Tim Dunkin
Sorry left-wingers, but governors CAN turn away "refugees"
By Tim Dunkin
Something amazing seems to be in the process of happening – a majority of the governors of our states appear to be finding the courage to stand up to the federal government and Obama's plan to resettle terrorists disguised as "refugees" all across the country. For decades, state governments have been so cowed by the federal government that time and time again, they acquiesce to any and all unconstitutional actions forced upon them by the federal government, no matter how excessive or ridiculous. However, the remarkably stupid decision by the Obama administration to proceed with its Syrian "refugee" resettlement plans, even in light of last weekend's terrorist attack in Paris, has finally forced the hand of conscientious governors who have been tasked with the duty to protect and do what is best for the citizens of their respective states. As of this writing, the governors of 27 states have stood up and said, "No more" to this Trojan horse assault on American safety.
Make no mistake – these "refugees" are not victims, seeking safety and freedom from oppression. They have been termed "refugees" by sympathetic media so as to cast them in a favorable light, but the actual facts say otherwise. Just look to the European experience so far. The vast majority of these "refugees" are military aged males, rather than women and children (who are typically the majority that are displaced in warzones). They have come into their host countries, defaced churches, destroyed property, committed a tremendous number of rapes and assaults, and publicly declared themselves to be "replacing" the native European populations and taking over Europe as a new "caliphate." These people are not refugees, they are invaders, plain and simple. ISIS has bragged about infiltrating personnel into Europe – how do you think they did this? We see the answer in the fact that two of the Paris attackers (claimed by ISIS) had passports given to them when they were processed through Greece as "Syrian refugees." There is no reason – none whatsoever – to think that the same things wouldn't happen here once we have large numbers of these "refugees" settled in our cities.
So by rejecting the settlement of these "refugees" in their states, these governors are performing a tremendous public service in protecting the lives and property of the citizens and residents of their various states.
Of course, the left wing is absolutely livid at this rejection of Pre__ent Obama's seditious plans for America. Not unexpectedly, they're falling back on arguments about how it is "illegal" for these governors to refuse to allow "refugees" into their states, claiming it's "unconstitutional" for them to do so. It's funny how they Left only discovers the Constitution when it thinks it can use it to advance their agenda, isn't it?
Nevertheless, they are absolutely wrong. In fact, these state governors are completely within their rights to reject any "refugee" settlement in their states, and they have the Constitution on their side in doing so.
First of all, if we wish to talk about the Constitution, then we should ask – constitutionally – who is it that is granted the power to deal with the entry of foreigners into our country? The answer to that is the Congress, not the President or any executive department. The relevant clause that details this congressional power is found in Congress' enumerated powers in Article I, Section 8, among which we find,
"To establish an uniform Rule of Naturalization..."
Keep in mind that the term "naturalization" does not just apply to those who are becoming citizens, but to any foreign residents who are legally allowed to reside in the United States. This is the way the term appears to be used by Madison in Federalist No. 42 in his discussion of this clause, and English common law (of which much of our Constitution is a distillation) considered "denizenry," describing lawful residency in a nation by a foreign subject, to be part of the concept of naturalization, even when the alien in question was not granted actual citizenship. It is upon this basis that the United States grants to legally resident foreigners many of the same rights under our Constitution as citizens enjoy. Yet, Congress' ability to do this does not imply that these foreigners are automatically, or even eventually, naturalized as US citizens.
Hence, the sole power to determine our laws (and therefore policy) on naturalization resides with Congress – BOTH to determine who is allowed citizenship AND to determine who is simply allowed to be here. The President and the State Department do not have any constitutional authority over these areas, other than to simply execute laws passed by Congress and signed into law.
Notably in this case, Congress has NEVER approved the resettlement of Syrian "refugees" into America. Indeed, Congress doesn't even seem to have been aware that "refugees" were being brought into Louisiana until it was happening. Members of Congress are even now taking steps to prepare bills that will defund these resettlement efforts and ban them from happening. Obviously, Congress' will is not to resettle them. Which makes the President's actions completely, utterly, inalterably unconstitutional and illegal.
Now the left-wingers might argue that the states don't have the power to determine rules of naturalization, either. True, they do not. But what the states DO have is the positive constitutional right from Article VI to nullify actions of the federal government which are not pursuant to the text of the Constitution,
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..."
