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We Suggest The Andrew Jackson Approach to “Sanctuary” Cities And States

The news that another illegal alien has committed a series of horrific crimes after being deported and returning should really surprise no one by now.  But the fact that illegal alien Guaymar Cabrera-Hernandez carjacked a woman in our old neighborhood, after committing the same crime a few days earlier in Montgomery County, Maryland, did sort of get our attention. 

Andrew JacksonAccording to reporting by Emily Miller of Washington DC’s Fox News 5, illegal alien and repeat felon Cabrera-Hernandez was released on Monday from the Montgomery County (Maryland) Detention Center where he had been since June.  

The charges against him for that arrest are unclear, but as an illegal alien who reentered the United States after being deported he should have been detained by either the State of Maryland or federal immigration authorities.  

But he was let go, so he then showed up in Potomac, Maryland and violently carjacked a 38-year-old woman. 

“He was standing at the driver side door -- her window was down -- holding a knife in one hand and a brick in the other hand,” said Officer Rick Goodale, a Montgomery County Police Department spokesperson. “He reached in and put the knife to her neck in the car. He told her to get out of the car. She complied. Then he threw the brick at her.” 

Police had a hunch about the suspect because the Montgomery County Detention Center is nearby. Officer Goodale said officers went to the detention center and were told that Cabrera-Hernandez had been released just a half hour prior to the police receiving the call for the carjacking. 

Cabrera-Hernandez had the victim’s car for Monday and Tuesday. He reappeared on Monday morning at the above-ground parking lot at the Sibley Hospital Medical Office Building in Northwest D.C. 

The 68-year-old victim had just parked her Honda CRV on the fourth floor when Cabrera-Hernandez approached on the driver’s side. Her keys were still in the ignition. He brandished a green bottle and said to her, “Give me your keys.” 

He then ran around the back of the car, according to court documents, and got into her car by the unlocked passenger side. He hit her on the arm with the bottle. The two struggled, and the elderly woman told police that he threw the bottle at her, and it went out the driver side window. She was then able to escape the car. 

Cabrera-Hernandez took her car and broke through the parking security gate. He drove northbound back to Maryland. He ditched the car and took off by foot, back the way he came. He was found walking on the sidewalk at 47th Street and Massachusetts Avenue in Northwest. D.C. police arrested him and found the Honda car key. 

After his arrest, D.C. police found that Cabrera-Hernandez had an outstanding warrant for armed carjacking in Montgomery County. On Friday, Montgomery County police announced that Cabrera-Hernandez was charged with armed carjacking, armed robbery and first-degree assault. 

He is in D.C. jail pending a hearing on August 26. 

Law enforcement sources say that Cabrera-Hernandez is from Guatemala. However, he told the District Court that he is a U.S. citizen and was born in Prince George’s County. 

He claims to be 24 years old. However, he was first arrested in 2007 for being in the United States illegally. He was then arrested in 2011 for illegally reentering the country. He was deported in November 2011, according to U.S. Immigration and Customs Enforcement (ICE). 

A spokeswoman for ICE sent this statement to Fox 5: “Guaymar Cabrera-Hernandez was arrested in Montgomery County, Maryland, on June 05, 2015, on local charges. The crime for which Cabrera-Hernandez was arrested did not meet ICE’s civil immigration enforcement priorities; however, ICE is closely monitoring the outcome of his current legal proceedings.” 

Sane normal Americans might conclude that since Cabrera-Hernandez had already been deported from the United States once, and was in and out of jail since his illegal return, our governments, federal, state and local, will do something to stop this criminal illegal alien from hurting innocent Americans. 

Of course there are ways to stop illegal alien criminals like Cabrera-Hernandez from hurting innocent Americans – don’t let them into the country in the first place, don’t allow them out of jail when they are arrested for crimes in the United States, and most importantly, don’t allow so-called “sanctuary cities” like Washington, DC and “sanctuary states,” like Maryland, to defy and nullify federal immigration laws and put criminal illegal aliens back on the streets to hurt American citizens. 

Back when Democratic presidents actually believed in and defended the sovereignty United States* – that would be during the presidency of Andrew Jackson, from 1829 to 1837, Old Hickory had an answer to those who sought to nullify federal authority. 

