Saturday 21 November 2015

GITMO, Governors, & Refugees

Liberalism/Progressivism is a world of unicorns, fairies, and the religion of humanism, all wrapped in a ball of fantasy and unreality, so it is in that vein I write this, though with hope and therefore a conservative and pro-American approach to the Syrian Refugee Crisis.

Here’s an idea for GITMO, the President's big thorn of agitation he plays with over the course of his Presidency, using it to make the public restless and pressurize political oppositions... What if we made GITMO the new Ellis Island for Syrian Refugees (By my plan the “GITMO Multi-cultural Humanitarian Refugee Crisis Relief Center”)? Now if you're thinking I want them detained and held in cells, if they are muslim/islamic terrorists, jihadists, then of course I do, but let's face the way this can work otherwise.

This is how it would go: Airline lands in GITMO loaded with Syrian Refugees. These mostly muslim men disembark the plane and are given clothing, a cot and a tent, with directions to the facilities (showering, restrooms, etc.) and where not to go, along with knowing there is an imam on the premises to discuss whatever they wish to discuss with them. The women are given the same for themselves and each of their children. Medical and dental exams are performed to assure the safety of all of the Syrian Refugees.

Of course there are more overt methods that will be available, but by merely taking these people to GITMO there will be subtle, nuanced methods taking place in merely providing food, clothing, and shelter, with medical exams that establish for certain those with explosives on their person (or not), and providing the opportunity throughout the vetting process for the refugee(s) to show their allegiances (whether actually a refugee seeking asylum, or an islamic terrorist seeking to act for whatever group they are a part of in Syria, or elsewhere, for that matter) and all without ever setting foot in the United States. Congress must establish set targets of numbers of people to be vetted at GITMO, for each of them will provide information that will be forwarded to everyone who would be involved in vetting a person applying for a visa because that's what will be the end result, a grant of asylum by giving them a six-month visa to stay in America.

Mind you, this entire vetting process could take years, and though that's an expense, I believe it's far less expensive than losing another life, another drop of blood to islamic terror. Of course, during this process we regularly speak to nations in the area of the Syrian Refugee's origin, those more culturally inclined to accept them and see if the refugee would rather go there than stay in GITMO, again at American expense, to assure our safety, the number one priority and purpose in having the National Government in Washington, D.C.

As for the Governors, there is little Constitutional Authority to reject Syrian Refugees and that is because you weak and no backbone States have accepted the Supremacy Clause of the Constitution for the United States of America as dictated by SCOTUS (Supreme Court of the United States) and not as intended by Our Founders. This situation results from national government using administrative processes to bypass Constitutional limits imposed on every branch of the National Government, administrative-governed national government and quasi-government agency interpretations of the Constitution and laws of the United States – And this is why the States have little if any influence, let alone authority, to say “H*ll No!” to the National Government, the States have allowed themselves to be superseded by administrative law.

To remedy this situation, Governors and State Legislators need to do for public safety what California did for the “enjoyment of religion,” as a guarantee to their citizens:

“Amendment ## to the Constitution for the State of __[Fill in the blank]__, known as the State Guarantee of Public Safety Amendment, to wit:

“The State of __[Fill in the blank]__ guarantees to defend the Right of every Citizen of this State to safely live their lives, to pursue and enjoy their Life, Liberty and Happiness, without fear of terrorism, and hereby Amends the State Constitution to include this guarantee.”

Sure the language probably needs some cleaning up but an Amendment carrying forward the Spirit of Freedom in relation to public safety, the tenor of a government caring about its State's Citizens, and without any other Amendments or riders for political and party agendas is where the power and authority to reject Syrian Refugees, or any other threat to the public safety of their State, lies.

Now it's been a while since I was at the law library Shepardizing cases, and I mention this because the published cases represent 20% of the cases actually heard and dealt with by the courts, and though these are assumed for citation to claim case precedent, this low margin of the overall cases would appear not to do justice to the presumption that the published citable cases are the be-all-end-all of the meaning of America’s laws and Constitution. I bring up this to help educate on the significance of case precedent, but also as a bit of a caveat to my not having used the more centralized (and controlled) case law data systems developed since the time I was sitting with a Shepard's book Shepardizing what I am about to share from the California Constitution and what was mentioned briefly earlier:

“SEC. 4. Free exercise and enjoyment of religion without

discrimination or preference are guaranteed. This liberty of

conscience does not excuse acts that are licentious or inconsistent

with the peace or safety of the State. The Legislature shall make no

law respecting an establishment of religion.” -- Emphasis mine, http://www.leginfo.ca.gov/.const/.article_1

When I Shepardized this California Constitution Section I found 2 cases whose certiorari (writ of review) was rejected by the SCOTUS with explanation of why, which stood out to me that I'll try to state as accurately as I can recall:

“The Constitution of the State of California provides a guarantee of 'enjoyment' of religion. This guarantee exceeds the protections provided by the United States Constitution and therefore denies this court jurisdiction to grant writ of certiorari to review this case as presented to the Court.”

Again, there were 2 cases that the SCOTUS stated this as their reason for rejecting taking up their case on appeal. You can see why this would be remembered, and, as I continued my studies of history and the law I learned it was entirely valid and why, which is covered more thoroughly in other articles at http://changingwind.org and I won't get into here.

So States (State governments) who do not want and will reject Syrian Refugees (even if only to keep your political seats of power) I urge you to take up an Amendment to secure your right and authority to do so, one that stands for the right purposes and reasons for government: To protect their Citizens from harm.

God Bless you and thank you for reading and sharing this,

Toddy Littman

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