Arizona Has A Case (Short Of Secession) For Billions In Damages From Uncle Sam
By JOSEPH R. EVANNS AND EGON MITTELMANN
Posted 08/03/2010 06:23 PM ET
In federal lawsuits, defendants may answer litigation filed against them with a counterclaim against the plaintiff for damages or other relief.
The Constitution of the United States mandates at Article 4: "The United States shall guarantee to every state in this Union a republican form of government ... that the United States shall protect each of them (the states) against invasion and ... against domestic violence." (Emphasis added)
"Republican form of government" is defined as a republic that is a system of government in which the people hold sovereign power and elect representatives to exercise that power.
To "guarantee" means to warrant or undertake that something has happened or will happen. The term "invasion" is (regarding a country or territory ) a hostile incursion.
The term "shall" used in the third person singular denotes an imperative, without discretion or choice. Thus, the phrase "shall guarantee" leaves no wiggle room.
Remedies for breach of guarantee are damages (expenses incurred in repairing guaranteed product) or rescission (return of product for refund of purchase price — i.e., "money back" guarantee).
Recently, the federal government — the present regime in particular — has not only violated the guarantee of republican form of government and the pledge to protect Arizona from invasion and domestic violence, but has actively worked to achieve the exact opposite result.
By the federal government's determined resistance to enforcing existing federal law against illegal immigration and attempting to penalize Arizona for attempting to cope with illegal immigration on its own, the federal government has crassly flouted its obligation to guarantee a republican form of government for the state of Arizona.
One of the most effective means for destroying a republic is to bankrupt it and beggar its people.
This is what befell Rome, which went from a republic to what would now be called a dictatorship as a result of the financial drain on the country resulting from the empire.
In the case of Arizona, recent figures disclose that illegal immigration costs the state $2.5 billion annually. This amounts to approximately $400 for every man, woman and child in the state, which has a population of less than 7 million.
The federal government has not only filed litigation against Arizona, but informed an association of Arizona sheriffs that it intends to prosecute as an example at least one deputy for enforcing Arizona's anti-illegal immigration legislation (SB 1070).
There are reports the administration is seeking ways to cease doing business with Arizona and is encouraging other states to do the same, to exercise economic coercion on the state.
What do you think about this.
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