Comment by mindslight
10 days ago
> It makes perfect sense to concentrate law enforcement in a state that is in defiance
Using the word "defiance" indicates that your perspective is decidedly not American.
Both the States and the Federal government are co-sovereign, mediated by the US Constitution that spells out the rights and responsibilities of each. The Federal government is currently in willful and flagrant default of this founding charter - both overall in terms of how it is supposed to function (offices being executed in good faith forming checks and balances), as well as openly flouting the handful of hard limits outlined in the Bill of Rights. As such, the Federal government has lost the legal authority to dictate anything to the States.
It is of course still prudent to recognize the realpolitik of the "Federal government" having command of a lawless paramilitary force currently unleashing terror and mayhem on civil society. But the point is that we need to work towards re-establishing law and order in terms of the remaining functioning sovereigns.
They are certainly NOT co-sovereign, that is an absurd statement as states cannot leave the Union. Any sovereign party can withdraw from a treaty. The states are represented in their ability to collectively steer the federal government by Congress and the Electoral College. The feds are currently enforcing the ill will of both which sadly is the result of last elections.
I said co-sovereign, not that they're both independently sovereign (required for your treaty example). This is straightforward law, go read up on it. States are considered sovereign themselves, with powers limited by the US Constitution - the same qualification as the Federal government.
It's honestly besides the point. For even if I accept their sovereignty, they have exercised their sovereign will in the Electoral College to elect this administration. And they always have the power to impeach it through their representatives, the administration did not take that away, nor did they suspend the Congress, nor do they appear to be preparing to wrongfully influence the next elections. A state can not go and rebel against the Union because it disagrees with the current administration. Hell, the Union can literally change the Constitution against the will of a particular state if enough other states agree. You can consider states sovereign if you want, and I concede that it's an established tradition, but when the whole agreement on the separation of powers can be changed with a particular state voting against it - that's a mockery of sovereignty of that state.
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