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September 17, Largely a Forgotten Holiday

By Harold Pease, Ph. D

This Sunday, September 17, is Constitution Day, arguably the most forgotten designated day in America. The mainstream media will say nothing of it. No parades or city council proclamations; nothing of it in the week prior in university classes. No three-day weekend, beer busts or barbecues in its favor. It is as though it never happened. Probably not one in ten can tell what happened on this day in 1787; it has been ignored so long.

But this day positively affected everyone in the United States and is probably the most important day in our history, the day that we institutionalized liberty in America. The day that the Constitutional Convention ended and the Constitution was sent to the states for ratification.

For nearly six thousand years of recorded history governments best described as regimental have dominated man. Only for a few fleeting moments in the past has individual man had anything to say concerning the restrictions leveled on him. Under an occasional benevolent monarchy or an unconcerned king, man has, in rare in­stances, been left to himself and thus somewhat free. And, even more rare were the instances when as in Athens, Rome or at Runnymede, the people, sometimes through persuasion and often by force, instituted changes allowing individual freedom to flourish for a brief time. Our experiment with liberty was one.

Still, until 1787 man did not know how to harness government. Liberty is, in fact, freedom from excessive government and the biggest enemy to individual liberty is, and has always been, government. But the Constitutional Convention, ending on September 17, did just this.

We abolished kings forever in favor of presidents selected by the state legislatures (before the 17th Amendment) for a short, but defined, period of time. We took away the presidents power to make decrees (even laws or rules) over us, allowing him, in a state of the union address to merely suggest changes, otherwise to sign or veto law made by the legislative branch.

The legislative branch, consisting of representatives for the states, (the U.S. Senate) to protect states rights from federal intrusion, and the peoples’ representatives (the House of Representative) to protect the people from federal intrusion, made ALL the law. Both legislative branches from different perspectives, had to approve every law imposed upon the people and all law had to adhere to the constitutional list (Article I, Sec. 8, Cla. 1-18).

Historically, the two areas most sensitive to the people were excessive taxation, as all monies expended were extracted from the people, and unpopular wars, as all injuries, deaths, and suffering was absorbed by the people. Under the Constitution there can never be an unpopular war as the peoples’ representative (The House of Representatives) have total power over raising and funding the army. They must consent to the war by declaration (because they provide blood and brawn for it) and they alone authorize the treasure for it (Art. 1, Sec. 8, Cla. 11). “All bills for raising revenue shall originate” with them (Art. 1, Sec. 7, Cla. 1). The Constitution, if followed as designed, ended for all time both unpopular taxes and war. We became the first nation in history placing the people in charge of both. Moreover, funding for war could not be extended for more than a two-year time period, thus requiring that the war remain the will of the people (Art. I, Sec. 8, Cla. 12).

The Constitution is marked by four divisions of power the first, and most important, being between the states and the federal government with fear of a national government dominant. Our Founders, under the new concept of federalism, allowed two governments to co-exist, neither to be over or under the other, with primarily external issues governed by a federal government and internal issues by the states—like a marriage—equal partners. All power not specifically listed in the Constitution remained with the states. The federal governments powers were listed in Article I, Section 8, Clauses 1-18 or what the states agreed to give them later, but anything thereafter added by amendment required 3/4th of the states to approve (Article V). It was decidedly a limited government from the outset with few federal laws restricting the individual.

The other three divisions divided power at the federal level. Separation of powers with one body, the legislative branch, making federal law, another, the executive branch enforcing it, and a third, the judicial branch, adjudicating it, is basic to the Constitution. But none of these branches were to legislate, execute or adjudicate in a manner to erase or undermine the first division of power between the states and the federal government. No Founding Father supported this.

The Bill of Rights, demanded by the states as a condition of their ratification of the Constitution, further restricted the federal government in many areas. Amendments thereafter 11-24, approved by 3/4th of the states, altered some parts of the Constitution. Still, the federal government remains limited and on notice to remain subservient to the people.

The Constitution remains an enemy to big government, largely supported by both political parties and liberals and conservatives alike, because big government is an enemy to individual liberty. Perhaps this is the reason so few wish to honor it or bring attention to it on Constitution Day. Americans might awaken to their extensive loss of liberty.

