October 2019 Archives

No One is above the Law

No One is above the Law

Apparently, a "whistle-blower" has offered information that President Donald Trump carried on a conversation (over the phone) to the new Ukrainian President requesting an investigation of Joe Biden and his son Hunter under the guise of obtaining "dirt" which would affect the next election.  The disclosed information appears to be second hand (meaning no direct knowledge) and no one has divulged how this information was obtained.  Telephone surveillance by NSA comes to mind - was the President's phone line tapped?

Speaker of the House Nancy Pelosi has declared "No one is above the law!" as the basis for pursuing impeachment proceedings against President Trump.   Can we conclude, then, that all laws which are duly passed and posted for our edification are to be applied to everyone regardless of race, religion or political standing? 

But there exists puzzling contradictions to this simple philosophy; for example, California is using the doctrine of nullification to defy federal law on immigration as a sanctuary state. The problem is immigration is clearly constitutionally left to the federal government alone. Article I, Section 8, Clause 4 gives the federal government the right, 'To establish an uniform Rule at Naturalization."  Moreover, eight of the 18 clauses listed as the powers of Congress deal with national security and border security defines even the existence of a nation. The Constitution puts an end to the issue in Article 6: 'This Constitution, and the Laws of the United States which shall be made in Pursuance thereat ... shall be the supreme Law at the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws at any State to the Contrary notwithstanding.'"

Every elected official has taken a solemn oath "to preserve, protect and defend the Constitution of the United States." The fact that creating a sanctuary State or city is a clear violation of the U.S. Constitution, one has to wonder what legal ramifications result from what appears to be deliberate contravention of constitutional law.

But . . . according to House Speaker Pelosi "No one is above the law."  It should be noted that she is a democrat in a legislative body with a majority of Democrats.  California has a Governor who is a democrat and both legislative bodies are controlled by democrats.  So . . the question arises, "If my political party controls a legislative branch and I don't like a particular law, am I allowed to ignore it?  And if I get caught in the act, will the court throw the case out the window when I explain that I actually oppose this particular law? 

Clearly, those elected officials who have promoted and voted for the creation of a Sanctuary to prevent apprehension of illegal migrants are in violation of their sworn oath of office.  Possibly, those same officials can be termed "accessories" if they know a felony to have been committed by someone under the protection of their sanctuary and continue to aid the felon in avoiding capture.

If the President can be impeached for a phone call to a foreign leader, what is the penalty for those who are in violation of their sworn oath to preserve, protect and defend the constitution of the United States?

Piper's Papers.

November 2019

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