Marti Oakley (c)copyright 2010 All Rights Reserved

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The recent announcement by Hillary Clinton regarding the intent of the Obama administration to sue the state of Arizona had to have been one of the most singularly shocking moments in recent political crappery. (Yes! I made that word up! Get over it!)  I feel entirely guiltless for taking this liberty with the English language especially since so few people around me these days even speak the language, so who is going to complain about me making up a word?  Beside that, I doubt if there is any countering foreign language translation.

So, here are my thoughts on the intentions of Obama & Company and their planned legal assault on Arizona; a sovereign state. 

The US corporate government cannot sue the Arizona corporate government because Arizona, just as the federal corporation, has declared itself to possess sovereign immunity.  Just like the Fed, you can’t sue them without their permission.  My advice to Arizona is to just say “NO!” and go on about their business. 

Another option would be for Arizona to sue or counter-sue the Federal corporation for failing to adhere to its own US Code & Title, specifically Title 8 which specifically charges the Attorney General (that would be Mr. Eric Holder) for being derelict in his duties (and I would go after his predecessors also as they too failed to act to protect and defend that border).   I would wait for the federal government to file suit first as this would give Arizona access that might otherwise be denied if the state attempts to instigate an action first.  

Federal sovereign immunity is a defense to liability rather than  a right to be free from trial and with this in mind if I were Arizona, I would litigate the federal government into the next century.

Title 8 specifically charges the AG with defending both the coastal  and land boundaries of the US, especially against a sudden influx of illegal aliens.  As the AG’s office is now supposedly working with Homeland Security concerning the border, I would think the secretary of HSD would also be just as culpable.  That would be Ms. Napolitano.  The same Ms. Napolitano who recently declared HSD would be helping Saudi Arabia protect its border because of all the violence there. (Doesn’t this stuff just make you want to bang your head on the wall?)

If I were Arizona, I would also be looking to recoup monetarily for the damage to the state resulting from the refusal by either or any of the aforementioned federal corporate officers, albeit, via their silence, to the Arizona economy and on behalf of the citizens who have been terrorized, murdered and kidnapped by drug cartels and other miscreants prowling the border looking for trouble.

I would with hold any further collections of federal taxes, or payments of taxes to the IMF’s, Internal Revenue Service, until the border is secured and defended and the citizens of Arizona are protected from what is obviously an escalating war of terror emanating from Mexico.

 I would sue Mexico for monetary support and damages resulting from the encouraged migration into the US and for failing to provide its own citizens with even a modicum of safety or ability to make a living.  After all, these are the reasons we are told they enter the country illegally. I would also sue Mexico for the costs already incurred as a result of its failure to take care of its own people; costs which reach into the billions annually to be paid by US citizens as this border war is allowed to continue.

I am of the opinion that Arizona has only acted in self defense.  The defense of the state corporation which resulted in the passage of the recent laws regarding illegal immigration is a result of the failure of the federal corporation, its corporate agencies and officers, to perform their duties or to honor their oaths of office on even a minimal level.

Major multi-national corporations and even those who operate under the misnomer of public agency (government corporation) are hiring and assembling their own private armies for the express purpose of enforcing their corporate rules and regulations on the public.  USDA and FDA for example spend more than 50% of their budgets on “enforcement” of corporate rules and regulations.  These are quite simply armies of government agents set loose on the public to enforce the corporations’ edicts. Why should Arizona, a duly chartered private corporation, not be allowed the same privilege?  

Basically, all this gets down to is a battle between state and federal government corporations and contract law. The unfortunate result for all of us will be that Arizona will wait for the suit and then conveniently capitulate.  That ought to knock the wind out of the states.

Now….here’s the weird part:

All of the above aside,…as Arizona entered into a memorandum of understanding (MOU) December 06, 2007 with HSD under Chertof  and agreed to:  “Western Hemisphere Travel Initiative (WHTI)-compliant document to U.S. citizen residents and to pledge future compliance with the requirements of REAL ID.”  I can only reasonably conclude this whole fiasco, including the violence on the border is really only the stage show which will be used to shove REAL ID in one form or another down the throats of the entire nation.  Either REAL ID or one of its re-incarnations will be put into force, or the illegal immigration and border violence will be allowed to continue until we knuckle under.

Sources:

SOVEREIGN IMMUNITY

A doctrine precluding the institution of a suit against the sovereign [government] without its consent. Though commonly believed to be rooted in English law, it is actually rooted in the inherent nature of power and the ability of those who hold power to shield themselves.**********

Title 8 Chapter 12: Subchapter 1103

1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General

 5) He shall have the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such number of employees of the Service as to him shall appear necessary and proper.

(10) In the event the Attorney General determines that an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response, the Attorney General may authorize any State or local law enforcement officer, with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving, to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued there under upon officers or employees of the Service.*******************

Memorandum of Agreement Between the State of Arizona & the Department of Homeland Security, (5 pages – 209 KB)

The U.S. Department of Homeland Security (DHS) and the state of Arizona today signed a Memorandum of Agreement (MOA) to enhance the security of state driver’s licenses to offer a Western Hemisphere Travel Initiative (WHTI)-compliant document to U.S. citizen residents and to pledge future compliance with the requirements of REAL ID.*****************

 Mercenary / Private Military Companies (PMCs)                                   

These private contractors — who most often work for corporations

See also: https://ppjg.wordpress.com/2010/05/05/usc-title-8-who-is-charged-with-defending-our-borders/