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

Trump Returns Power to Congress Over Illegal Immigration

Harold Pease, Ph. D

The Deferred Action for Childhood Arrivals (DACA) program created in 2012 by executive order by then President Barack Obama was 100% unconstitutional; he knew it when he did it, as does everyone who seriously studies the Constitution. He broke the law.

Separation of powers with one body making the law, another enforcing it, and a third adjudicating it, is the most basic principle of the Constitution. In it “all” federal law originates with and is processed through Congress with the President having only the authority to sign or veto law made by Congress and thereafter obligated to enforce all law processed in the same manner, whether he agrees with it or not.

In every presidential inauguration we listen to him pledging by oath to be obedient to it: “I do solemnly swear…that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States” (Article II, Section 1, Clause 8). Making his own law, or refusing to enforce existing law coming through the same process, are grounds for impeachment.

Only Congress can make law (Article I, Section 1). Executive orders that have the force and effect of law are entirely unconstitutional. Those supporting the Constitution must oppose made-up law by a single person regardless of political party or personal agreement with the action. That is how law and order breaks down and chaos, even revolution, results.

Obama’s having done so was one of the most willful violations of the Constitution in U.S. History and, as indicated, certainly grounds for impeachment, but Republicans were afraid to pursue this course. Congress had repeatedly failed to pass legislation creating a way to assimilate children of illegal aliens who, through no fault of their own, only know this country. Still, returning illegal immigrants to their own country was/is the law of the land that every president, member of Congress, and elected official, state or federal, takes an oath to uphold. Obama violated his oath of office by not enforcing the constitutional law of the land, as would President Trump, if he did not return “ALL” legislative powers back to Congress by not renewing the unconstitutional DAPA program.

Attorney General Jeff Sessions correctly stated, “In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions … Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.”

Immigration law was specifically placed with Congress, which was given the power “to establish an uniform Rule of Naturalization” (Article I, Section 8, Clause 4). Clause 18, of the same section, states, Congress shall have the power “to make all laws necessary and proper for carrying into execution the foregoing Powers.”

The supreme law of the land for immigration is called the Immigration and Nationality Act (INA). Section 274 of this titled—Bringing in and Harboring Certain Aliens—requires fines and/or imprisonment of anyone who aids and abets illegal aliens.

Any person who “knowingly” attempts to bring in an alien, has knowledge of, attempts to transport an alien within the U.S., “conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; …shall be punished.” Punishment is “for each alien in respect to whom such a violation occurs.” All offenses bring a fine “under title 18, United States Code” and/or imprisonment ranging from 5 to 20 years depending upon the seriousness of the offense.

Illegal immigration law is clear and perhaps too harsh for the children of those who willfully broke the law. Still, many of those brought into the country as children are now adults and this may be the only country they know because of Congress’s inability to build a wall previously and seriously enforce existing law, which is hard to do when the president is the largest violator.

Obama did not take well the news of President Trump’s returning the decisions on immigration to Congress. He referred to it as “self-defeating “ and “cruel.” But it was he who violated existing law and gave these people false hope. In this sense he must share in the accusation of having been cruel. And he now is solely responsible for the anti-Trump rallies on having ended DACA.

Democrats have been successful in persuading illegals, by seemingly offering benefits as they cross the border, that their only hope is through them. Republicans may have a rare opportunity to break this trend and appeal to this group of about 800,000 by allowing them a path to citizenship. This is not to suggest sympathy to the parents but to the children who otherwise have no reason to explore any other political party.   Trump, by allowing the DACA program a six-month extension, instead of immediate closure, which he could have done, has given Congress an opportunity to give these people a home in the only country that they know. This is wise on his part because if Congress does not now respond they alone are to blame—not he—as it should be. It is also constitutional.

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

“The Constitution is a Shield from the Tyranny of the Majority”

By Harold Pease, Ph. D

“The Constitution is a shield from the tyranny of the majority,” so said U.S. District Federal Judge, Roger Benitez late last June when he blocked one of the most horrific laws yet to damage the 2nd Amendment of the Bill of Rights—even in California dominated by one political party and one political ideology. A California referendum, potentially making thousands, perhaps millions, felons, was to go into effect July 1, 2017.

