The Constitution and the Law

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The Constitution and the law


“The law perverted? And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish!

If this is true, it is a serious fact, and moral duty requires me to call the attention of my fellow-citizens to it.” Frederic Bastiat


Almost every major city in America has actual policies in violation of the law. Yet not one Mayor or Governor has gone to jail for a direct violation of law. Break the law is ok, but do not dare disobey a judicial order or stand up for your God given rights that the Constitution was written to protect at all cost.


  • The Mayor of San Francisco did not go to jail for issuing marriage licenses to same sex couples in violation of California Constitution. Yet, Kim Davis goes to jail and she broke NO law. The Courts have NO authority to create law. Nowhere in the Constitution is there a provision that allows the courts to set policy or make law, including for marriage. 34 states made it clear that same sex marriage is illegal.


  • Sanctuary Policies are illegal under federal law and yet Mayors and Governors across America have such illegal policies. Not charges, no court ordering anyone to jail and those are actually in violation of statute.


  • The Police Chief of Tucson publicly states he is not going to comply with Arizona law (SB1070) and he does not go to jail or the Mayor and Council he works for.


  • Arizona Judge Arthur Anderson ok’s the state to violate Arizona law and tells Maricopa Community College they can ignore the law and give in-state tuition to those in our country illegally. A directed violation of the law. Maricopa Community Colleges Board then proceeds to break the law and along with the Board of Regents and they were not even part of the law suit, they just broke the law without any court ordering them to break the law. No jail time.


  • Ninth Circuit Court decides that Arizona Governor should issue driver licenses to illegal aliens in direct violation of Arizona law and now Arizona is complying with this illegal and unConstitutional order. NO jail time for them either.


Does the law not matter anymore? Who do these lawyers in robes think they are? Shame on elected leaders who take an Oath to defend the Constitution and the Law?



“I, solemnly swear (promise) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of … according to the best of my ability, so help me God”


Here in Arizona we have only TWO ways to create law; the legislature or the people through the Citizens Initiative process. NOT THE COURTS.


  • I am more than a little concerned and confused as what law Kim Davis broke. I find nothing in Kentucky law, or nothing in U.S. Code that allows same sex marriage. No trial, No Habeas Corpus.


  • An Unelected judge decides she goes to jail, not for breaking the law, but because she did not comply with an UnConstitutional Supreme Court law making from the bench.


  • Cities can be called Sanctuary Cities and not enforce actual law, but she cannot be a Sanctuary County on same sex marriage where she broke no law?


  • Planned Parenthood can take the life of unborn children and harvest body parts for profit and no one goes to jail.


  • Carly Fiorina thinks she should resign for ignoring a judge’s order and obeying God’s orders or her constitutionally protected God given right to be protected in her right of religious beliefs and her right of association under the 1st Amendment of the Constitution.


I hope I am not found in contempt for expressing my concerns about the Courts Gone Wild and trampling on the Constitution, State’s Rights and the Separation of Power.


The left has used the judicial process (courts gone wild) to nullify the Constitutional and laws and the courts have obliged them as they strike down laws they don’t like and then create law by fiat.


Example: The five-year-old Senate Bill 1070 to eliminate all sanctuary cities in Arizona, “America’s toughest anti-illegal immigration law, has had a dramatic impact on Arizona. Illegals fled the state in record numbers. Crime dropped, cost dropped and employment was increased, almost overnight.


Boy did that upset the left. So they sued, and after 7 federal law suits in an attempt to stop the laws from being enforced and ignoring the damage to America and Americans, we have prevailed. I don’t suspect they are through.


Please consider: In early 2009, an ABC News report called Phoenix “the kidnapping capital of America, with more incidents than any other city in the world outside of Mexico City.” The number of reported kidnappings has dropped significantly since. Taxpayers have saved millions of dollars in K-12 education, crime reduction and social costs as a result.


Prior to implementation of SB 1070, liberal doomsayers predicted widespread and rampant racial profiling by police. The left sued over SB1070 seven times and this last time Judge Bolton made it clear their claims were not and are not true. They envisioned anyone with so much as a tan being pulled over to verify their residency status. Nothing could be further from the truth.


I know it is popular with the left to attack the police and defend the criminal thugs, but the highly trained, professional men and women of Arizona’s state, county and local law enforcement agencies did the job.  Implementing Arizona’s tough new law with great success – and with none of the problems envisioned by the anti-police, anti-1070 special interests.


Finally our National candidates have had to take a position of this critical issuer, thanks to Trump and Cruz.


American citizens continue to pay billions to educate, medicate and incarcerate illegal aliens.  This is why I call upon my fellow citizens to join me in opposing any form of Amnesty that rewards law breakers in spite of the media trying to convince us; as if we have no choice.  Like the latest amnesty/citizenship bill attempted in Washington by the gang of eight. According to the Heritage Foundation’s analysis, the billions we pay today are but one-third of our eventual tab a decade from now if this legislation would ever be signed into law.


The “Gang of Eight” continue to ignore the risk and cost to America and Americans as this kind of legislation risks America’s financial and national security. This continued sell out of America is the epitome of everything that is wrong, backward and corrupt in Washington.


Eight U.S. Senators who proposed the legislation, including Arizona’s John McCain and Jeff Flake, plus Senator Graham and contributor Rubio unveiled this sham “comprehensive” immigration reform package under the cover of darkness. As America continued healing from the devastation of the cowardly terrorist attack of 9-11 by illegal aliens and allowed because of Sanctuary Policies, Boston terrorist attacks, carried out by one bombing suspect who should have been deported years ago for domestic violence and another suspect who was rewarded instead with citizenship, these cowardly Senators waited until 2 a.m. to introduce a 844-page boondoggle.


Then, the Senate Judiciary Committee scheduled its first hearings on this scheme just two days later. Does anyone believe these U.S. Senators, and the “experts” testifying before the committee, read 844-pages of legalese in just two days? No, of course not. I would have hoped the Senate would have learned with “Obamacare” how dangerous it is to pass a law without knowing what’s in the bill. But when politics is allowed to take precedence over the American people, this is the price we will always pay.


But, as anyone who has studied Washington, Congress, and in particular, the U.S. Senate’s dealings concerning immigration issues has learned, what senators tell us rarely has any sort of relationship with the truth.


Let me remind you of the damage it would have on America, this sham of a bill, it would have:  

  • Granted amnesty to 12-25 million illegal aliens in the United States who arrived before 2012, including gang members and other bad hombres and puts them all on a direct path to citizenship.
  • Not only rewards millions of illegal aliens with a path to citizenship, including anyone up to 35 years of age who says they were here before 16 and no investigation allowed. But those who entered before the age of 16 on an expedited path to citizenship in just five years regardless of their current age, as high as 35 years old. 
  • Allows previously deported illegal aliens to apply for amnesty if they are the spouse, parent or child of a U.S. citizen or green card holder.
  • Waives all conditions and grants immediate green cards to amnestied illegal aliens if their case is tied up in court for more than 10 years.
  • Finally, and contrary to their initial promises, the Gang of Eight bill granted complete amnesty to employers who intentionally hired illegal workers using fake identification, according to U.S. Senator Jeff Sessions.


Our open borders keep letting very bad people in and American suffer as a result.  We have laws and they must be honored.


The “Gang of Eight” bill wasn’t a serious bill. It was a political ploy put forth by people trying to win elections, not solve America’s problems. Congress has a 15 percent approval rating because this is how it conducts business. I urge my fellow Americans to oppose such corruption and put America First.   


Russell Pearce, former President of the Arizona State Senate and Chief Deputy to Sheriff Joe of the Maricopa County Sheriff’s Office