congress that’s broken. There are ways to deal with sanctuary cities, activist judges and elected officials who aid and abet this third-world invasion. What we need is strong leadership from the Republican party and I’m not talking about President Trump. He’s shown remarkable courage in the face of this unrelenting liberal sh**storm. I’m talking about the sniveling cowards in the Senate and the House of Representatives.


When Republicans controlled both houses of Congress they could’ve invoked the 14th Amendment and declared sanctuary cities in a state of rebellion. This action would’ve disenfranchisement local officials and reduced that states representation in Congress and the Electoral College. However, I doubt they realize they even have that power.


You ask, what about liberal judges? Surely, these plaintiffs would win in the courts. Well, the dirty, little secret is that Congress has the power to limit judicial review. They’ve had it all along, but refuse to exercise their constitutional prerogatives. Article III, Section II specifically gives Congress the authority to regulate the Court’s jurisdiction. For those who doubt Congress has this power, I’ll refer to the Aldrich Amendment in the Hepburn Act of 1906:


The fight in the Senate was not yet over. In order to obtain sufficient votes for passage of the bill, Roosevelt (a Republican) for five weeks secretly had backed an amendment proposed by Democratic Senators Joseph Weldon Bailey Sr.(Mississippi) and Benjamin Ryan Tillman, Jr. (South Carolina) that would limit judicial review of ICC orders on unreasonable rates to questions involving the ICC’s authority and the constitutional rights of the railroads. On May 4th, however, when it was apparent that the Tillman-Bailey Amendment did not have the necessary votes, Roosevelt, without notice to Bailey and Tillman and much to their consternation, announced at a hastily called press conference that the President supported a “broad” judicial review amendment proposed by Republican Senator William Boyd Allison (Iowa); this amendment had no limits on the scope of such judicial review, leaving it to the courts to decide the scope of review.


Congress didn’t debate about their authority to limit judicial review. Quite, the contrary, it was the opposite. They debated the extent to which the courts were allowed to interpret the law.


You ask, what about a divided Congress? There isn’t much we can do about the Senate and it's current leadership, but we most definitely can raise hell in the House once we take it back and we can use the Constitution to back it up.


Article One, Section One specifically allows each house to make its own rules and Section 5 gives the authority for each house to qualify and seat its members. During Reconstruction, The House of Representatives refused to seat incoming members from the South who participated in the rebellion. Therefore, there is a precedent and federal judges don’t have a say. But this would require strong Republican leadership and as we all know, that is seriously lacking.

We do have options to deal with liberals in and outside of the Beltway. What we need is the backbone to use it.


Source:

https://dwkcommentaries.com/2014/08/29/federal-regulation-of-the-railroads-in-u-s-president-theodore-roosevelts-second-term-1905-1909-the-hepburn-act/

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