In California gun magazine sales have been limited to ten rounds for the last 17 years but persons already in possession of magazines exceeding this number could keep them as grandfathered in. The state reneged on this last November when Prop 63 required owners to get rid of them or the state would seize them and punish owners with fines up to $100 per magazine or up to a year in jail.  Gun owners were given options for disposal: turn them in to law enforcement for destruction, destroy them themselves, remove them from the state and/or sell them to licensed firearms dealers.

Fortunately, Judge Benitez blocked this measure doing so mostly on the basis of three arguments: the Second Amendment, just compensation, and “criminal law trapping.” On the last, he wrote that the new law made it harder “for people of common intelligence who desire to obey the law,” to comply. And, it gave “hundreds of thousands, if not millions, of otherwise law-abiding citizens an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property… That is a choice they should not have to make.” Moreover, he wrote, it “burdens the core of the Second Amendment by criminalizing the mere possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state.” The Constitution, he said, “is a shield from the tyranny of the majority.” Sixty-three percent of Californians had voted for this.

We might emphasize the state cannot confiscate legally purchased property. This constitutes theft when not “for public use,” which thievery is amplified many times when taken without “just compensation,” as when the state mandates taking property “for public use,” as in building roads (Amendment V). This is the only part of the Constitution that permits property confiscation but it houses two qualifiers, it must be “for public use” and it requires “just compensation” to the property owner. Neither condition is met in the case of magazine confiscation.

This referendum on magazines, which, like ammunition, makes the gun operable, has resulted despite the clear language in the Constitution prohibiting government infringement on a citizen’s right to bear arms. The anti-self defense crowd despise the following language found therein, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

There exists no sentence in the Bill of Rights, an amendment required by the people/states conditional upon their ratification of the Constitution, which was more understood at the time. A militia then was the people and an armed populace was understood to be necessary for a free country in two ways: an armed populace could assist the military against foreign invasion, and/or would be in place should the biggest enemy to liberty be one’s own government.

Certainly, when enacted, there was no thought of restricting the type of firearm, amount of ammunition, or where, or who could carry. So its placement as the second most valued freedom in the Bill of Rights had nothing to do with personal safety, or hunting, these were already assumed. Founding documents show it specifically placed right after freedom of religion, speech, press and assembly to make certain that these freedoms were never taken from us. It was aimed (no pun intended) squarely at the government should it become tyrannical as before under the British. But certainly we need have no fear of the government today? Given California’s new gun laws, perhaps we should.

Imagine how restricting magazines, ammunition and etc., that California has imposed on its people, might emasculate citizens in their ability to assist the military against a foreign invasion (as in the case of citizens stopping the British invasion in the Battle of Saratoga) and/or to oppose our own government (the king and parliament at one time) should it become tyrannical as in the American Revolution. Our Founders did not deny future generations the same means of resisting tyranny that they themselves used.

California’s Prop 63 violates the Second Amendment, which placed bearing arms off-limits to government and used the strongest language possible, “shall not be infringed,” in doing so. Any referendum or legislation, state or federal, cannot constitutionally undermine or destroy an amendment to the Constitution.

So U.S. District Federal Judge, Roger Benitez stopped the latest California assault on 2nd Amendment, for now. Unfortunately the radicalized, infamous 9th Circuit will likely reverse his decision. If the Supreme Court chooses not to take the case its judgment will stand. If they do, Trump’s Supreme Court Appointee Neil Gorsuch, will likely provide the vote to save us from the new idea that confiscation of lawfully purchased items, can be constitutionally used to further damage the 2nd Amendment, but this time for the whole nation, not just California. Thank our Founders that their document shielded us from the tyranny of the majority.

