Thursday, May 22, 2014

FEDS HAVE LONG BEEN JEALOUS OF THE STATE POLICE POWERS: STOP FEDERALIZING STATE AND LOCAL COPS--THEY HAVE THEIR OWN JOBS TO DO; THERE ARE JURISDICTIONAL OR POWER LINES BETWEEN LAW ENFORCEMENT AGENCIES. GAY MARRIAGES, IF RECOGNIZED IN THE STATE OF THE CONTRACT, SHOULD BE AFFORDED RECOGNITION UNDER U.S. CONSTITUTION, ARTICLE IV, FOR FULL FAITH AND CREDIT, LIKE REGULAR MARRIAGES, YOU DON'T HAVE TO GET MARRIED IN EACH STATE YOU MOVE TO!

Stop Federalizing State & Local Cops--Do Your Own Jobs!

Once again, you have to realized that townships, municipalities, cities, Providences, counties, and states, were around before the federal government was created, under the Union of the original 9 to 13 states, without a federal law enforcement agencies; therefore, sheriffs and police forces, have a long tradition and history that the FBI, CIA, ICE and NSA, and the many for federal law enforcement agencies, are more a creation of modern history, rather than having roots in the beginning of this country.  The Federal Bureau of Investigation, or the FBI, the Central Intelligence Agency, the CIA, the Immigration Customs & Enforcement, or ICE, and the National Security Agency or Administration, in many instances, have to be asked by state and local law enforcement to participate, or have their forte or expertise used, at the request of the locals, or the state cops.

There are jurisdictional lines of demarcation, that distinguish one law enforcement agency from another, at both a local, state and federal level--all law enforcement agencies and departments are not created equally.  I have previously written about sheriffs, who are up for election, this cycle, not to be lumped into one unified or merged, blended, super cop agency in the state or local.  Cops and sheriffs, both deal with crimes; however, there are additional civil duties, court duties, property duties, a sheriffs will have, but a police department, working in the cities will not have.  State statutes will determine what each state legislature assigned sheriffs, usually having a deep connection with tradition and history, predating many other law enforcement.

Federal Jurisdiction & Duties

Federal cops, also have jurisdictional divisions . . . FBI usually deals with federal crimes, like federal firearms charges or violations, we see them raiding marijuana grows, even though they have been instructed to abide by state laws, under the 10th amendmentt, by both the U.S. Attorney General, Eric Holder and even the President, himself, President Obama, I guess we can through the FBI right there in with Cliven (FBI) Bundy, who fails to recognize the United States, nor the flag, he parades around . . . the FBI just raided more marijuana growers, who legally, within their state, Washington, not only have the approval of the people, by popular vote, but the legislatures, making new laws to accommodate the wishes of their electorate.  Oh, I forgot, Mitt Romney, I have heard is the recognized, leader of Mormons, the FBI, within the FBI, and the CIA, within the CIA . . . sore losers, but losers they are!

The CIA, generally, handles international crimes, that cross national borders, just like the FBI, handles federal crimes that cross state borders, or unless they are called into service, when local and state cops are lacking in the expertise, that can be provided by the federal agencies.  Separate and aside from that, state and local law enforcement with their respective jurisdictions and legislative bodies, are to protect the health, safety and welfare of their citizens.  The feds on the other hand, are to provide for the general welfare and defense . . . one size does not fit all!

Several Examples of Federalizing State & Local Cops

Issues of Naturalization or Immigration, Belonging to ICE

I think the first time, I was personally involved with the issue of federalization problem, came in the form of Utah's attempt to reform immigration, dealing with e-verify, deportation, checking papers to determine issues of nationalization . . . if memory serves, HB 180, was the hot ticket item during the 2009, legislative session.  Oklahoma and Arizona, had already passed stringent forms of the same legislation, driven by none other, than the feds!  The Department of Justice and Homeland Security were both listed about 11 times, once for each page of the bill!  Although, contrary to custom and tradition, you know the federal agency, alphabet soup, acronyms to represent federal agencies . . . but this piece of legislation, meant to confuse and compromise the powers and duties, changing allegiance of local and state cops, and force state police powers to do federal cops jobs, enforce immigration laws!

