Wednesday, September 21, 2011

Re: The Sheriff Has More Power In His County Than The President Of The United States: U.S. Constitution U.S. Supreme Court ~ Quashes Obama’s Claim To “Supremacy Clause”

If you believe and accept that the Tenth Amendment has been
effectively and properly removed from the Constitution, that the Tenth
Amendment is a "dead letter," and that the Tenth Amendment has
effectively ceased to exist, then you will believe that Sheriffs First
has no constitutional foundation and the federal government is supreme
in everything it wants to do. Under this view, a person might well
think Sheriffs First "unconstitutional."

If you believe that the Tenth Amendment has meaning, that its presence
in the Bill of Rights cannot be simply blinked away, that the Tenth
Amendment must be given an equal seat at the table with the other nine
articles of the Bill of Rights, and that the states should fight for
recognition of the Tenth Amendment, then Sheriffs First is perfectly
within a rational constitutional structure of government and is an
expression of the proper relationship between the states and the
national government created by the states.

So, which end of the telescope do you use to view this important
states' rights question?

--------------------

Accusation: What about "qualified immunity"? Federal officers are
immune to state laws, aren't they?

Answer: "Qualified immunity" is basically the Nuremberg defense -
it's okay to murder 12 million Jews because I was ordered to do so by
my superior officer. That defense was debunked at the post-WWII
Nuremberg Trials and international law established then to forever
disallow that excuse for crime. (Were any jewish German soldiers
convicted?)

Principles of International Law Recognized in the Charter of the
Nuremberg Tribunal and in the Judgment of the Tribunal. Adopted by the
International Law Commission of the United Nations, 1950.

Principle IV
The fact that a person acted pursuant to order of his Government or of
a superior does not relieve him from responsibility under
international law, provided a moral choice was in fact possible to
him.
http://deoxy.org/wc/wc-nurem.htm

Try this thought experiment: A federal agent is driving down the
Interstate highway at 120 MPH when pulled over by a state's Highway
Patrol officer. As the HP officer is writing out the citation, the
federal officer tries to excuse his violation, "I'm a federal officer,
this is during my working hours, I'm going from one urgent work
assignment to another, and therefore I'm immune to your silly state
laws." The HP officer would respond, "Tell that to the judge."

When the federal officer tries that excuse on the judge, the judge
responds, "Mr. Federal Officer, we have a variety of laws in this
state, including laws to prohibit and punish for murder, rape robbery,
and against going over 75 miles per hour on the Interstate highway.
If you violate any of those laws while you are in this state, you will
be held to account, regardless of who your employer may be. Your
choices are to either pay the fine now or be escorted to jail. It's
up to you Mr. Federal Officer."

This hypothetical incident is corroborated by the outcome of Idaho v.
Horiuchi, when Boundary County Idaho prosecuted FBI sniper Lon
Horiuchi for manslaughter for shooting Vicki Weaver in the face
through an open doorway and killing her while she held nothing more
dangerous than her infant child in her arms. Federal attorneys
defending Horiuchi "removed" the case to the federal district court
and claimed qualified immunity for Horiuchi. The federal district
court granted a motion to dismiss based on qualified immunity. Idaho
appealed to the Ninth Circuit. The Ninth circuit reversed the
district's qualified immunity finding and remanded the case back to
Idaho courts for Horiuchi to be prosecuted for manslaughter under
Idaho law.

On Sep 21, 8:33 am, Travis <baconl...@gmail.com> wrote:
> **
>     <http://politicalvelcraft.org/author/volubrjotr/> The Sheriff Has More
> Power In His County Than The President Of The United States:
> U.S. Constitution U.S. Supreme Court ~ Quashes Obama's Claim To
> "Supremacy Clause"<http://politicalvelcraft.org/2011/09/21/the-sheriff-has-more-power-in...>
> *Volubrjotr <http://politicalvelcraft.org/author/volubrjotr/>* | September
> 21, 2011 at 02:09 | Tags: James
> Madison<http://politicalvelcraft.org/?tag=james-madison>,
> Richard Mack <http://politicalvelcraft.org/?tag=richard-mack>, Ronald
> Reagan<http://politicalvelcraft.org/?tag=ronald-reagan>,
> sheriff <http://politicalvelcraft.org/?tag=sheriff>,
> texas<http://politicalvelcraft.org/?tag=texas>,
> U.S. Supreme Court
> <http://politicalvelcraft.org/?tag=u-s-supreme-court>, united
> states <http://politicalvelcraft.org/?tag=united-states>, United States
> Supreme Court<http://politicalvelcraft.org/?tag=united-states-supreme-court>|
> Categories: barack
> obama <http://politicalvelcraft.org/?cat=60416>,
> government<http://politicalvelcraft.org/?cat=15986864>,
> gun <http://politicalvelcraft.org/?cat=348165>,
> obama<http://politicalvelcraft.org/?cat=376320>,
> political <http://politicalvelcraft.org/?cat=544>,
> politics<http://politicalvelcraft.org/?cat=398>,
> soetoro <http://politicalvelcraft.org/?cat=7050201>,
> subversion<http://politicalvelcraft.org/?cat=42964>,
> yes we can <http://politicalvelcraft.org/?cat=4051867> | URL:http://wp.me/psXSG-ctY
>
> The "supremacy clause" is dealt with in Mack/Printz, in which the U.S.
> Supreme Court stated once and for all, that the only thing "supreme" is the
> Constitution itself. Where by the powers, the Sheriff reigns supreme above
> the president. Does there remain any governmental Horatius who can stand in
> the gap; who can lead the [...]
>
> Read more of this
> post<http://politicalvelcraft.org/2011/09/21/the-sheriff-has-more-power-in...>
>
> Add a comment to this
> post<http://politicalvelcraft.org/2011/09/21/the-sheriff-has-more-power-in...>
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