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

The Constitutionality of Escalating War in Afghanistan

By Harold Pease, Ph. D

Few presidential candidates in the last seven years have campaigned more for pulling out of Afghanistan then Donald Trump so his decision to escalate the war in Afghanistan, 16 years after it began, is a shock to many who are tired of the globalist no-win and perpetual warfare, and in part voted for him to end it. His words resonated with most, “Afghanistan is a total and complete disaster.” In another, “Are they going to be there for the next 200 years?” In another, the U.S. had “wasted an enormous amount of blood and treasure.” And another, “What are we doing there? These people hate us … We’re a debtor nation. We can’t build our own schools, yet we build schools in Afghanistan.”

All of this remains true and irrefutable, even though Trump said that viewing this war from the Oval Office prompted his reversal. War Hawk Senators Lindsey Graham and John McCain, former political enemies, now love him as do many globalists. His having surrounded himself with generals, John Kelly, H.R. McMaster and James Mattis (more military influence in the White House than in decades) is said to have influenced this change. Certainly “the industrial military complex,” as warned by Eisenhower before leaving office in 1961, is well in place around him.

The Afghanistan War has cost us over a trillion dollars in treasure and 3,539 coalition soldiers and is now the longest war in U.S. History. Nothing in the Trump Presidential Speech of August 21, 2017, changes any of this. Adding some 4,000 new U.S. soldiers to the 8,400 presently there, together with another 6,000 from NATO countries, is not likely to change what 16 years and two prior presidents could not.

But all of this would change if prior presidents of both political parties, and now Trump, took their oath to “preserve, protect and defend the Constitution” seriously (Art. 2, Sec. 1, Cla. 8).  Military powers are housed under the Legislative Branch of the U.S. Constitution (Article I, Section 8, Clauses 9-17). These include all power to declare and finance war, raise armies, “make rules for the government and regulation of the land and naval forces,” and even determine the land that the military can use for training purposes. Nothing was omitted.

Under the Constitution there can never be an unpopular war as the peoples’ representative (The House of Representatives) have total power over raising and funding the army. They must consent to the war by declaration (because they provide blood and brawn for it) and they alone authorize the treasure for it. “All bills for raising revenue shall originate” with them (Art. 1, Sec. 7, Cla. 1).

Moreover, Congress was to monitor the war at two-year intervals through its power of the purse just described. “But no appropriation of money to that use shall be for a longer term than two years” (Art. I, Sec. 8, Cla. 12). If Congress is not happy with the progress of the war it can require the generals to account for why total victory has not yet been obtained and reduce or enlarge funding, with time restraints, to keep officers focused—even the president—and on a short lease with respect to the war declared.

Why did the president get none of this power? Because he “had the most propensity for war,” James Madison argued in the Constitutional Convention. Kings traditionally had sole power over the lives of their subjects. Not so under the Constitution. One man would never have such power. A declaration of war gave clarity to its beginning with victory or defeat its only ending. It could never be a casual thing as it is now.

In Afghanistan war transcended from attacking, to regime change, to nation-building, to policing their country for them. In fact, today it remains uncertain as to which nation is most responsible for 9 11. Fifteen of the nineteen hijackers flying into the World Trade Center and Pentagon buildings on that infamous day were Saudi nationals, as was Osama bin Laden. The country of Iraq had nothing to do with the attack, but received the first missiles in retaliation. Certainly Al-Qaeda dominated Afghanistan, but Saudi Arabia, who funded Al-Qaeda, got off scot-free.

The only constitutional power left by our Founders to the president is as “Commander in Chief of the Army and Navy of the United States… ,” notice this, “when called into actual Service of the United States,” which can only be done by Congress(Art. II, Sec. 2, Cla. 1). Otherwise the military functioned under Congress, not the president. The president’s power to make war (outside immediate self-defense as in the Japanese attack on Pearl Harbor) can only follow the legislature’s power to authorize war. Congress declared war on Japan the following day.

There was no declaration of war by Congress on Afghanistan (or any other country since World War II) calling into “actual service” the military. Nor is there a specific two-year funding limitation on war as constitutionally required. Moreover, Congress clearly has been nullified in making the “rules for the government and regulation of land and naval forces” in this no-end conflict.

Recent presidents have usurped all of the military powers of Congress unto themselves and Trump is doing the same. It is a dangerous slippery slope and clearly exceeds constitutional authority regardless of who inhabits the White House.

