http://www.wnd.com/index.php?fa=PAGE.view&pageId=67229

Okies tired of the feds overstepping that pesky constitution?

interesting but if this stunt is about Immigration Laws, they don't have a leg to stand on. The 10th Amendment applies only in issues not given to Congress, so if Immigration is their gripe as the story makes it sound then they don't have much of a position there. Congress has power over Immigration Laws in Article I, Section 8.

and the Commerce Clause probably applies as well with Immigration, transporting over state lines, etc.


Guess they feel emboldened since all 3 branches of govt. on federal level have such low approval numbers, the national mood may make it more feasible politically to get away with it.

GGniner Wrote:interesting but if this stunt is about Immigration Laws, they don't have a leg to stand on. The 10th Amendment applies only in issues not given to Congress, so if Immigration is their gripe as the story makes it sound then they don't have much of a position there. Congress has power over Immigration Laws in Article I, Section 8.

and the Commerce Clause probably applies as well with Immigration, transporting over state lines, etc.


Guess they feel emboldened since all 3 branches of govt. on federal level have such low approval numbers, the national mood may make it more feasible politically to get away with it.

Im certainly no constitutional expert...but...does congress have power over immigration or naturalization?

I applaud any action by the states to defy the power the fed. No secret here... that I destest the federal government.

The most relevant selections from Article 1, Section 8:
To establish an uniform Rule of Naturalization
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers

It looks like Congress has the Constitutional right to regulate both immigration & naturalization. It would be hard to see how Congress could regulate naturalization without also regulating immigration (unless they placed no restrictions at all on it) and the necessary & proper clause grants them the right. It seems reasonable to assume that the treatment of aliens, both legal & illegal, should be considered part of the rules of naturalization and would also fall under the authority of the federal government. This means Oklahoma is exceeding the rights & responsibilities granted to it by the Constitution.

This same separation of powers issue was at least part of the reason a similar sounding bill was struck down in California.

Fo Shizzle Wrote:Im certainly no constitutional expert...but...does congress have power over immigration or naturalization?

I applaud any action by the states to defy the power the fed. No secret here... that I destest the federal government.

yeah, jh gave good explanation. I have someone close to me who is a lawyer who got out of law school not long ago, who I run this stuff by. alot of what I use to assume from reading political stuff was somewhat challenged.

It could also fall under the Commerce Clause because the immigrants are involved in Interstate Commerce(crossing state lines)...

the truth is alot of the 'big govt.' stuff is Constitutional, given the Amendment process which was followed, which is why some Libertarians want to repeal several of the latter Constitutional Amendments which made things like Social Security legit.

GGniner Wrote:It could also fall under the Commerce Clause because the immigrants are involved in Interstate Commerce(crossing state lines)...

While I think you could make an arguement on the bastardized version of the Commerce Clause currently in effect, I don't think it would fit into the original conception of the clause (except possibly for the actual coyotes & other human trafficers). It was originally intended to prevent states from imposing duties & tarrifs on each other, rather than to give the federal government the right to regulate anything which might (or increasingly might not) happen to cross state lines.

We had an attorney here who was also an Admin. He quit.

Nice. glad to see my state finally do something right for once.

Hell yea!

Now if they'd just not be insane about not letting 3rd parties on the ballot and not allowing write ins ....

georgia_tech_swagger Wrote:Hell yea!

Now if they'd just not be insane about not letting 3rd parties on the ballot and not allowing write ins ....

one step at a time. remember we aren't the fastest folks.

GGniner Wrote:

Fo Shizzle Wrote:Im certainly no constitutional expert...but...does congress have power over immigration or naturalization?

I applaud any action by the states to defy the power the fed. No secret here... that I destest the federal government.

yeah, jh gave good explanation. I have someone close to me who is a lawyer who got out of law school not long ago, who I run this stuff by. alot of what I use to assume from reading political stuff was somewhat challenged.

It could also fall under the Commerce Clause because the immigrants are involved in Interstate Commerce(crossing state lines)...

the truth is alot of the 'big govt.' stuff is Constitutional, given the Amendment process which was followed, which is why some Libertarians want to repeal several of the latter Constitutional Amendments which made things like Social Security legit.

Im under no delusion that those the federal govt. people will give up their power using political means. Only when the serfs withdraw their financial support in mass civil disobediance will any significant change occur. As long as they have the "guns and robes" the surfs are powerless.