Bronze Supporter
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How many of the 36 Counties in Oregon are Republican? I would think a great majority of them, if one were to look at the maps? I do see what you mean though, and is why I stated would the State go after the Sanctuary Counties for such a stunt, and if so, would the other Counties go "WTF State, clearly your State laws violate the Federal 2nd Amendment!"? -Which is the point I'm trying to illustrate as to why it would have to go to the SCOTUS; because a State law that contradicts the Federal 2nd Amendment, Especially after the fact that Oregon State law indicate that it is prohibited to form paramilitary groups and militias that are not under State control....... cannot exist.1. If you inferring that the majority of Counties would be willing to side with Sanctuary Counties, I doubt it, nor do I think you would see a majority of Oregon Counties adopting these measures. Even so, this would end up being heard in the State court system. In the hypothetical case you describe, do you really see a State court ruling against a law created by the State Legislature, approved by the State Attorney General and signed by the Governor ? Especially in this State which is all but owned by the Dem's.
maybe. maybe not.2. The SCOTUS chooses which cases it wants to hear. Something of this nature would be sent back to the State with a big WTF, do your own job.
there is the matter of Federal Supremacy Clause, as well as the 10th Amendment of powers not expressly held by the Feds to be held by the State... which also means States may hold powers that the Feds do not, BUT the States cannot contradict, nor circumvent what is laid out in Federal Law, else it is an unjust and unconstitutional law, unless decided by the SCOTUS or District Courts to be within the scope of the State powers (see 9th District.)3. Not every possible thing that can be imagined is written into the United States Code. It is only meant to be a guide to enforcing existing law and added to as needed. It is up to State Legislatures to craft laws within their scope of their jurisdiction.
This is going to be very interesting regardless, and especially with the Migrant caravan issue right now.Which brings us to your mention of :
4. The illegal immigration issue is a prime example of overstepping jurisdiction by a lower governmental body. It is contrary to the way such bodies are supposed to interact with each other and not legitimate. The only reason it exists is that it was engineered by extremist activists who have little or no regard for the US judicial system. It remains because it is one segment of a much larger issue, illegal immigration throughout the country. I suspect it will survive until the main point is resolved, whether we maintain our national sovereignty or discard it for the benefit of demographic gains by one political party. It has not been strenuously addressed by the Federal government for that simple reason, it is more a political issue than it is a point of law. This is also why your hypothetical scenario for the 2A sanctuary County law would not pass muster in the SCOTUS. There is no one able or willing to bring that issue to the SCOTUS level.
And yet, County Sheriff are specifically named as the only constitutional law enforcement office in the US Federal laws, although I would grant that the 10th Amendment right of the State to form their own State Polices without needing to involve the Constitution; however again, if the State doesn't have the manpower, the funding, nor the resources to afford to enforce its own laws on the counties, and depend instead on the counties to enforce them....what becomes of the 2A sanctuary counties then? They could simply tell State to go pound sand on some of the State laws, and force the State to send in its own Police to enforce, and then the whole jurisdiction becomes a political and ethical problem,.5. Law Enforcement officers enforce the laws of the office they hold. They do not create them. The continuum of Federal, State, County is simply the way the judicial is structured. Unless you are proposing that a County measure would be impetus to throw the system upside down, that's just the way it is. Another one of those things not written into a law somewhere because it is obvious.
I hear you on that. We are seriously looking at our finances, and trying to figure out if it would be easier to just sell everything possible, and move out of Oregon.It's been a long and disappointing day. I'm logging out so I can start dreaming about living in a beautiful State that isn;t messed by socialist azzhats....Later on.