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October 16, 2011
Who Just Said Sovereignty??? Terry G? Joe B? Oh, It Was the Governor!
Monique Chartier
This is interesting. Sovereignty for certain segments of the state's criminal justice system.
A federal appeals court has upheld Gov. Lincoln Chafee’s right to refuse to turn over accused murderer Jason Pleau for federal prosecution that could result in the death penalty. ...Chafee issued a written statement late Thursday that said, “I am gratified that the 1st Circuit has recognized our state's right to refuse a federal request to transfer a prisoner for the purpose of exposing him to the death penalty. ... There is no question that Jason Wayne Pleau is a career criminal who deserves to be punished for his crimes. .... It is about maintaining and protecting the sovereignty and laws of the state I was elected to govern.
But not for the state's borders;
A state higher education board on Monday approved a measure that would allow students who immigrated to the United States illegally to pay in-state tuition rates at Rhode Island's public colleges and universities after the General Assembly declined to take up the issue.
Gov. Lincoln Chafee Wednesday signed an executive order revoking the controversial Illegal Immigration Control Order issued by former Gov. Donald Carcieri more than two years ago. Carcieri’s order required all state departments and all contractors doing work for the state to use the federal E-Verify system to ensure all newly hired personnel were in the country legally and were eligible to work. It also required that State Police, corrections officials and the Parole Board to work with the federal Department of Immigration and Customs Enforcement (ICE) to assist them in enforcing immigration law.
11:29 AM
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Monique, I'm legitimately confused. Is this post about states rights, or is it about Gov. Chafee's decisions on illegal immigrants and E-Verify?
See because while they aren't mutually exclusive, they certainly seem like separate issues to me.
In your first example, Chafee is asserting his rights as the duly elected Governor of RI. In the second and third examples -- isn't he doing the exact same thing?
There's certainly no law saying he needs to do everything Gov. Carcieri did (thank the powers that be for that), and it's not like he's cowtowing to outside forces here. Maybe I missed something in the debates (even though I was standing right there at all but one) -- but didn't he outright say he would repeal Carcieri's E-Verify rule during the elections?
Here's a better states rights issue: The Justice Department superseding Gov. Chafee's authority to set up the process for medical marijuana dispensary licensure (as voted on by our GA) -- even though it has nothing to do with interstate commerce.
Thank god for Oregon, where apparently the feds don't have quite such a long grasp.
Posted by: jparis at October 16, 2011 12:08 PMOr, how about implementing a state salt-water fishing license at the demand of the federal government even though it’s a clear violation of the State Constitution?!!???
Article 1, Section 17: The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore,
Posted by: Todd at October 16, 2011 12:47 PMIronically, the authority that Gov. Chafee is exercising in the Pleau derives not from the state's inherent sovereignty, but from a congressional enactment (the Interstate Agreement on Detainers).
Posted by: brassband at October 16, 2011 2:22 PMThese folks come here for one reason JOBS. Make it a felony to hire an undocumented worker, with a 10 years prison sentence and a Million dollar fine (per each hire) and the problem will go away on its own.
No need for a 6 billion dollar fence, or thousands of ICE agents. We should change the debate from Illegal workers...TO ILLEGAL EMPLOYERS
Out here in Arizona, the folks who hire undocumented workers, call themselves "Free Market Conservatives"
Posted by: Sammy in Arizona at October 16, 2011 4:18 PM"Ironically, the authority that Gov. Chafee is exercising in the Pleau derives not from the state's inherent sovereignty, but from a congressional enactment"
Heh ...
Posted by: Monique at October 16, 2011 9:49 PMTodd,
I think the salt water usurpation of rights might come from the UN. Not sure.
Posted by: helen at October 19, 2011 5:17 AM