Capitol Fax.com - Your Illinois News Radar


Latest Post | Last 10 Posts | Archives


Previous Post: Rauner ad gets it wrong, but Pritzker needs to end his silence
Next Post: “If any region should feel alienated from state government, it’s the suburbanites”

Democratic legislator files resolution condemning “scofflaw counties”

Posted in:

* Non-binding state resolution condemns non-binding local resolutions…

State Rep. Kathleen Willis, D-Addison has filed a state resolution to counter the wave of local declarations establishing “gun sanctuary counties.”

“I have been deeply concerned by the actions of several county boards in Illinois that have passed resolutions declaring that they will prohibit the enforcement of new gun laws passed by the General Assembly,” said Willis. “County board members are required to take an oath of office that includes a vow to uphold the Constitution of the State of Illinois. Instead, some are passing resolutions intended to set aside legitimate state law.”

The resolution challenges the legitimacy of county declarations and names each county action as a “shameless political stunt which undermines the rule of law and threatens the safety of all Illinois citizens.”

The full text of HR 1197 is here:

…Adding… From comments…

Translation: “I will call out your political stunt with my political stunt.”

posted by Rich Miller
Friday, Aug 17, 18 @ 10:58 am

Comments

  1. This issue is directly parallel to the sanctuary city issue. The Trump’ers believe Chicago is ignoring federal law by not enforcing federal immigration laws, so they think their local government should be allowed to ignore state gun laws.

    They’re both wrong.

    Comment by Just Me Friday, Aug 17, 18 @ 11:03 am

  2. Rep. Willis is giving the Republicans exactly what they want: more attention for their publicity stunt.

    Comment by Roman Friday, Aug 17, 18 @ 11:04 am

  3. This was bound to happen.

    Comment by A Jack Friday, Aug 17, 18 @ 11:06 am

  4. ===believe Chicago is ignoring federal law by not enforcing federal immigration laws, so they think their local government should be allowed to ignore state gun laws===

    Federal laws are almost all enforced by federal police and prosecutors. State criminal laws are almost all enforced at the county/municipal levels. There’s a big difference here that’s being ignored.

    Comment by Rich Miller Friday, Aug 17, 18 @ 11:10 am

  5. Roman, this resolution is a publicity stunt.

    Comment by Tequila Mockingbird Friday, Aug 17, 18 @ 11:11 am

  6. Translation: “I will call out your political stunt with my political stunt.” So there !

    Comment by Anon 1 Friday, Aug 17, 18 @ 11:11 am

  7. Very interesting just like Cook County pols that ignore Federal Laws. Unfortunately (snark) the U.S. Constitution doesn’t give you a choice on which laws you like and want to abide by. Kinda doesn’t work that way. But hey anything for political expediency. Leave law abiding citizens alone and go solve the gang violence issues at the root cause(once you admit that the government policies fostered over the past 50 years have degraded the family and community values/mores to the where they are now). Ah but there is an election to win… “nothing to see here folks move along”

    Comment by theCardinal Friday, Aug 17, 18 @ 11:15 am

  8. theCardinal - Friday, Aug 17, 18 @ 11:15 am:

    Might want to re-read the U.S. Constitution sport. And crack open a few legal history books while you’re at it.

    Comment by Precinct Captain Friday, Aug 17, 18 @ 11:22 am

  9. There’s a big difference here that’s being ignored.

    That’s a legal argument. This is a political argument….

    One wonders if any one running for a downstate legislative seat will file one about sanctuary cities? Or criticize a legislator who doesn’t do so?

    It can very quickly become a ping-pong game….

    Comment by Fav Human Friday, Aug 17, 18 @ 11:29 am

  10. Yo - gun controllers -
    You’re being trolled.
    Gun sanctuary counties only work if you’re in on the joke about “sanctuary” governments. They’re not called that because it makes any sense. It’s a twist on what Democrats are doing.

    Stop taking yourselves so seriously. Geez you guys are so self-righteous.

    Comment by VanillaMan Friday, Aug 17, 18 @ 11:34 am

  11. - Tequila Mocking -

    Agreed.

    Comment by Roman Friday, Aug 17, 18 @ 11:34 am

  12. === Unfortunately, the U.S. Constitution doesn’t give you a choice on which laws you like and want to abide by. ===

    Fortunately, the Illinois Constitution doesn’t give you a choice on which laws you ignore and which you abide by.

    So, are rural counties wrong in defying state law? Or is defiance only wrong when it comes to federal immigration law? You can’t have it both ways.

    Comment by anon2 Friday, Aug 17, 18 @ 11:37 am

  13. The states retain their sovereignty, despite being in a union. This is why federal courts strike federal attempts to “commandeer” state governments. The federal government cannot tell Chicago to enforce immigration law, nor can it order the state legislature to pass a particular law. States can only be mandated into action due to explicit requirements imposed by the federal constitution (or, rather, how the courts choose to interpret it).