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

“I Fear Going to College”

By Harold Pease, Ph. D

Student unrest in many colleges last spring demonstrated what is becoming obvious; institutions of higher learning are becoming radicalized and project intolerance for anything but a liberal view. Too few permit conservative or libertarian speakers and far fewer a constitutional speaker.

I was not surprised, some years ago, to hear a mother share with me her son’s fear that he did not wish to attend college because he did not wish to be politically indoctrinated. Parents increasingly worry about the radicalization of their children as well. As the years go by I hear this more frequently. Often when asked my profession, a political science professor, I get that look, “Oh! You’re one of those.” So, the assumption is that professors, especially those in political science, are socialists or worse. But it is largely true.

College is supposed to be a big tent housing all types of thinking so that the student can gravitate to what he thinks best after all sides are presented. Although everyone gives lip service to this statement, there still exists a preferred philosophy. Most colleges insist that they adhere to the idea of intellectual diversity, but the literature suggest otherwise, that the vast majority of colleges and universities are weighted in favor of one ideology and professors to one political party. This is not hidden. Many political science textbooks acknowledge this.

There exists a consensus of what a “good education” consists. Students are immersed in race consciousness, feminism, multiculturalism, environmentalism, collectivism, globalism, political activism, class warfare, global warming, acceptance of sexual deviations as normal, and minimization of the importance of Christianity. The end product, the student, must come to accept the above script. It is also in virtually all textbooks. It’s not that any of these notions are bad, in and of themselves, but it is the nearly universal absence of the opposing view that is most troubling parents/students who do not want the indoctrination. All this reminds me of a 1960’s tune with lyrics. “Little boxes on the hillside. Little boxes made of ticky-tacky… And they all look just the same. And the people in the houses, all go to the university… And they all look just the same.”

It’s not fear of political science classes alone in most colleges and universities. Students can escape the indoctrination across the hall in a history or sociology class. Not so! Such bias permeates most academic areas. An English professor from a large Midwestern university, who did not wish to be identified because of possible retribution, spoke of English classes giving less emphasis on grammar, punctuation, or sentence structure and more on the political correctness. “Everything from Theater to Philosophy to History to English has, in effect, become sociology,” he wrote. “Teaching subject matter has become less important than teaching a very political perspective.” In the end, “They get taught the same thing over and over: a radical critique of the entire American social structure, an indictment of capitalism, anti-Christian propaganda, and collectivism over individuality.”

Of course, additional classes reinforce the “good education” and the result is that if students have not learned to think for themselves, or have some opposing information from home or church to think with, they graduate and carry the indoctrination into every segment of society as gospel. New teachers from kindergarten to the universities will pipe the same, or similar, message.

Age and experience may alter the indoctrination but the twig is already bent in a prescribed direction and the student, like the twig, will give first consideration to returning to the indoctrination when confronted with anything in opposition. Colleges have so much power over “right” thinking.

An extreme example of this years ago, was a French Language and Culture class at Penn State University that required students to view the Michael Moore film Sicko, which focused on the inadequacies of the U.S. healthcare system and promoted Obamacare. In a French language class!?!

The indoctrination begins immediately in some colleges, critics say, “with orientation where students begin by learning about the evils of ‘white privilege’ in a program called the ‘tunnel of oppression’ and sit through lectures informing them that they are part of a ‘rape culture’.” University of Delaware forced incoming freshmen to participate in a “treatment” program a part of which informed them that the word racism applies only to “all white people.”  It also “blamed whites for having created the term racism” in the first place “to deny responsibility for systemic racism.” At Hamilton College in New York, fall 2010, male students were required “to attend a ‘She Fears You’ presentation to make them aware of the ‘rape culture’ of which they were allegedly a part and of the need to change their ‘rape supportive’ beliefs and attitudes” (New American, Aug. 5, 2013, pp. 23-27).

No wonder the young man did not wish to be subjected to what he saw as indoctrination. Because he knows that there exist other views there is hope for him, more especially if he selects professors who attempt to give alternative views of which there are still many, he will be fine. This is especially true at the community college level. It is students who have no idea that there exist alternative views that are most in danger. Parents too, realizing the danger to their children, can better prepare them against the indoctrination.

