Washington state AG sues Motel 6 over giving ICE info on 9,000 guests


1. What can a State – or several States – do to resist encroachments & usurpations by the federal government?
2. Federalist No. 46 (7th para) discusses how individual States or several States carry out resistance to the federal government’s unconstitutional encroachments. If a particular State takes an action which the federal government doesn’t like, but which has the support of the People of that State, the federal government can’t do anything about it unless it is willing to use force.
When several States oppose an unconstitutional encroachment by the federal government, Madison says they have powerful means of opposition: the disquietude of the people, their repugnance (e.g., baby-killing enshrined into public policy), the Peoples’ refusal to co-operate with the officers of the federal government; the opposition of the State officials; and all those legislative devices State Legislatures can invent to thwart & impede the federal government in its unconstitutional schemes.
So, in para 7, Madison contemplates that not all States will oppose unconstitutional encroachments by the federal government. But he shows that this need not impede the States who do. Such States need not implement in their States the federal government’s lawless usurpations. Have we forgotten how to just say, “NO! You have no authority under the Constitution to do this, and the Sovereign State of X and the Sovereign People of the State of X won’t permit this.” If we have taken the Oath to support the Constitution (Art. VI, clause 3), then we are bound by Honorto support it!
Read the rest here.You’ve read me make this argument several times now, but let me repeat it yet again: the way to reestablish first principles is, quite simply, by reestablishing fidelity to the Constitution; and the way to reestablish fidelity to the Constitution is both to follow it as it was written and to acknowledge its clear intentions, both on the macro and micro levels: the Constitution provides the framework for levels of government, providing the federal government with certain clearly defined enumerated powers, with the rest being left to the states and the we the people, all while creating a system of checks and balances and messy adversarial battles with an implied judicial review — that latter of which can only function as intended should the judiciary adopt as its interpretive methodology any cast of originalism/intentionalism that seeks, in those instances where the Constitution itself is not abundantly clear, to determine what was in fact meant by those who wrote and then passed legislation, weighing it against the corporate intent, that is, the common understanding of what the Constitution proposed by those who agreed to ratify it (which, for instance, would de-problematize the 2nd Amendment), in order to determine a law’s Constitutionality.To this end, I’ve suggested that states — particularly those states with strong conservative governors and majority GOP state legislatures or assemblies — begin resisting federal and bureaucratic laws and mandates that fall outside the clear purview of the central government as laid out in the Constitution itself. That is, resist those laws and mandates that the federal government has no facial authority to issue or impose — regardless of what some robed philosopher kings bent on creating new law sui generisattempt to foist upon the owners of the government, we the people, either out of some commitment to “social justice,” some cleverapplication of unrelated precedent, or some re-writing of the law in order to maintain a veneer of political impartiality (and yes, CJ Roberts, I’m looking at your pompous ass).The Supremacy Clause, the Commerce Clause, the General Welfare Clause — all of these have been gradually expanded over time by poor or politically expedient (and hermeneutically incoherent) court decisions to give the federal government power and reach that a plain reading of the Constitution prohibits. Which suggests that the bridge between an outsized federal government with nearly all-encompassing legislative and regulatory powers and the original intent of the Constitution itself, has been paved with bad law upheld by bad courts, including those “conservative” courts that like to defer to prior court decisions rather than basing their rulings on the original text and intent of the Constitution itself. Else, how to explain the clear and obvious distance we’ve traveled legally from the system of government so carefully considered and laid out by the founders and framers for the express purpose of preventing government tyranny and promoting individual sovereignty and liberty — along with the promotion of state and local power over distant federal power — to manage the affairs of a diverse national populace?