    This is why the AFSCME lost their attempt to force Quinn to pay them their money in the 7th Circuit — state sovereign immunity and the inability of the federal courts to tell the legislature to fund those raises and Quinn to pay them. (Which BTW is a sign post to pension resolution…) State sovereignty is generally disliked by the left who favor centralization of power in Washington, though today in Trump’s America the left has rediscovered the benefits of federalism. Resist! The right generally supports it, but apparently has forgotten that when it comes to immigration in Trump’s America. The hypocrisy is palpable.

    The system we have established is fiscal coercion. The federal government uses its unlimited taxing (and borrowing) power to suck all the oxygen out of the room (in terms of revenue), leaving the states with what they can reasonably collect. The federal government then offers “grants” back to states, but with strings attached. Thus enforcing policy via fiscal coercion. It’s been thus since the days of building canals and log roads.

    The protection the states do have from this coercion is that courts generally reject attempts to change the terms of the deal after the “grant” is made. Hence Trump’s attempts to tie existing grants to cooperating with federal law enforcement have often been rejected. Adding those strings to new grants, though, should have no legal issues, other than judges deciding to try to impose their policy choices. This coercion via tax funded grants to enforce federal policy is the way our system “works.”

    So, Illinois… I am not conversant with the legal protections counties may have here, with home rule aspects of the state constitution. Like states in their relationship with the federal government, counties may have some protections. The caveat of course is that while the federal government and the states are co-sovereigns, counties are just political subdivisions of the state. I’d guess they don’t have legal protection from cooperating with state law enforcement, or even being required to enforce state laws directly, hence most of the “sanctuary” resolutions are like this proposed house resolution — a political stunt.

    Comment by Joseph Lochner Friday, Aug 17, 18 @ 12:17 pm

  14. Whereas,

    SECTION 22. RIGHT TO ARMS
    Subject only to the police power, the right of the
    individual citizen to keep and bear arms shall not be
    infringed.
    (Source: Illinois Constitution.)

    Comment by Steve Friday, Aug 17, 18 @ 12:27 pm

  15. So Willis, who supports sanctuary cities for criminals does not support them for law abiding citizens practicing a constitutional right.

    Comment by Randoph Friday, Aug 17, 18 @ 12:45 pm

  16. Rich, I don’t disagree there is a big difference. But to the Trump’ers there isn’t. To them Chicago is ignoring a law they want to see enforced (immigration), so they feel perfectly justified in ignoring another law (gun control) that “Chicago” wants enforced.

    They’re both ignoring all sort of relevant points such as yours.

    Comment by Just Me Friday, Aug 17, 18 @ 12:45 pm

  17. I love how we want to pull out the Constitution, yet Democrats cheered Lisa Madigan repeatedly delaying conceal and carry after the Supreme Court said we were violating the law so her father could squeeze a bigger political bargain.

    The relevance of that ruling was that the State, by and through Lisa Madigan failed to provide compelling evidence that the gun control measures work. This is the problem with Gun Control proponents. They have no actual evidence it works.

    Comment by the Patriot Friday, Aug 17, 18 @ 12:57 pm

  18. Steve:

    I’m not sure what your point is, because you can’t possibly be suggesting that we get to ignore the processes we have in place to determine the Constitutionality of the laws that are passed.

    Comment by Demoralized Friday, Aug 17, 18 @ 1:04 pm

  19. ==This is the problem with Gun Control proponents.==

    As opposed to the other side who oppose any gun control measures?

    ==They have no actual evidence it works.==

    I’d rather try something than be tone deaf and ignore the obvious gun violence problems we have in this country.

    Comment by Demoralized Friday, Aug 17, 18 @ 1:07 pm

  20. Changing the constitution just to see what happens, what could go wrong?

    Comment by Randolph Friday, Aug 17, 18 @ 1:31 pm

  21. @Joseph Lochner, enjoyed your analysis.

    But I had no idea all these people using state’s rights for legal marijuana since 1996 were right wingers. Learn something new everyday, LOL.

    Comment by Da Big Bad Wolf Friday, Aug 17, 18 @ 2:22 pm

  22. I might be mistaken, but my understanding is that both cops and prosecutors have discretion. This is often used to prioritize efforts, but ignoring laws is the logical extreme. The sanctuary declarations just codify* what might already be an informal practice.

    *however, there is nothing to prevent a cop or SA from still enforcing the law.

    Comment by thechampaignlife Friday, Aug 17, 18 @ 3:22 pm

Add a comment

Sorry, comments are closed at this time.

Previous Post: Rauner ad gets it wrong, but Pritzker needs to end his silence
Next Post: “If any region should feel alienated from state government, it’s the suburbanites”


Last 10 posts:

more Posts (Archives)

WordPress Mobile Edition available at alexking.org.

powered by WordPress.