He has a point. California can pass all the laws they want about how to enforce, but they can’t do anything about federal laws on the books. The LA Sheriff’s Department can still enforce those. The state of California has no legal grounds to stop them as state nullification of federal law is dead constitutionally.
It was my understanding that local LEOs have no authority to enforce federal law unless specifically granted that authority by the feds. Isn’t that one of the big issues with immigration enforcement?
I know all the drug cases here by local law enforcement are prosecuted under state law and in state court, and I thought that was the reason. Am I wrong?
“Like the law or not, its still his job to enforce it.”
It is his _job_ to enforce constitutional laws. Not enforcing _unconstitutional_ laws is called “upholding your oath”. Not that I expect Holder to actually do that (uphold his oath) except by coincidence.
The problem with Prop 19, as glorious as it might be for stoners, is that it appears to have been written by stoners and includes the phrase, “no person shall be discriminated against or denied any right or privilege” for pot use – which invites a lawsuit every time an employer tries to require a drug test. Stupid stoners.
October 20th, 2010 at 9:40 am
He has a point. California can pass all the laws they want about how to enforce, but they can’t do anything about federal laws on the books. The LA Sheriff’s Department can still enforce those. The state of California has no legal grounds to stop them as state nullification of federal law is dead constitutionally.
October 20th, 2010 at 10:09 am
Like the law or not, its still his job to enforce it.
October 20th, 2010 at 10:24 am
Jeff- The LASD get arrest powers from the state, they are not federally sworn. They can not arrest for federal crimes.
October 20th, 2010 at 10:36 am
It was my understanding that local LEOs have no authority to enforce federal law unless specifically granted that authority by the feds. Isn’t that one of the big issues with immigration enforcement?
I know all the drug cases here by local law enforcement are prosecuted under state law and in state court, and I thought that was the reason. Am I wrong?
October 20th, 2010 at 12:21 pm
“Like the law or not, its still his job to enforce it.”
It is his _job_ to enforce constitutional laws. Not enforcing _unconstitutional_ laws is called “upholding your oath”. Not that I expect Holder to actually do that (uphold his oath) except by coincidence.
October 20th, 2010 at 2:09 pm
The problem with Prop 19, as glorious as it might be for stoners, is that it appears to have been written by stoners and includes the phrase, “no person shall be discriminated against or denied any right or privilege” for pot use – which invites a lawsuit every time an employer tries to require a drug test. Stupid stoners.
October 20th, 2010 at 6:45 pm
And this is a surprise coming from a california cop???