We live in Eldridge Cleaver’s world now, a world with no more middle ground. Where not doing anything does not mean you will be left alone. This is no longer a nation founded on the curious premise that the government should leave people alone unless they are causing problems. That peculiar idea was held by a nation of farmers and merchants who fled religious persecution, and whose great contribution to human history was the notion that governments shouldn’t be all-powerful and that everyone should mind their own business when it comes to other people’s affairs. Our present-day rulers revile them as racist slave owners who only cared about money, but they also happen to be racist slave owners who only care about money, and they have far more of both. The average American still holds the fanciful belief that, if he isn’t annoying anyone, he should be left alone. To the people running his country, this is as bizarre and unworkable as Phrenology or the Geocentric theory or handing out universal health care without also compelling everyone to buy it. This is not a nation where people are left alone anymoreThis is not a nation where people are left alone anymore. This is a nation where they are hounded from the moment they are born until the moment they die by the arms of a regulatory state run by men and women weaned on Cleaver, Alinsky, Fourier, Marx, Wells and countless others. This is a nation where, accordingly, being left alone is the greatest of luxuries. It takes a lot of money to be left alone. Regulatory space is much more expensive than physical space, and buying it requires investing in lobbyists, fundraisers and lawyers. If you make the right payoffs, then you can buy the privilege of being left alone, exempted from regulations, going uninspected and protected against the agents of the state. But once you do that, you are no longer neutral. You have bought yourself the privilege of not being considered the problem; instead, you have become part of the solution for the people you are paying off. The Americans bushwacked by ObamaCare, the scam artist’s dream of a tax paid to a third-party in exchange for benefits accrued to a fourth party, still thought they had the freedom to take the middle, to despise meddling politicians in both parties, ignore most things the government did, while living their own lives. They had seen their savings devalued, their homes seized, their lives bedeviled by a thousand regulations, but they still thought that it was possible to take a middle-ground, to reject the solutions by asserting that they are not the problem. They did not understand that in Cleaverland, in Alinskytown and in Obamaville—no one opts outThey did not understand that in Cleaverland, in Alinskytown and in Obamaville—no one opts out. Either you volunteer of you get drafted. Raise your hand or you will be called on anyway. Not volunteering to be part of their agenda means that you are the problem. You, sitting right there in your chair, watching these words move across your screen, are the problem. A problem 311,591,917 human souls strong. You eat too much or you don’t pay enough taxes, you drive your car too often, you haven’t bought solar panels for your roof, you browse extremist websites when you should be browsing government informational sites for tips on how to do or not do all of the above. But most of all… you still don’t understand what a great problem you are for the people running this country into the ground between the Atlantic and the Pacific. They keep trying to solve you, but you don’t go away. There is no neutrality when dealing with people who reject the very concept of neutrality. Who draw everyone into the long columns of their spreadsheets and catch everyone in their spider’s web. There is no middle ground with people who don’t believe there is a middle ground, who believe that every human on earth is part of the problem and can only opt out of being the problem by joining up with them and following their directives. That is what we are up against. We confront the Great Solvers of the Human Problem who are determined to arrange everyone and everything to their liking. They began by controlling everything that people did. Now, they have moved on to controlling what people don’t do. If you live, if you breathe, if you stir, move your muscles, track moving objects with your eyes, then there are obligations imposed on you. ObamaCare is one of the final declarations that there is no opting outObamaCare is one of the final declarations that there is no opting out. Even if you don’t drive, own a home, own a business, own a dog, or do one of the infinite things that bring you into mandatory contact with the apparatus of your local, semi-local, trans-local, national or global government, you are committed to a task from maturity to death. Your mission is to obtain health insurance, and, in a system in which you become the ward of the government as soon as you taste air, it is the price that you pay for being alive. In a free country, you are not obligated to do things simply for the privilege of breathing oxygen north of the Rio Grande and south of Niagara Falls. But this isn’t a free country anymore; this is a country in which you get things for free. And there is a big difference between those two things. We are a nation in which everyone is entitled to everything, except the right to opt out of all the entitlements and the cost of paying for them. We may not have the Bill of Rights anymore, but we have a hell of a bill to settle and, every year, the deficits keep making it bigger and bigger. Our forefathers passed on to us a Bill of Rights, and we shall pass on to our descendants a Bill. A tremendous Bill which can be unrolled from the mountains to the prairies to the oceans white with foam… and all the way across the ocean to China. The Bill of Rights was a list of things that the government could not do. The Bill is a list of things that the government has done. It’s an endless bill, because we have an endless government that is doing things all the time. And though we didn’t do any of them, we are still stuck with the bill. Even if we could reach into our pockets and settle the bill with a couple of loose trillion dollar bills, this Bill doesn’t just demand money, it demands power. If all that government officials did was go to Vegas, give each other