The Patriot Post® · Leftists Almost Discover Federalism

Back in the 1980s, cities that didn’t want to follow the then-hard federal line on immigration declared they would become “sanctuary cities” for illegal aliens. No longer would they cooperate with federal laws regarding illegal immigration. Instead, they would make themselves “safe” places for these undocumented foreigners to live and work, and effectively to thwart federal attempts to better enforce immigration law — which is a key component of national security.

Generally, these “sanctuary cities” were enclaves in liberal-controlled states, which gave them an additional measure of protection against the policies of what they decided was an illegal or immoral federal government. Whether it was Ronald Reagan, one of the Bushes, or Donald Trump, leftists cheered when local and state governments put a thumb in the eye of the feds or flashed them the proverbial middle finger, saying they knew best.

However, after 30 years of watching liberals-turned-leftists run roughshod over the Rule of Law, governors and legislative leaders in Republican-controlled states have decided to take a more activist role for themselves — and leaders in Democrat-held cities within these states don’t like it one bit.

So they ran to The Washington Post and, predictably, the “Democracy Dies in Darkness” activists there didn’t disappoint. Now they claim that these conservative states are violating the “home rule” rights of these cities that generally pick and choose which federal laws they want to enforce. For our money, it’s worth the bag of popcorn to read.

Molly Hennessy-Fiske, whom the Post has deemed its “red state” reporter — hopefully she’s getting hazard pay for hanging out among the rubes — begins her penny-ante screed by calling what red-state governments are doing “hypocrisy.” She whines, “Despite long advocating small government and local control, Republican governors and legislators across a significant swath of the country are increasingly overriding the actions of Democratic cities — removing elected district attorneys or threatening to strip them of power, taking over election offices and otherwise limiting local independence.” Apparently, misfeasance and malfeasance aren’t in the vocabulary of Hennessy-Fiske, nor is there consistency in the editorial stance of the Post. Remember the idea of Second Amendment sanctuaries? We do.

“Using this disingenuous logic, proponents have convinced cities and counties in Oregon, Washington, New Mexico, Illinois, Colorado, Florida, Virginia, and elsewhere that they should resist laws enacted by duly elected legislators upon their own declarations — not those of the courts — that such laws violate the Second Amendment,” wrote Washington Post columnist Mary B. McCord in 2020.

McCord continued: “This not only misunderstands the Second Amendment, but it also misunderstands the limited powers of local jurisdictions, which exist solely based on authorities conferred by state law. State constitutions, statutes and common law generally affirm the ‘supremacy’ of federal and state law, meaning that local jurisdictions are preempted from enacting conflicting ordinances and resolutions. And in no state do local governments have the prerogative to declare a state or federal law unconstitutional without involving the courts.”

Amazing the difference three years can make.

So let’s go back to the more recent conundrum, where blue-city mayors chafe at state legislatures and governors that have curtailed their fever dreams in states like Florida, Texas, Louisiana, Tennessee, Mississippi, and Ohio. According to the Local Solutions Support Center, a left-leaning advocacy group, the largest portion of state limitations came in the areas of education, election law, abortion, and LGBTQ rights. States with conservative majorities often look to their legislatures to enact age-appropriate school curricula, ensure more fair elections, uphold duly passed restrictions on abortion, and protect kids by tempering the Rainbow Mafia’s grooming operation.

Since the states won’t bend to their will, these blue-city mayors are appealing to a higher authority: the federal government. Justin Bibb, the mayor of Cleveland who the Post says “struggled to pass local tobacco and gun control ordinances” but was stymied by the GOP-controlled Ohio legislature, appealed to the Biden administration for more direct federal aid to bypass the “gatekeepers” at the state level. “If they want to see a real change, send that money directly to the mayors … to make sure as mayors we can control our destiny and preserve home rule in our cities.”

There are a lot of small town mayors and city managers who are denied that privilege because their state is controlled by Democrats. When the Post comes out advocating for them, we’ll believe this is an issue. But we’re not holding our breath.