Over the last couple of days, the Governor has been crying about Federal judges. Everything he is saying about them is true. They are out of control. They think they are the governors of this state. They think they have the power to tell the state how to run its operation. All of that is true. So what? Those things are not new. Federal judges have been out of control for at least 50 years, and they have had no regard for state government since at least 1936. So what?
In previous columns in this blog, in papers, and while I was in the Legislature, I have advocated that the state government, and particularly the Governor, tell the federal judges to take a very long leap off of a very high bridge. I have been ignored, because, as everyone knows, I’m am crazy, unrealistic, way too conservative, and I lack judgment.
I would have also saved the state a lot of headaches and a lot of money.
Today, another voice, obviously one who thinks himself very reasonable, not as crazy as Haynes, and certainly wise and judicious, has joined in my solo. We are now a chorus. Take a look at the blog of Joe Mathews on Fox and Hounds.
A short review of my articles on this blog reveals I said the same a month ago. Here’s the deal, the Governor will not be arrested by Federal marshals. It would be a gross invasion of state sovereignty, bad politics, and practically impossible. The CHP is charged with the Governor’s security. They couldn’t let it happen. It would be interesting theater to see the Federal Marshals face off against the CHP, but highly unlikely.
The state can’t be fined by the federal government under the 11th Amendment to the Constitution, and, quite frankly, their only remedy is to cut off federal funds to the state. What would that do? Send welfare recipients and illegal aliens to other states, when the state cuts the state’s giveaway to these groups, because they are no longer bound by federal requirement imposed on the programs.
More important than the political theater and the obvious benefits of such a program, it would create a long need showdown on federalism. It would be historical, and quite frankly, it is the right fight. Federal judges cannot let state prisoners go unless the state agrees, and the state doesn’t have to agree. It would be an interesting battle, and one that could redefine the relationship between the states and the federal government. I say, let’s do it. Those federal judges are crazy, they are out of control.
The Governor should stand up to them. Put your money where your mouth is Governor. There is at least one crazy former legislator who will stand with you on this.
October 25th, 2009 at 12:00 am
Ray & Joe , good ideas to throw out in the mix , The Governor, State Reps & County Sheriffs should avail themselves to there Oath & Responsibility of public trust that they have been given to uphold, and protect Ca from Unconstitutional Federal encroachment.
This is something I have brought to the attention of Sen. Hollingsworth & Beniot, Assm. Nestande’s offices , maybe it is a concept that deserves investigating to solve the Dingbat polices that have been bestowed on the citizens of Ca.
http://economics.gmu.edu/wew/articles/09/StatesRebellionPending.htm
“In 1994, the Colorado Legislature passed a 10th Amendment resolution and later introduced a bill titled “State Sovereignty Act.” Had the State Sovereignty Act passed both houses of the legislature, it would have required all people liable for any federal tax that’s a component of the highway users fund, such as a gasoline tax, to remit those taxes directly to the Colorado Department of Revenue. The money would have been deposited in an escrow account called the “Federal Tax Fund” and remitted monthly to the IRS, along with a list of payees and respective amounts paid. If Congress imposed sanctions on Colorado for failure to obey an unconstitutional mandate and penalized the state by withholding funds due, say $5 million for highway construction, the State Sovereignty Act would have prohibited the state treasurer from remitting any funds in the escrow account to the IRS. Instead, Colorado would have imposed a $5 million surcharge on the Federal Tax Fund account to continue the highway construction.
The eight state legislatures that have enacted 10th Amendment resolutions deserve our praise, but their next step is to give them teeth.”