Friday 21 May 2010

A State Before The Constitution

Arizona's immigration law is a statement of unprecedented accuracy that the Federal Government has no duty, authority, or capacity to protect our borders with neighboring nations. This is how relations were between the states themselves before the Constitution.

Per the Constitution

Article I, Section 8, Clause 3 establishes the federal government has exclusive power over naturalization, so much so that naturalization must be uniform, meaning it cannot be arbitrary and capricious, or otherwise unpredictable:

To establish an uniform Rule of Naturalization...

Let's see how the National Government of the United States defines “Naturalization,” 8 U.S.C., Section 1101, paragraph 23:

“The term ‘naturalization’ means the conferring of nationality of a state upon a person after birth, by any means whatsoever.”--http://www.law.cornell.edu/uscode/8/usc_sec_08_00001101----000-.html

First, notice there is no mention of the border of the United States. This indicates that there is no inherent relationship of the border to naturalization.

Second, “by any means whatsoever” is very broad, which means that for someone not to be a legal alien would require a willful and intentional avoidance of naturalization and a blatant disregard for America and our laws.

Understand that the national government has in fact created “an uniform Rule of Naturalization,” a consistent and predictable process for anyone who wants to live in America to achieve the “conferring of nationality of” the United States of America.

Thus Arizona, and the border, is being misused as a political issue, a victim of political application of the “substantial effects test.” National Government action to control the border is assumed, by the Washington Politicians, to be perceived negatively by the vast majority of the Hispanic Community. Anything that could “substantially effect,” in a negative way, the Politician’s ability to appeal to the Hispanic Community must, to the Politician, be avoided at all cost. This wreaks of national weakness when viewed in light of the Hispanic Community being the fastest growing community in the United States. Washington and politicians all over America are treating the Hispanic vote as a political “derivative,” a futures contract that the biggest “political speculators,” Washington Politicians, believe is best invested in by taking no action. Political insurance that nothing could in any way be applied by the Hispanic Community as a negative to the Politician and their expected lifestyle.

A Politician’s persistent emphasis, irrespective of party, is to get re-elected and maintain their seat of abuse of our power, to put politics before their primary duty to protect our unalienable Right to Life through securing our border and protecting us from those abroad who hate America.

Please know that I have nothing against people who want to serve this nation for as long as they wish, so long as it is in honor of We The People, to effectuate Our Will in securing our Unalienable Rights to Life, Liberty, and Pursuit of Happiness. Anything less is deserving of our Sovereign imposed term limit of voting against that politician as reprimand for the disservice they have done to our nation while abusing the powers of the Constitution. This abuse, and an exploitation of all American aliens, is what is occurring right now by the failure of the United States Government to enforce existing immigration law, as that enforcement upon illegal aliens is the “to establish” part of “an uniform Rule of Naturalization,” the enforcement of our laws is how establishment of uniformity is accomplished.

Lack of Uniformity Invokes State’s Rights

The physical border is a labor made physical property (achieved generally by war). Physical borders are affirmed by mathematical measurements that then are used in crafting law made property, by legislation designating a border that is also in agreement with the neighboring nation. Treaties tend to be these agreements.

And The 10th Amendment states:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

As we saw above “an uniform Rule of Naturalization” has nothing to do with borders as citizenship has only the physical property of a birth location within the borders. Naturalization is thereby not required.

There is also no provision in the Constitution granting specific power to the Federal Government to control the border, nor any provision prohibiting the states from doing so. This indicates that if a State and the citizens thereof believe a law, such as the Arizona immigration law, will help them to secure their border, that, as a State, they have every right to pass such legislation.

When one reviews the intent of the Arizona Law one finds a State providing the manpower and capability to enforce the Federal Immigration Law in their State at the State’s own expense. Additionally, if a greater number of states pass similar legislation, the National Government is being assisted in achievement of the “uniform Rule” requirement of Article I, Section 8, Clause 3. And please note too, that “Federal Government” means government by both the individual States and the National government together, as that is our “federal system of government.”

Behold the Legislative Intent of the Arizona Law

“The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”

And further...

“A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

“B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

“C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.

“D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT AGENCY.”--S.B. 1070, http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf (Emphasis mine.)

The Arizona Law, which is based on the National Government Law, is the ultimate assistance the National Government and its 13 trillion dollar debt need.

By its language, the Arizona Immigration Law is consistent with the Federal Constitution‘s requirement of “an uniform Rule of Naturalization.” Almost word for word this law is a copy of the immigration law passed by Congress with one exception: lawful contact. The National Immigration Law is where local police are authorized to ask for papers without already having lawful contact with the person, meaning it is the National Immigration Law and not the Arizona Law that does all the terrible things Nancy Pelosi says the Arizona Law does. It would seem Janet Napolitano, Eric Holder, and their boss President Obama, fell for their own propaganda that the law is an exact word for word duplicate of the National Immigration Law.

It also must be said that the Arizona Immigration Law does not demonstrate any attempt by the State of Arizona to enforce immigration law in protest, usurpation, or in any other way without the National Government, and that the Arizona Law is only in support of the National Government’s Constitutional authority under Article I, Section 8, Clause 3. The Arizona Law is to effectuate a public policy that recognizes and addresses a desperate need to enforce Federal Immigration law, particularly where, by politicization, the National Government has asserted the 5th Amendment to do and continue doing nothing. This is an act of silence that effectuates a measurable result of 465,000 illegal aliens in Arizona. This testimony by omission (action by failure to act) is the significant basis for passing laws to help, to cooperate with the National Government.

