Monday, January 4, 2010

West Virginia and Other States Can and Should Nullify This Law

The above link takes you to a Washington Examiner story that should scare the heck out of any good American of any party.
First of all, what is the purpose of allowing Interpol more authority and latitude than we would allow the FBI? Why do they get full police power within our nation when they are accountable to no one? Regardless of Obama's reasoning, state governments need to move fast and nullify this unconstitutional and dangerous Executive Order by Il Duce.
How can states nullify an executive order? First of all, presidents do not have any constitutional basis for issuing them in the first place. In the past they were seen as expedient ways to handle important issues, but have in recent decades grown into presidential directives with the force of law. Constitutional regulation of such orders needs to happen, but until then, they have no basis in law except for the fact that people needlessly obey them.
Granting sweeping powers to Interpol also violates states rights. An international police authority that is completely unaccountable can arrest American citizens and remove them from the country now as far as Obama is concerned. The Tenth Amendment, among others, forbids the president from cededing away these powers that belong to states first and foremost.
How can states retaliate? First they need to pass a law specifically nullifying Obama's action. Federal agencies are protected by the Supreme Court decision McCullough v. Maryland, but not Interpol. States have no limit on the legislation they can pass to hinder or outlaw Interpol. Second, all Interpol agents should be required to register with the state police, city or town chief of police, and county sheriff depending on where they want to operate. Their actions should be subject to supervision by local magistrates and circuit court judges. They should have no powers of arrest or transport. Any Interpol agent that breaks these laws would be subject to criminal prosecution and a minimum term of imprisonment in a state facility. In other words, they can do what any other foreign visitor can do, just under more strict supervision from state and local authorities.
Finally, Interpol agents would be subject to Castle Law provisions. Come into someone's house and you get shot. Period.
Obama's action was unconstitutional and will be unpopular. Even worse, it is inexplicable and highly dangerous. It is an end run around our rights as Americans. States need to assert their rights on this issue by telling Obama and Interpol that their violations of the Constitution shall not be tolerated. Obama has no constitutional basis for his action. His incompetence in not even securing window dressing for this action demonstrates his contempt for our country, its laws, and its traditions.

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