The Supremacy Clause is often thought of solely in terms of "the federal government always overrules the states." But, if you actually read what it says, it is not saying that. Federal laws (and its questionable that executive orders even qualify for that level of dignity anywise) must be made "in pursuance thereof" to the Constitution. If they are not, then the states are free to adjudge them as unconstitutional and of no force or authority. The Supremacy Clause actually cuts both ways.
What this means is that the states can certainly act to interdict unconstitutional resettlement of hostile foreign troublemakers into their states by executive actions that have no constitutional or legal standing whatsoever.
The left-wingers might then argue that the President can call up the National Guard to simply force the states to accede to federal action. This is actually unconstitutional as well, if done without congressional authority.
Among Congress' other enumerated powers in Article I, Section 8, we find,
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions."
As defined in 32 US Code § 101, both the Army and Air National Guards are,
"...that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive..."
The National Guard is "part of the organized militia" of the several states (though, we should note, not the ONLY part). As such, to call out the National Guard requires congressional approval. The President, constitutionally speaking, doesn't simply get to call up the National Guard on a whim to use however he sees fit. Indeed, per Article II, Section 2 of the Constitution, the President is only considered to be the Commander in Chief of the Militia after it is called into the "actual service of the United States." Considering that Congress is in the process of trying to stop precisely what Obama is now doing, it's unlikely he'll get congressional authority to call up the states' own militias to use against them to force them to acquiesce to the introduction of a hostile invasion force of foreign savages into their own territories. If nothing else, the states in question can simply refuse to allow the President to call up the Guard without congressional approval. In this situation, there is no justification for calling out the militia anywise – no actual law is being broken by the governors (as none was passed, and the President's actions constitute an illegal overstep of his constitutional authority) and the governors' actions are actually working toward the end of repelling an invasion.
What needs to happen – and hopefully what will happen – is that these governors need to stand firm and not give in to the manufactured "public opinion" pressure that will be invented by the news media. The majority of Americans – and especially those living in the states led by these governors – do not want America to be overrun by hostile foreign savages as Europe foolishly allowed itself to be. We don't want our country turned into a wretched hive of Islamofascist fanatics, rapists, and murderers. And it is WE to whom these governors are accountable – not to the seditious and anti-American foreign lobby represented by Pres__ent Obama and his cadre of insurrectionists in Washington, DC. Hold fast, governors, and do the job of protecting the American people that our federal government refuses to do!
© Tim Dunkin
Something amazing seems to be in the process of happening – a majority of the governors of our states appear to be finding the courage to stand up to the federal government and Obama's plan to resettle terrorists disguised as "refugees" all across the country. For decades, state governments have been so cowed by the federal government that time and time again, they acquiesce to any and all unconstitutional actions forced upon them by the federal government, no matter how excessive or ridiculous. However, the remarkably stupid decision by the Obama administration to proceed with its Syrian "refugee" resettlement plans, even in light of last weekend's terrorist attack in Paris, has finally forced the hand of conscientious governors who have been tasked with the duty to protect and do what is best for the citizens of their respective states. As of this writing, the governors of 27 states have stood up and said, "No more" to this Trojan horse assault on American safety.
Make no mistake – these "refugees" are not victims, seeking safety and freedom from oppression. They have been termed "refugees" by sympathetic media so as to cast them in a favorable light, but the actual facts say otherwise. Just look to the European experience so far. The vast majority of these "refugees" are military aged males, rather than women and children (who are typically the majority that are displaced in warzones). They have come into their host countries, defaced churches, destroyed property, committed a tremendous number of rapes and assaults, and publicly declared themselves to be "replacing" the native European populations and taking over Europe as a new "caliphate." These people are not refugees, they are invaders, plain and simple. ISIS has bragged about infiltrating personnel into Europe – how do you think they did this? We see the answer in the fact that two of the Paris attackers (claimed by ISIS) had passports given to them when they were processed through Greece as "Syrian refugees." There is no reason – none whatsoever – to think that the same things wouldn't happen here once we have large numbers of these "refugees" settled in our cities.
So by rejecting the settlement of these "refugees" in their states, these governors are performing a tremendous public service in protecting the lives and property of the citizens and residents of their various states.
Of course, the left wing is absolutely livid at this rejection of Pre__ent Obama's seditious plans for America. Not unexpectedly, they're falling back on arguments about how it is "illegal" for these governors to refuse to allow "refugees" into their states, claiming it's "unconstitutional" for them to do so. It's funny how they Left only discovers the Constitution when it thinks it can use it to advance their agenda, isn't it?
