Timothy Benton | Aug 19, 2019 | 0
King County Washington Declares War On ICE
In a move that is both troublesome and could set up a confrontation with the federal government had declared war on ICE, threatening any fuel company that agrees to fuel ICE planes, they are used to pick up and deport illegals, they will lose all contracts with the county. This has now gone from ignoring the law to outright rejection of it, thus sliding into the area of obstruction.
After a political hit piece was done by the University of Washington’s Center for Human rights, called for action against the federal government to take a step from passive resistance to active resistance, County Executive Dow Constantine issued an order that any company in King County caught fueling ICE flights will lose all contracts with the county. This directly affects the ability of ICE to perform their duties in this airport, one used in the last decade to deport 34,000 illegal immigrants.
“This is taking it to a new level,” said FAIR’s spokesman Ira Mehlman. “Sanctuary policies say that the local jurisdiction won’t cooperate with ICE. Here (Constantine) is taking it a step further and blacklisting companies that do business with ICE. This crosses the line probably into obstruction of Justice.”
While a state has the legal right to not enforce laws they object to, to have this go to court, face a challenge, something then that would have to be remedied in the federal courts. But make no mistake here, the state has no right not to follow federal law, in Cooper v. Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law “can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes …” Thus, state laws purporting to nullify federal statutes or to exempt states and their citizens from federal statutes have only symbolic impact.
The problem is this has gone from passive resistance, something we have seen, to active resistance, that puts the county, and County Executive Dow Constantine into open defiance of the law, and is actively acting to prevent ICE from performing their job. That is obstruction, one that ICE is taking action against.
The U.S. Department of Transportation Department sent County Executive Constantine what amounts to a cease and desist letter. Responding to Constantine’s executive order, DOT General Counsel Steven Bradbury wrote, “Federal law expressly prohibits the enforcement of any such directive.”
The letter states the 1978 Airline Deregulation Act “specifically bars local governments from prohibiting or restricting particular types of air transportation.” Also, the King County Airport has received $21 million in federal grants since 2012. One condition of the grant money is allowing the federal government usage of the airport.
States have a legal right to protest federal law, but they don’t have a right to say they will not honor them, the Supremacy Clause specifically states that federal law holds supremacy over state law, thus acting against federal law is an act of obstruction, and as such we need to start to demand that the government start charging these leaders acting in bad faith.
Today the left is teaching that the United States is a democracy, they are 100% wrong, the founding fathers understood that throughout history not one democracy has ever succeeded, they have always failed due to infighting within, thus they set up the Constitutional Republic, our laws take precedence over popular support.
There is a good reason for this, and we have seen the results. In the South, there were state laws in the 40s through the 60s that were in direct conflict with federal laws concerning racial equality, the states tried to say they had a right to act contrary to what the federal government dictated, this was overturned in Cooper v. Aaron in the federal governments favor.
The popular support or democratic support in the south supported segregation and racism, the law prevailed, we see the same thing going on now, states and counties think they have a right to act in opposition to US law, thus are setting up a confrontation with the federal government. If states don’t like the law they are left with a few choices; one is to challenge the law. Their second choice is to defy the law, this is more symbolic, will force the courts to step in, or they can cede from the union.
We have seen the last choice tried, we all know how that worked out in the civil war, I have little doubt if states tried this again, there would much of a different outcome this time, the federal government would take control of the situation.
It is time to take the gloves off, we need to demand that action be taken, if the states want a confrontation, then let them bring it until then, start arresting these seditious actors. I think the FAA should step in, decertify the King County Airport until they comply. You will hear howling, this is a major air hub, but if they are not going to abide by the law, why let them operate?