And it further must be said that, when the National Government that has a power delegated to them and fails to enforce its own laws in support of that power, the National Government then relinquishes such power back to where the power originates, the States or the People.

More on the Uniform Rule of Naturalization


With Naturalization, and all other enumerated Constitutional Powers, there is a mandatory non-discretionary duty upon the United States Government to assure use of theses powers in a manner consistent with their purpose in being delegated. Naturalization requires that all aliens in this nation have had “the conferring of nationality of” the United States upon them “after birth, by any means whatsoever” or the National Government will have failed “to establish an uniform Rule of Naturalization.” This failure is what has occurred in Arizona for more than 15 years, to which Arizona is responding as an individual State honoring their duty, as a State of the Union, to assist the National Government.

The National Government’s need for help is emphasized by our government having an entire system designed specifically to identify those who are here legally and those who are not. We would not have this system and the documentation thereof, a green card, with legal requirement the documentation is to be carried on the person of a legalized alien unless the purpose of such documentation is to be available for presentation on demand.

The lack of action by the National Government, due to the politicization of the immigration issue, has brought the federal government to impotence in regard to naturalization, as a limbo has been created by inaction that only serves to protect those not legally in the United States.

Thus, pursuant to the United Stated Code definition above, the National Government is acting in violation of Article I, Section 8, Clause 3 by not enforcing the National Immigration Law. The National Government is failing to assure all aliens in this nation are in possession of a green card, a direct violation of the “uniform Rule” requirement of the clause by the National Government. “Uniform Rule” makes it incumbent on the Federal Government to enforce the law without question, particularly in light of the idea “we are a nation of laws and not men.” and “there is no one above the law.” The Constitution is the often-stated (or oft-quoted) source of these notions, and the Progressives who remind us of this need to remember this same position in the application of Naturalization to those here illegally, regardless of their number. It is an outrage that these Washington Elite Progressive Politicians always remember to mention these ideas when scolding financial institutions, the insurance companies once they opposed healthcare, and, whenever there is need to bring back into lockstep line, the political forces that helped the President gain election, for then these very same Politicians forget this principle for sake of the same manipulation of political forces. There is no integrity to their cause, just myriad negotiations in patronage, so long as political office, and the Politician’s seat of abuse of power, is retained.

Now to those who say, in relation to Mexican immigrants, “but they just want to work, to do the jobs Americans don’t want” or “look at the violence there, these people can’t make an honest living in that environment, and that’s no place to raise their children,” please explain why these people don’t immediately ask for sanctuary? You’d think the plethora of immigration lawyers, whose job is entirely created by this uniform Rule of Naturalization, would make sure that those here illegally are well versed in applying for sanctuary!

However, for once it may be an issue that has nothing to do with the lawyers, and instead it is that these people crossing into America from Mexico, aren’t interested in asking for the opportunity to be a part of the Sovereignty of this nation, and instead, wish to assume this land belongs to them, maybe even as a debt owed by us, the jobs they take here being the tip of the iceberg and some sort of recompense in their eyes?


Image: http://www.projectshiningcity.org/images/Immigration_Protestor416.jpg


Hence the whole idea of this uniform Rule of Naturalization: provide, as we do for native born American Citizens, equal opportunity in regard to becoming an American, which the national law does provide when you look at the definition of “naturalization” (above) and the lack of defining a specific means by which citizenship is to be conferred. As Americans, let us be clear in our American Pride and recognize that the issuance of green cards, and/or other instruments, which an alien is to present when inquired of, that these instruments are intended to be displayed with pride because that alien is being asked to demonstrate Citizenship, that they are an American. What could be a greater honor, as a legal alien, than to show the world that this great honor of being an American has been conferred on their person by the United States of America? These instruments and any request for their presentation violate nothing in the Constitution, particularly where the law provides for their issuance to the person upon conference of nationality of the United States by “any means whatsoever.”

Let’s make sure to note that the primary purpose of naturalization is to cause the person applying achievement of the full authority to enforce the prohibitions on the National Government that are made by the Federal Constitution. This current system of Naturalization beholds the legal alien as one “endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness.” Legal aliens have the legal authority to be counted amongst the multitude who are the Sovereign of this nation, and protected by the limitations of intrusion in their lives placed on the National Government, people who can subject the government to be held accountable to the Constitution and express re-statement of existing rights the first Ten Amendments represent. The legal alien is one of We The People who instituted a National Government to secure Our unalienable Rights. This is what the green card represents and apparently the Progressives want this to be given to those who do not respect our laws by applying to achieve this themselves--Naturalization by Nannystate.

To be an American, is not a minor power, and it is an absolute confusion of the national government to take the position they are handing out citizenship and not the inclusion of legal aliens as part of those who created the National Government, with all the unalienable Rights that come with being an American.

This lack of the National Government to take direction from the Constitution is the only reason this issue is pressurized, controversial, and political, as, Constitutionally, the matter of Naturalization is settled.


Thank you for reading,


Toddy Littman


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