Why Mission Viejo passed a Resolution of Support with Los Alimitos and not an Ordinance declaring the city will not follow State's Sanctuary State law.
First, we must understand that it is not simply a matter for Mission Viejo to claim the Constitution of the United States as the Supreme Law of the land. For cities in California you are either a General Law city or a Charter City. Los Alimitos is a Charter city and therefore has different liberties as applies to California law.
California cities are a creation of State law in the State of California. These are called General Law cities and are thereby first bound to California State law. Even if that State law is in contradiction to Federal law. Another example would be legalizing Marijuana sales in California which is not Federal law. Until these laws that conflict with Federal law, are taken before a federal judge by the Attorney General of the United States, general law cities are required first to follow State law. It is a matter of orderly procedure and following the rule of law in determining which law is favored.
The principle of the "Rule of Law" is the basis for the democratic process and is intended to ensure the orderly interaction of society and government. Otherwise we have chaos and anarchy. General law cities (Mission Viejo) must assume the laws are valid and proper and that they shall remain proper, if and until, the courts say otherwise. Hence the lawsuit filed by Attorney General Session claiming Supremacy of federal law as it deals with immigration must favor the U.S. Constitution.
It is this reason we have stated our case through a resolution and not an ordinance. The resolution is protected a free speech guaranteed by the first amendment, and an ordinance from a general law city would be easily struck by the court.
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Sunnycrest Animal Care Center, House of Mrs.
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