 

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.

Constitution Absent for Woman Raped in Sanctuary City

By Harold Pease, Ph. D

The recent brutal rape of a 19-year–old woman in Burien, Washington, a Seattle suburb, declared a sanctuary city, has refocused attention on the constitutionality of a city protecting an illegal alien. The Constitution should have protected her.

But the issue is complicated by the Deferred Action for Childhood Arrivals (DACA) program created in 2012 by executive order by then President Barack Obama.

Constitutionally only Congress can make law (Article I, Section 1). Executive orders that have the force and effect of law are entirely unconstitutional; otherwise our separation of powers philosophy is seriously damaged.

In response, former Secretary of Homeland Security, Janet Napolitano, merely issued memos to border agents to not enforce immigration law on under-aged illegals crossing the border and those who were under 31 when the memos were sent. DACA allowed deportation to be deferred for two-year intervals, which could be renewed endlessly as long as illegals obeyed the laws of the land. If school aged they were expected to remain in school, if adults they were provided a work permit. Congress passed none of this and thus it encouraged evading existing law. Sanctuary cities help illegal immigrants evade the law by not enforcing it within their jurisdiction.

Those supporting the Constitution must oppose made-up law by a single person regardless of political party or personal agreement with the action. That is how law and order breaks down and chaos, even revolution, results.

The brutal rape leaving a young woman bloodied with missing teeth, a dangling ear and a broken jaw was reportedly committed by a 23-year-old illegal immigrant with DACA status. The aggressor and victim lived in the same complex but did not know one another. It was a clear act of unprovoked aggression. As a result the city of Burien is moving to revoke its sanctuary status.

Separation of powers with one body making the law, another enforcing it, and a third adjudicating it, is the most basic principle of the Constitution. In it “all” federal law originates with and is processed through Congress with the President having only the authority to sign or veto law made by Congress and thereafter obligated to enforce all law processed in the same manner, whether he agrees with it or not. In every presidential inauguration we listen to him pledging by oath to be obedient to it: “I do solemnly swear…that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States” (Article II, Section 1, Clause 8). Making his own law, or refusing to enforce existing law coming through the same process, are grounds for impeachment.

Moreover every public servant, state or federal, judicial or legislative, including city council persons, swear an oath “to support this Constitution” (Article VI, Clause 3) thus they, by refusing to support, are defiant to the document and should be removed by their constituents (even share some responsibility for the rape and beating). If they refuse to remove those not supporting the Constitution they too stand defiant of it. This issue is that clear.

But these are not the only parts of the Constitution that are damaged by the sanctuary city philosophy. Article VI, Clause 2 states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…, shall be the supreme law of the land; and the Judges in every State shall be bound therein…”   And, as mentioned, city officials are pledged to support the Constitution. Article I, Section 8, Clause 4 states Congress shall have the power “to establish an uniform Rule of Naturalization…” Only the federal government can make immigration law. Sanctuary cities have no constitutional base. Clause 18, of the same section, states Congress shall have the power “to make all laws necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the government of the United States, or in any department or officer thereof.”

The supreme law of the land for immigration is called the Immigration and Nationality Act (INA). Section 274 of this titled—Bringing in and Harboring Certain Aliens—requires fines and/or imprisonment of anyone who aids and abets illegal aliens.

Any person who “knowingly” attempts to bring in an alien, has knowledge of, attempts to transport an alien within the U.S., “conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; …shall be punished.” Punishment is “for each alien in respect to whom such a violation occurs.” All offenses bring a fine “under title 18, United States Code” and/or imprisonment ranging from 5 to 20 years depending upon the seriousness of the offense. If the alien’s presence “resulted in the death of any person” those assisting his presence in the U.S. can be fined, and/or, “punished by death or imprisoned for any term of years or for life.”

In the case of the rape and beating of the young woman in Burien, Washington, wherein the alien causes serious bodily injury … or places in jeopardy the life of, any person,” city officials assisting his presence could be fined, and/or, “imprisoned not more than 20 years.”

Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.