Vatic Note: I do believe the Obama white house, this time, has truly bitten off more than it can chew. The arguments here for this are compelling and actually very true. I hope this case is not heard by a neocon judge because the damage to the 10th amendment could be very damning if they rule against the state in their right to enforce all laws that the feds do not have the right to do.
Arizona Has A Case (Short Of Secession) For Billions In Damages From Uncle Sam
http://www.investors.com/NewsAndAnalysis/ArticlePrint.aspx?id=542468&obref=outbrain
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.
Arizona Has A Case (Short Of Secession) For Billions In Damages From Uncle Sam
http://www.investors.com/NewsAndAnalysis/ArticlePrint.aspx?id=542468&obref=outbrain
By JOSEPH R. EVANNS AND EGON MITTELMANN
Posted 08/03/2010 06:23 PM ET
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.
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