prizes and sing silly songs, then the Bill would be large, but it wouldn’t ask for a piece of our soul. But the amount of money that the government spends is almost beside the point. The amount may bankrupt us, it may destroy our economy, it may turn us into debt slaves—but it’s secondary to how the money is being used. It’s bad enough to be eaten out of house and home—worse to be forced to feed the occupying army that is taking away your freedoms one by one. People often talk about the First and Second Amendments, the Fifth comes up, and even the Fourth. But how often do we think about the Third Amendment, that old relic of a time when we were ruled by a distant power with no concern for our lives or our freedoms? “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner”. It’s one of the few amendments that goes unnoticed. No one challenges it. No Supreme Court blots it out with the stroke of a pen or rephrases it to mean that there is a Constitutional right to abortion or a ban on executing juveniles. There is no occupying army quartered in our homes. They have sizable barracks with marble floors, gleaming chandeliers and metal detectors through which you must pass in order to meet with even one of their lower officers. They aren’t quartered in your living room, they rent hotel names and build buildings and send the bill to you. And then they send you another bill, which informs you that they have decided that the War on Obesity, the War on Health Care or the War on the Economy requires you to do a set number of things, the costs of both the doing and the enforcement to be borne by you. The old kings used to play chess games with human chess pieces, a metaphor for how they saw their power over their subjects. The new kings or czars play with hundreds of millions of chess pieces. They assess how many pieces they have in a census, determine what kind of pieces they are and pass laws telling them where to move, what to buy and how to live. And they are no more tolerant of pawns who fail to move when ordered to, than the old kings playing human chess in their gardens. In the last century, the Great Solvers went to work on a national and global game of human chess. They called this game by various names, The New Deal, the New Frontier, Hope and Change, or, most commonly, Social Justice. The real name of the game is “There Ain’t No More Middle Ground”. Either you are a New Dealer, a New Frontierer, a Hope and Changer, a Tolerator, a Liberal, a Donor, an Activist and an Organizer—or you are on the wrong side. You might think that you are standing in the great moderate middle, the open-minded frontier of the old American, but the frontier and ground are both gone. There is only Problemtown and Solutionville and the bulldozers are coming to knock down Problemtown next week and deport its residents to Solutionville. ObamaCare is the bus to Solutionville. It is the problem that is “You” being solved in the same inept brute-force fashion in which the Great Solvers solve everything, from Russian agriculture to European Union democracy. The problems are many, and the Solvers are impatient. There are too many peasants, and weekends are too short, the golf courses are too crowded, the protesters are too annoying, and the numbers never add up. Each problem keeps needing to be solved many times, but they have already moved on to the next problem and the one after that in the great mass of problems that some people still call America. The American Bushwhacked still wonder what happened. When did this stop being a free country? Then they finish pumping their gas, buy their sodas, paying several taxes on each and completing a transaction for two commodities whose production and distribution involve more laws than the entire legal codes of Rome and Greece combined, and then drive home, where they begin making notes for next year’s taxes, while reading how the latest laws will affect them. On the television, an anchor with carefully molded hair and the grave look of the career idiot who has learned to disguise this fact by always appearing concerned about something, interviews an activist who is proposing new regulations as the only responsible thing to do. “If you aren’t part of the solution,” she says with equally grave sincerity, “then you are part of the problem.” The American Bushwhacked nod along because the proposal seems so reasonable. Who doesn’t want to do something for the children, the oceans, the endangered red-banded shrub, the people somewhere who don’t have something and that sincere young woman who really seems passionate in a way that few are anymore. Then he turns back to his desk, somewhere in the great middle ground that once was, studies the tax forms again and wonders when this stopped being a free country. |
The rest here.1. Pay as you go, balanced budget—whatever you wish to call a return to fiscal sanity. Conservatives need to stop talking about tolerable deficits in terms of GDP; and liberals should cease the charade that trillion-plus annual borrowing is great stimulus.
The psychological effect on the American people of paying down the debt through annual surpluses would be incalculable. “Decline” is as much psychological as real, and begins with perceptions of financial insolvency. We have a $11 trillion economy, so balancing the books is not impossible. Note how Obama intends to “address the deficit” only after he has set two budgets that will increase it by nearly four trillion dollars. Note how Bush’s sin of running up large annual deficits is used to excuse Obama’s mortal sin of doubling them. Note how Democrats, after lining up for a trillion-dollar federal take-over of health care, are worried about a multi-billion dollar expense in Afghanistan. Cuts in defense, as the later Romans knew, are always the first reaction to profligate domestic spending and entitlement.
2. Freeze federal spending at the present rate, and let increased revenues balance the budget. The idea that we could ever cut outright the budget seems long ago impossible—given the culture of complaint and the melodramatic rants about starvation and murder if another entitlement is not granted. Still, some sort of leadership is required to remind the American people that much of what their government does is not just unnecessary, but counter-productive and they would be better off without it.