When South Carolina sought to nullify laws passed by Congress for the imposing of duties and imposts on the importation of foreign commodities President Jackson issued a lengthy rebuttal of South Carolina’s ordinance of nullification in which he made the point that “I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which It was founded, and destructive of the great object for which it was formed.” 

Jackson’s Proclamation Regarding Nullification, issued December 10, 1832 is worth a read for its eloquent defense of the Constitution and for the supremacy of our federal system of government over the political whims and conceits of a small group of actors within any one state. 

But what really made President Jackson’s Proclamation stick was not his eloquently argued brief – it was his commitment to upholding the Constitution, by force if necessary. 

To deter the nullifiers from attacking the Unionists in their midst, Jackson warned a South Carolina congressman that “if one drop of blood be shed there in defiance of the laws of the United States, I will hang the first man of them I can get my hands on to the first tree I can find.” 

When Robert Hayne ventured, “I don’t believe he would really hang anybody, do you?”  Thomas Hart Benton replied, “Few people have believed he would hang Arbuthnot and shoot Ambrister . . . I tell you, Hayne, when Jackson begins to talk about hanging, they can begin to look out for ropes!” 

The only way to keep criminal illegal aliens, such as Guaymar Cabrera-Hernandez, from terrorizing innocent Americans is to focus the full force of federal immigration laws and state criminal laws upon them – but so-called “sanctuary cities” and “sanctuary states,” like Washington, DC and Maryland, refuse to do so – effectively nullifying the Constitution and the will of the American people as expressed by Congress. 

Proclamations and ordinances passed establishing so-called “sanctuary cities” and “sanctuary states” are the 21st century versions of South Carolina’s 19th century ordinance of nullification, and should be dealt with as President Jackson did – first by constitutional argument and then by exercising the political will to assert federal authority to enforce the laws Congress passes. And if the Executive, in the person of the President, lacks or refuses to exercise the political will necessary to enforce federal law, today’s Congress has the power of the purse to impose its will on both the President and recalcitrant states – if the Republican congressional leadership will only use it. 

*Despite his contributions to preserving the Union, Old Hickory has now fallen out of favor among Democrats. We note for the record that Democratic state party committees in Iowa, Georgia, Connecticut and Missouri have recently dropped the name of President Andrew Jackson from their annual fund-raising dinners, and similar moves are being considered in New Hampshire, South Carolina, Arkansas, Maine and even in Tennessee, President Jackson’s home state.

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Jackson on State Nullification of Federal Laws

Jackson was correct about not recognizing South Carolina's attempt to nullify federal tariff laws because the law was constitutional, which is in keeping with Article VI "Supremacy Clause." However, if the law had been unconstitutional, he would have been wrong.

The federal government does not have the constitutional authority to be final arbiter on which of its laws are or are not constitutional. That power is not delegated to the federal government (to include (SCOTUS) because it would clearly violate the legal principles of "arms length" and "conflict of interest."

The purpose of the Bill of Rights is stated in it's preamble and that is that the States demanded a means "to prevent misconstruction or abuse" of The Constitution by the federal government. That clause cannot be interpreted any other way and that's the only place in the Constitution such a power is addressed. Further, the other bookend of the Bill of Rights, the Tenth Amendment, clearly states that if a power is not delegated by the Constitution to the federal government, it is reserved to the States or the people.

Thus Andrew Jackson's broad, statement about Nullification is wrong.

I support states' rights, but I agree

I am a supporter of states' rights, and I believe that states have the duty to nullify laws that infringe upon the rights and freedoms of their citizens. However, in this case I agree that nullification is doing the opposite: it is putting the citizens of all states at risk. It is impossible for the federal government to enforce its immigration laws and protect the citizens of complying states, while other states are nullifying those laws. The only way it could do that is if the nullifying states had closed borders—which of course would effectively sever them from the Union, and make them separate contries. The federal government should force the states to choose: leave the union, or allow us to enforce our immigration laws.
Sadly, we are presently in the opposite case: states are being forced by the federal government to nullify the laws, and one day their only recourse for the protection of their citizens may be to leave the Union.