I'm kinda torn on sanctuary counties. "Sanctuary cities" don't enforce certain immigration laws. "Sanctuary counties" don't enforce certain gun laws. If we don't like sanctuary cities, but we do like sanctuary counties, can we say we're in favor of rule of law? Isn't it more that we just don't like it when they do it, but it's okay when we do it? I don't think it's that simple. It's kinda the same in that the people who are trying to subvert the immigration laws believe that they're immoral, and the people who are trying to subvert certain gun laws believe that they're unconstitutional. They're both trying to do what they think is right.
There are some significant differences though. The people supporting sanctuary cities against immigration laws are activists trying to change the US from a nation with borders into a nation without borders. The people supporting sanctuary counties are advocates who want to preserve their rights in opposition to activists who want to take them away. Also, it's not a constitutional right for non-citizens to live here. It is a constitutional right to keep and bear arms.
I favor rule of law. The law provides a mechanism to handle unjust or unconstitutional laws. I would prefer we go that route. The problem with that is effectively, might makes right. Might makes right is the rule of men, and it's just what it is. As long as people can coerce the rule of law such that it is what the powerful people say it is, the mechanisms to handle unjust or unconstitutional laws are ineffective. The idea of nullification becomes inflamed when laws are widely different from a community's expectation.
The desire for nullification is a deterministic behavior in society and manifests the culture war we're having now. We are deeply divided. One side wants open borders and disarmed citizens. The other side wants walls along borders, and armed citizens. And all points in between. I don't think rule of law can survive a deeply divided nation. Rule of law works when people mostly respect the laws. As society evolves those laws evolve too. We're in a different place here and it's just not that simple.
I'm not sure sanctuaries from the laws we don't like are the answer but the fact that we're seeing a lot of support for them on both sides is a bellwether of worse things lurking.
There are some significant differences though. The people supporting sanctuary cities against immigration laws are activists trying to change the US from a nation with borders into a nation without borders. The people supporting sanctuary counties are advocates who want to preserve their rights in opposition to activists who want to take them away. Also, it's not a constitutional right for non-citizens to live here. It is a constitutional right to keep and bear arms.
I favor rule of law. The law provides a mechanism to handle unjust or unconstitutional laws. I would prefer we go that route. The problem with that is effectively, might makes right. Might makes right is the rule of men, and it's just what it is. As long as people can coerce the rule of law such that it is what the powerful people say it is, the mechanisms to handle unjust or unconstitutional laws are ineffective. The idea of nullification becomes inflamed when laws are widely different from a community's expectation.
The desire for nullification is a deterministic behavior in society and manifests the culture war we're having now. We are deeply divided. One side wants open borders and disarmed citizens. The other side wants walls along borders, and armed citizens. And all points in between. I don't think rule of law can survive a deeply divided nation. Rule of law works when people mostly respect the laws. As society evolves those laws evolve too. We're in a different place here and it's just not that simple.
I'm not sure sanctuaries from the laws we don't like are the answer but the fact that we're seeing a lot of support for them on both sides is a bellwether of worse things lurking.