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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?

To: The Barracuda™ who wrote (1288)	4/19/2000 10:26:00 PM
From: lawdog	Read Replies (1) \| Respond to of 9127

X, the problem is the Supremecy Clause under Article VI. To boil this all down into simple legal building blocks, Congress passed a law which was within its Constitutionally power. The Executive branch is vested with the responsibility and power to enforce these laws. The INS granted the Miami family temporary custody of Elian until he could be reunited with his father, which the INS is within its Constiutionally granted power to do. A city government must recognize the authority of the INS and the Federal Government to put Elian in the custody of his father. The federal government could go as far as declaring martial law if they felt justified, to enforce the Supremecy Clause. Remeber the integration of Southern schools in the 60s. The Feds could do the same in Miami, and Miami would have no more authority to prevent this than a police department from a Southern town would have had. Also, the Florida family court have ruled that they have no authority to grant permanant custody to the Miami relatives. That's a simplified explanation of why the Miami police dept. cannot prevent the feds from removing Elian from the Miami home.