Last month William Orrick, a United States federal judge in the state of California, blocked a Trump administration directive that would cut off federal funding for sanctuary cities. This comes on the heels of a similar ruling from a judge in Hawaii, which led Attorney General Jeff Sessions to quip that Hawaii is a mere “island in the Pacific.” William Orrick is a doctrinaire liberal nominated by Barack Obama after contributing to Obama’s 2008 presidential campaign. In addition to this recent ruling protecting sanctuary cities from recriminations from the federal government, Orrick has also ruled in favor of abortuary Planned Parenthood by prohibiting the release of undercover videos.
Conservatives often argue (correctly) on constitutional grounds that liberal activist judges typically go beyond their own judicial authority and encroach upon the authority of the executive and/or legislative branches. Another standard conservative complaint is these unelected liberal judges undermine the “will of the people.” Still others will advocate the deconstruction of the welfare state that attracts illegal immigrants here in the first place. While these arguments have merit, bigger issues are in play. The Trump Administration is attempting to rein in the governments of large cities that harbor illegal immigrants and in many cases actively resist federal authorities. Orrick reasoned that the president does not have the authority to make additional stipulations to the federal budget that has already been approved by Congress. This might sound reasonable, until we delve into the implications of this ruling.
The Trump Administration is not arbitrarily adding stipulations to federal spending, but simply insisting that these cities abide by federal laws in order to receive federal funding. There is no reason to believe that individual laws, such as a congressional budget, must stipulate that all other valid laws still apply. If judicial rulings were consistently applied as they ought to be, this ruling would amount to releasing city and state governments from any obligation to observe federal laws at least as a stipulation for receiving federal funding. But we know that there is absolutely no chance for the political establishment to allow this kind of consistent application. Cities that violate so-called leftist legislation can expect far more aggressive reprisals than the mere threat of withheld federal funds. Any town, city, or state which attempts to defy federal authority on matters such as “civil rights,” sodomite rights, or abortion will feel the full force of the leviathan state coming down upon them. The Trump Administration, as the executive branch of government, is taking steps to enforce legitimate legislation that has been enacted by Congress. The usurpation of judges like Orrick places the American federal judiciary firmly in the realm of arbitrary authority.
As a firm believer in decentralization I lament how the American Civil War altered the relationship between the states and the federal government. With the illegal ratification of the Fourteenth Amendment came the pernicious incorporation doctrine, which has been used to take away the rights of states in important social matters. The Left has been more than willing to use the power of the federal government to force states to accept the liberal agenda for decades, but we also see that these rules are able to be suspended when they become disadvantageous to the Left. When a president wishes to enforce existing immigration law, all of a sudden liberals transform into strict constitutionalists who wish to rein in federal overreach. The bottom line is this: The Left is at war with whites, Western Civilization, and Christianity. They will not allow rules or constitutional protocols to impede them in accomplishing their goals. As long as the conservative establishment fails to understand this, they are bound to keep losing.
For the Right to achieve any progress we must understand our struggle with the Left as a war for civilization. Appeals to fair play, equitable application of laws, and constitutional restraints upon government are bound to fail. This is not to say that the Right should not seek to reestablish these principles on our terms once victory has been achieved. Restraints upon the power of the state are essential for any civilized society, but these are useless in a war with uncivilized enemies. We have been played for far too long to stand by and allow this to continue. The short-term result of this judge’s ruling won’t amount to much, the mostly likely outcome being capitulation. Arbitrary authority degenerates into tyranny, which can be sustained only until people grow weary enough to resist. My hope is that our people will wake up before it is too late. Eventually we won’t be able to simply tolerate and protest the Left’s cheating tactics. We will have to reach for our revolvers and tell our Leftist enemies that we are going to make the rules.