Saturday, May 8, 2010
THE FEDERAL GOVERNMENT DESERVES TO BE SUED
While watching the hyperventilating over the Arizona law I was struck by the fact that if I lived in one of the four border states (California, Arizona, New Mexico, Texas) affected most by illegal immigration, I would really want to sue the federal government. Too bad you can't sue the federal government very easily. The 1946 Federal Tort Claims Act, allows individuals to sue the federal government, but the doctrine of "sovereign immunity" is a tough nut to crack.
That said, let's dream. The four border states have been abandoned by the federal government which has abdicated its responsibility to secure the borders of the United States. This has gone on for over 30 years through the presidencies of Reagan, Bush I, Clinton, Bush II, and Obama. I would submit that the federal government has failed in its duty to protect the security of the United States and it has done so for decades.
I have read the new law and I invite you to do the same. It mirrors the federal law and I invite you to read both.
It is my contention that Arizona passed the law in self defense. There is historical context for states taking the enforcement of laws into its own hands. The progressives, one of the most destructive forces ever unleashed on the country, understood this concept and most of the reforms were implemented by state and municipal governments rather than at the federal level. Laws against child labor, recall of candidates, referendum, and initiative are but a few. This blizzard of "reform" shows the necessity of local control over government. While some of the progressive agenda was well-crafted and needed, some was checked at the door and kept us from more harm than these progressives could have inflicted.
Once again, this fits into my narrative that federal government was purposely kept small and relatively weak in the constitution for a very good reason. The founders got it that the federal government is not able to understand the effects of its laws as it relates to state and local governments.
The states and local governments should be able to override most of the federal laws as it applies to their jurisdictions. While the supremacy clause may be brandished to back-up some arguments to the contrary, that argues even more emphatically for the federal government to limit its reach to that enumerated in the constitution.
The federal government has and continues to be nearly unchecked in its exercise of power over the states. Most appallingly, the federal government often resorts to monetary blackmail to implement laws that do little to enhance the life of its citizens.
After all, wasn't the American Revolution the ultimate statement of a people striving to gain local control over their lives? While their ruler was an ocean away, ours is, by their deaf ear, light years away.