Most legislators and cops, failed to read the proposed, model legislation; however, I did read the 11 page bill, and was horrified at what position, state and local cops were put it . . . they would have, through, the attorney general of Utah, signed a memorandum of understanding with both the Department of Justice and Homeland Security, both federal agencies, plus, that new bill made it possible for citizens, to demand that cops stop those of mainly, Hispanic descent, to ask them for their proof of citizenship, residency, or work permits!

The one good thing the memorandum of understanding did, was allow state and local agencies, the option of being trained by the feds to get some type of understanding of the issues, which in and of itself, is not problematic, but when the duties of the state cops, is taken doing the feds job, who handles their job?  We are in this federalist system, of both a federal and state system, that is to compliment, each other, support, but not take the place, or put an undue burden on already strapped, local and state cops!  

Feds Overstepping Their Boundaries, Raiding State Marijuana Growers

Every citizen in the United States has duel citizenship, but there cannot be two sets of laws, one for the feds, that conflicts with the state power, to pass legislation or voters expressing their voices and powers to make laws, through ballot initiatives and referendums, all constitutional as hell!  This is where the 9th & 10th amendments come in, incorporating all powers, not expressly reserved for the feds, saving those for the states and the people, and even not enumerated, or not expressly written rights, like the right to privacy, to be reserved for the people, just as protected by the government and courts!

The feds, that still have laws prohibiting marijuana use, can still use their powers over the general welfare, in states that have not passed medical or recreational marijuana use; however, the states have more specific power, they were in existence, before the federal government, and if you will notice, in the 10th amendment, it says the feds get whatever powers the original states, gave them, and that were not prohibited to them by the STATES!  So, in essence, what is happening, is the tail wagging the dog, or the created, telling the creator, what to do!  The feds don't have the power to do that!

Bigger doesn't mean, boss, just because there are general laws, doesn't supersede state laws, or legislatures, being ousted by Congress, only when the feds and Congress have express jurisdiction or powers over that area!  If the student of our republican former of government wants, read the United States Constitution, Article I--it will mention the powers of Congress, what Congress is prohibited from doing, and what the states are prohibited from doing!  

Guiding Principles, Concepts & the Basics

The founding fathers, wisely, in every aspect of the Constitution had a balance of power, not only between the three branches of government, but between the states and the federal government, the states and the people, various levels of cops, going down to local and state governments, being patterned after the federalist and republican forms of government, with duties assigned to the local legislative bodies, and the state, or cities, and counties, with rule making authority.

In the Utah Constitution, there are 27 things, if I remember, from 10 years ago, that the legislature cannot do, that would, if they did, minimize the powers of the counties, and thus, controlling the jurisdictions, or powers, between counties and cities, with every level have some type of autonomy and sovereignty, as long as they don't conflict . . . we are a society controlled by the RULE OF LAW!  With the Supreme Law of the LAND being the U.S. Constitution . . . with pre-emption, supremacy clauses, clearly, taking into consideration, the 9th and 10th amendments, the controlling law, when there is a conflict, and their often is, between laws . . .

Within each state, the state constitution is the highest law in the state . . . an ordinance that a city council passes, doesn't supplant or replace a law made by the legislature, as long as it is not one of the areas that are reserved for the local legislative bodies, county commissions, special service districts, controlling water, electricity, etc.  All laws, statutes, rules, ordinances, variances, are not of equal weight or authority!  Often a state regulatory statute will conflict with a federal regulatory statute, usually the federal statue will control, through the commerce, preemption, property, supremacy clauses, or just simply in and of the fact, Congress gave money, as an incentive, and the states eat the carrot . . . if they do, amen to their refusing to follow Congressional acts, like OBAMACARE!

Utah had Spent 87% or Allocated TARP Monies, Before It Ever Even Hit the State, then Wanted to Know How to Reject the Federal Programs Attached to the TARP MONEY!  Go Figure!

If Entities Can Just Keep In Mind the Basics, Don't Go Deeper Than You Need to, Constitutional Law is Complicated, but Not Impossible--DO YOUR HOMEWORK--GRAPLE, and You Can Figure This Stuff Out!

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