Nevertheless, they are absolutely wrong. In fact, these state governors are completely within their rights to reject any "refugee" settlement in their states, and they have the Constitution on their side in doing so.
First of all, if we wish to talk about the Constitution, then we should ask – constitutionally – who is it that is granted the power to deal with the entry of foreigners into our country? The answer to that is the Congress, not the President or any executive department. The relevant clause that details this congressional power is found in Congress' enumerated powers in Article I, Section 8, among which we find,
"To establish an uniform Rule of Naturalization..."
Keep in mind that the term "naturalization" does not just apply to those who are becoming citizens, but to any foreign residents who are legally allowed to reside in the United States. This is the way the term appears to be used by Madison in Federalist No. 42 in his discussion of this clause, and English common law (of which much of our Constitution is a distillation) considered "denizenry," describing lawful residency in a nation by a foreign subject, to be part of the concept of naturalization, even when the alien in question was not granted actual citizenship. It is upon this basis that the United States grants to legally resident foreigners many of the same rights under our Constitution as citizens enjoy. Yet, Congress' ability to do this does not imply that these foreigners are automatically, or even eventually, naturalized as US citizens.
Hence, the sole power to determine our laws (and therefore policy) on naturalization resides with Congress – BOTH to determine who is allowed citizenship AND to determine who is simply allowed to be here. The President and the State Department do not have any constitutional authority over these areas, other than to simply execute laws passed by Congress and signed into law.
Notably in this case, Congress has NEVER approved the resettlement of Syrian "refugees" into America. Indeed, Congress doesn't even seem to have been aware that "refugees" were being brought into Louisiana until it was happening. Members of Congress are even now taking steps to prepare bills that will defund these resettlement efforts and ban them from happening. Obviously, Congress' will is not to resettle them. Which makes the President's actions completely, utterly, inalterably unconstitutional and illegal.
Now the left-wingers might argue that the states don't have the power to determine rules of naturalization, either. True, they do not. But what the states DO have is the positive constitutional right from Article VI to nullify actions of the federal government which are not pursuant to the text of the Constitution,
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..."
The Supremacy Clause is often thought of solely in terms of "the federal government always overrules the states." But, if you actually read what it says, it is not saying that. Federal laws (and its questionable that executive orders even qualify for that level of dignity anywise) must be made "in pursuance thereof" to the Constitution. If they are not, then the states are free to adjudge them as unconstitutional and of no force or authority. The Supremacy Clause actually cuts both ways.
What this means is that the states can certainly act to interdict unconstitutional resettlement of hostile foreign troublemakers into their states by executive actions that have no constitutional or legal standing whatsoever.
The left-wingers might then argue that the President can call up the National Guard to simply force the states to accede to federal action. This is actually unconstitutional as well, if done without congressional authority.
Among Congress' other enumerated powers in Article I, Section 8, we find,
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions."
As defined in 32 US Code § 101, both the Army and Air National Guards are,
"...that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive..."
The National Guard is "part of the organized militia" of the several states (though, we should note, not the ONLY part). As such, to call out the National Guard requires congressional approval. The President, constitutionally speaking, doesn't simply get to call up the National Guard on a whim to use however he sees fit. Indeed, per Article II, Section 2 of the Constitution, the President is only considered to be the Commander in Chief of the Militia after it is called into the "actual service of the United States." Considering that Congress is in the process of trying to stop precisely what Obama is now doing, it's unlikely he'll get congressional authority to call up the states' own militias to use against them to force them to acquiesce to the introduction of a hostile invasion force of foreign savages into their own territories. If nothing else, the states in question can simply refuse to allow the President to call up the Guard without congressional approval. In this situation, there is no justification for calling out the militia anywise – no actual law is being broken by the governors (as none was passed, and the President's actions constitute an illegal overstep of his constitutional authority) and the governors' actions are actually working toward the end of repelling an invasion.
What needs to happen – and hopefully what will happen – is that these governors need to stand firm and not give in to the manufactured "public opinion" pressure that will be invented by the news media. The majority of Americans – and especially those living in the states led by these governors – do not want America to be overrun by hostile foreign savages as Europe foolishly allowed itself to be. We don't want our country turned into a wretched hive of Islamofascist fanatics, rapists, and murderers. And it is WE to whom these governors are accountable – not to the seditious and anti-American foreign lobby represented by Pres__ent Obama and his cadre of insurrectionists in Washington, DC. Hold fast, governors, and do the job of protecting the American people that our federal government refuses to do!
© Tim Dunkin
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