Apparently, Obama simultaneously believes (a) he can create a permanent loyal constituency of millions who either receive or disperse federal “stimulus”, in the fashion of the old Roman turba; (b )he can borrow so much money that higher taxes will be seen as vital and therefore the original intent of income redistribution accomplished; (c) that, having had little experience in the private sector, but much financial success as a community or government employee, he can assume that money comes out of thin air and is to be dispersed non-stop through public benefaction; (d) the upper-middle class, which strives to be as rich as he is, is somehow culpable. A common theme throughout history is a paradoxical hatred of the equestrian, productive class, by both the idle aristocratic and entitlement constituents, who hand in glove need each other.
3. Some sort of fair or flat tax that ends the trillion-dollar industry of tax preparation, avoidance, and fraud. For about a quarter of the population April 15 is a spooky sort of Halloween. Instead, we need a tax system in which one can complete the necessary preparation in about 2 hours. Whose bright idea was it to excuse nearly half the American households from income tax exposure (Clinton and Bush, and now Obama?)—a fact that explains why in Pavlovian fashion recently Senators have been saying that we can add on a new war tax, a health-care surcharge, and a new high rate on “them”? The justification of a 40% income tax, 10% state income tax, 15.3% payroll tax, and new war and health care surcharge taxes can only be that one’s income was undeserved, ill-gotten, and thus better “rectified” by more enlightened federal redistributors.
4. Close the borders to illegal immigration, through completion of the fence, biometric IDs, employer sanctions, beefed up enforcement—coupled with a radical change in legal immigration law that favors education and skill, rather than simply family ties. The present mockery of existing law undermines the sanctity of every law. Those who knowingly break immigration laws, and know that they will not in the future be enforced, naturally assume that other laws likewise will not apply to them, from tax reporting to the vehicle code. We really must ask—why the national outcry over whether illegal aliens will be included in the new health care plan when $50 billion is sent back as remittances to Latin America each year? In rough math, each of the supposedly 11 million illegal aliens sends out on average around $4000-5000 per year southward. Perhaps we could tax remittances to fund their health care? Something is strange about the attitude of “I must send $400-500 a month home to support my family, but now I am broke and need someone to pay for my care at the emergency room, etc.”
In my own reflections and comments about various topics, I do invoke certain basic principles of political life and perhaps it will be useful to lay these out, briefly. Perhaps the most crucial aspect of these principles concerns the nature and limit of a proper, just government. And where the position I hold is most challenged is how much government ought to do for those who lack the ability and resources to get into various areas of social life with some reasonable hope of success.
The government's role in helping to get people into the game, so to speak, when they are virtually or completely out of it, is, as I understand it, nil: this just isn't the state's proper and safe function. Putting it another way, the government isn't there to be generous, kind, helpful, supportive, charitable and so forth -- it exists so as to make sure peace prevails and justice is done. We, as human beings in our various relations to one another, must deal with innumerable challenges as the government protects our rights mainly so we are then free to choose to do what is right on our own initiative. (The government, like referees at a sports event, must take care of the rules, not play the sport, as it were. The players must do that!) And the system of rules, or justice, requires that no one's rights be violated, no one's rights to life, liberty and property and all the derivative rights that flow from these.
Now this is of course something not likely to be fully realized, even if it is in fact realizable. (Here a very handy work is Tom G. Palmer’s Realizing Freedom [2009].) But it is imperative for those who understand it never to give up the fight. That is a duty of citizenship -- to strive to advance and uphold the principles of justice as much as that is possible to do, whatever disagreements and opposition one faces.
It is not that the government might not here and there, now and then, do some extra good besides maintain peace and justice -- even help deserving people. But on average it does so at paying a price that is prohibitive, namely, becoming a criminal organization that subdues and robs Peter to "help" Paul. Government isn't able to produce wealth with which to help -- it must forcibly get people to work and confiscate their wealth to provide its support. And that is plain assault and robbery, however much cost-benefit analysis has gone into the process.
When government gets into helping people by hurting other people, it loses sight of its proper job and that encourages very serious malpractice. One reason so much goes awry in countries around the globe is that the governments do not devote themselves to their proper task of securing individual rights but have gone about doing innumerable other things that destroyed its integrity as a peacekeeping organization. And once the government lends its hand -- its legitimate tool of physical force when properly limited -- to purposes other than keeping the peace -- securing our rights -- there is no end to the corruption. Everyone will want to have the same done for his or her vested or special interest. So, even those exceptions that may seem so minor and have such good reasons behind them contribute to the corruption of the proper function of governments.
