They're just going say that they're federal and not bound by state law, aren't law enforcement they're immigration enforcement, or that they're undercover.
In theory, the actual individuals are still bound by state law, but the supremacy clause allows federal laws made in pursuance of the US Constitution to preempt those state laws. Of course, these laws still need to be "necessary and proper" for carrying out an express power like regulating immigration. A law that is unnecessary or improper would theoretically not hold up in court. The same goes for executive action.
Perhaps the most infamous case of this was the Idaho manslaughter case against FBI sniper Lon Horiuchi for killing Vicki Weaver in the Ruby Ridge incident. His case was simply "removed" to federal court and dismissed under the supremacy clause (although this dismissal was later overturned narrowly when appealed).
I'm surprised this needed to be a law. Or wasn't already one?
Or maybe I'm just surprised that a group of law enforcement officers would decide, "Hey, we don't want people to know who we are," and decide to wear masks.
"…I think this is what the state of California is trying to do. Establish limits as to how much the federal government can do within the jurisdiction of the state. It's an issue of state sovereignty."
More of the Cold Civil War playing out. (Also see coastal states forming health cooperatives (?) so that their citizens can get COVID vaccines, etc.)
> They didn't ban criminals from wearing masks, they didn't tell criminals that they had to identify themselves," Bianco said while campaigning in Northern California on Friday. "Every single person that voted for that needs to be eliminated in the next election. Anyone that votes for those people are absolute idiots.
I question the intelligence of suggesting that police should be held to the same standard as criminals. "If the bad guys can do it, we should be able to do it!" Is a wild take.
The core tenet that makes someone the good guy is "we treat them better than they would treat us". It's so disappointing to see the people who are supposed to be the good guys advocating they should be able to be as cruel as the bad guys they exist to prevent.
Am I missing something?
> Bianco said while campaigning in Northern California on Friday. "Every single person that voted for that needs to be eliminated in the next election. Anyone that votes for those people are absolute idiots.
holy shit, "eliminated" is not the appropriate word here... what is wrong with this guy? (other than uncontrolled anger?)
I want to say this is good, but if you look at the "exemptions" for when law enforcement wearing masks is fine, it covers basically any and every possible scenario. So to me it just seems a performative act to make it seem like they are doing something while doing nothing at all.
Historically, establishing a right with exceptions then subsequently eliminating those exceptions has been effective method of effecting change in the US government system.
E.g. the famous Marbury v. Madison decision that effected no action in that instance but substantially shaped the relationship between the branches by establishing the federal court system's power of judicial review
I don't think the administration will care if their acctions break state law when they already blatantly ignore the supreme cours and the constitution every day.
I'm think they should be stopped, but i don't think this will be effective, we need to reflect deeply on why this is happening to create a coherent sound plan as how to stop and prevent it.
12 comments
[ 2.9 ms ] story [ 30.4 ms ] threadPerhaps the most infamous case of this was the Idaho manslaughter case against FBI sniper Lon Horiuchi for killing Vicki Weaver in the Ruby Ridge incident. His case was simply "removed" to federal court and dismissed under the supremacy clause (although this dismissal was later overturned narrowly when appealed).
Or maybe I'm just surprised that a group of law enforcement officers would decide, "Hey, we don't want people to know who we are," and decide to wear masks.
"…I think this is what the state of California is trying to do. Establish limits as to how much the federal government can do within the jurisdiction of the state. It's an issue of state sovereignty."
More of the Cold Civil War playing out. (Also see coastal states forming health cooperatives (?) so that their citizens can get COVID vaccines, etc.)
I question the intelligence of suggesting that police should be held to the same standard as criminals. "If the bad guys can do it, we should be able to do it!" Is a wild take.
The core tenet that makes someone the good guy is "we treat them better than they would treat us". It's so disappointing to see the people who are supposed to be the good guys advocating they should be able to be as cruel as the bad guys they exist to prevent.
Am I missing something?
> Bianco said while campaigning in Northern California on Friday. "Every single person that voted for that needs to be eliminated in the next election. Anyone that votes for those people are absolute idiots.
holy shit, "eliminated" is not the appropriate word here... what is wrong with this guy? (other than uncontrolled anger?)
Don't Feds have immunity to almost everything?
E.g. the famous Marbury v. Madison decision that effected no action in that instance but substantially shaped the relationship between the branches by establishing the federal court system's power of judicial review