December 3, 2018

Judge Gets Federalism Backwards on Sanctuary Cities

A NY judge blocks Trump’s withholding of federal funding from “sanctuary” cities and states.

Yet again, a judicial despot has blocked one of President Donald Trump’s immigration actions. This time, a federal judge in New York ruled against Trump’s decision to withhold federal funding from cities or states that enact illegal-alien-harboring “sanctuary” policies. Again, Trump isn’t trying to change those laws; he’s just defunding cities and states that have them. In the ruling, however, Judge Edgardo Ramos wrote that “the separation of powers acts as a check on tyranny and the concentration of power.” Unfortunately, Ramos’s understanding and application of the Constitution’s separation of powers principle is, well, unconstitutional.

Separation of powers begins from the understanding that everything is under state and local jurisdiction unless specifically delineated by the Constitution to be a responsibility of the federal government. In this case, the issue of immigration — who is and is not allowed entry into the nation — comes under the purview of the federal government, not that of the individual states — much less cities. Logically, if individual states are free to set their own policies on immigration enforcement, what’s to stop one state’s polices from colliding with that of another state? Confusion and conflict will abound. Like national defense, immigration enforcement rightly falls under the authority of the federal government. Ramos gets federalism backwards.

Democrats and leftists are disingenuously using federalism in a bid to gain power. The irony is that their globalist agenda would end federalism, replacing it with a top-down elitist form of globalist socialism, which they love to preach as being more democratic. Communists have been playing the one-party-rule game for a long time now.

Meanwhile, Texas just filed a lawsuit against the city of San Antonio and its police chief for violating the state’s 2017 law banning sanctuary cities. According to Ramos’s understanding, would a city government have greater authority than the state government to create laws that impact the entire state, not to mention the entire country?

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