As to democracy, its role isn't to set the rules or establish the principles governments should uphold but to select the personnel who will administer the rules and work hard, often valiantly, to protect those principles. Otherwise democracy becomes complicit in perpetrating injustice -- as when people vote to take property from each other, to restraint trade, to set wages or to control peaceful sexual practices and otherwise attempt to regiment people to behave well. This is an assault on the dignity of the human individual and democracy cannot justify that.
Obviously no brief discussion can do this topic sufficient justice. Still, it might be of some use to know where some of us concerned about the growth of the scope and size of government are coming from as we offer our criticisms of its expanding scope and power.
1. U.S. acceptance of coexistence as the only alternative to atomic war.
2. U.S. willingness to capitulate in preference to engaging in atomic war.
3. Develop the illusion that total disarmament of the United States would be a demonstration of moral strength.
4. Permit free trade between all nations regardless of Communist affiliation and regardless of whether or not items could be used for war.
5. Extension of long-term loans to Russia and Soviet satellites.
6. Provide American aid to all nations regardless of Communist domination.
7. Grant recognition of Red China. Admission of Red China to the U.N.
8. Set up East and West Germany as separate states in spite of Khrushchev's promise in 1955 to settle the German question by free elections under supervision of the U.N.
9. Prolong the conferences to ban atomic tests because the United States has agreed to suspend tests as long as negotiations are in progress.
10. Allow all Soviet satellites individual representation in the U.N.
11. Promote the U.N. as the only hope for mankind. If its charter is rewritten, demand that it be set up as a one-world government with its own independent armed forces. (Some Communist leaders believe the world can be taken over as easily by the U.N. as by Moscow. Sometimes these two centers compete with each other as they are now doing in the Congo.)
12. Resist any attempt to outlaw the Communist Party.
13. Do away with all loyalty oaths.
14. Continue giving Russia access to the U.S. Patent Office.
15. Capture one or both of the political parties in the United States.
16. Use technical decisions of the courts to weaken basic American institutions by claiming their activities violate civil rights.
17. Get control of the schools. Use them as transmission belts for socialism and current Communist propaganda. Soften the curriculum. Get control of teachers' associations. Put the party line in textbooks.
18. Gain control of all student newspapers.
19. Use student riots to foment public protests against programs or organizations which are under Communist attack.
20. Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.
21. Gain control of key positions in radio, TV, and motion pictures.
22. Continue discrediting American culture by degrading all forms of artistic expression. An American Communist cell was told to "eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms."
23. Control art critics and directors of art museums. "Our plan is to promote ugliness, repulsive, meaningless art."
24. Eliminate all laws governing obscenity by calling them "censorship" and a violation of free speech and free press.
25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.
26. Present homosexuality, degeneracy and promiscuity as "normal, natural, healthy."
27. Infiltrate the churches and replace revealed religion with "social" religion. Discredit the Bible and emphasize the need for intellectual maturity which does not need a "religious crutch."
28. Eliminate prayer or any phase of religious expression in the schools on the ground that it violates the principle of "separation of church and state."
29. Discredit the American Constitution by calling it inadequate, old-fashioned, out of step with modern needs, a hindrance to cooperation between nations on a worldwide basis.
30. Discredit the American Founding Fathers. Present them as selfish aristocrats who had no concern for the "common man."
31. Belittle all forms of American culture and discourage the teaching of American history on the ground that it was only a minor part of the "big picture." Give more emphasis to Russian history since the Communists took over.
32. Support any socialist movement to give centralized control over any part of the culture--education, social agencies, welfare programs, mental health clinics, etc.
33. Eliminate all laws or procedures which interfere with the operation of the Communist apparatus.
34. Eliminate the House Committee on Un-American Activities.
35. Discredit and eventually dismantle the FBI.
36. Infiltrate and gain control of more unions.
37. Infiltrate and gain control of big business.
38. Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand.
39. Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.
40. Discredit the family as an institution. Encourage promiscuity and easy divorce.
41. Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding of children to suppressive influence of parents.
42. Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use united force to solve economic, political or social problems.
43. Overthrow all colonial governments before native populations are ready for self-government.
44. Internationalize the Panama Canal.
45. Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction over nations and individuals alike.