Last week, a half-dozen masked and unidentifiable Immigration and Customs Enforcement agents killed a 37-year-old federal employee, a nurse, by spraying pepper spray into his eyes, pushing him to the ground, stealing his lawfully owned and carried handgun, and then shooting him nine times in the back.

The thugs from ICE whom the federal government has sent to Minneapolis have produced murder and mayhem on a scale far more violent, disruptive and disturbing to human life than have the immigrants residing there without papers.

Under the Constitution, immigration — who can legally come to and remain in the United States — was left to the states to regulate; and naturalization — who can become an American citizen — was left to the feds.

Notwithstanding the plain text of the Constitution, Congress — motivated by racial animus against those who looked and sounded differently from the White, Anglo-Saxon, Protestant elites who controlled the government — enacted the Chinese Exclusion Act of 1882. When this was challenged, the Supreme Court upheld congressional authority in a truly bizarre opinion written by Justice George Sutherland, himself an immigrant.

The court held — for the first time — that Congress could exercise regulatory powers from a source other than the Constitution. It reasoned that when British troops left the colonies after their surrender in 1781, the power to regulate immigration stayed behind and metaphysically transferred itself to the new federal government here. A rationale from nowhere.

Since then, federal immigration regulations have waxed and waned, usually depending upon contemporary economic trends and prevailing racial attitudes. A century after the ruling on the Chinese Exclusion Act, at President Ronald Reagan's prompting, Congress enacted the Simpson-Mazzoli Act, which granted amnesty and permanent legal residence to all immigrants then in the U.S. The sky did not fall.

The White House has defended the ICE killings of two innocent Americans in the maelstrom of Minneapolis by using phrases like terrorist, agitator, assassin and self-defense. In the process of politically smearing two dead victims, it has tried to divert attention away from the ICE Gestapo-like tactics in the streets. And, in an act of obstructing justice, ICE has kept all the evidence of these murders from state investigators.

Are the masked men in the streets immune from prosecution for murder as the White House claims?

Federal and state laws mandate — and all police, even DHS agents, know this — that if the driver of a vehicle moving less than 5 miles per hour is trying to turn away from you, you don't kill the driver; you let her turn or get out of the way. If somehow you feel threatened by a man on all fours on the ground whose lawfully carried handgun you have already seized, and whom you have temporarily blinded with pepper spray because he photographed you, you restrain him, you don't shoot him in the back.

The reason police foreknowledge of right and wrong (who doesn't know it is wrong to shoot an unarmed person in the back?) and of lawful and criminal use of force is relevant is another bizarre Supreme Court ruling which declared that prosecutions of government agents for excessive use of force will rise or fall on whether other similarly situated government defendants manifested this foreknowledge. Another legal principle from out of nowhere.

Can the state of Minnesota prosecute the ICE killers? Yes, under federal and state laws. Just ask Lon Horiuchi, the FBI sharpshooter at Ruby Ridge whom the state of Idaho prosecuted for excessive force when he killed the wife of the person the feds were trying to arrest by shooting her in the back. And there is no statute of limitations for murder.

More dangerous than American Gestapo is American Psycho — an attitude of government devoid of moral principles. One that — as authoritarians throughout history have done — targets a helpless, hopeless, politically weak minority and justifies murdering those who protest the violence employed in the targeting.

We have a government devoid of social virtue and bent primarily on demonstrating its power over persons. It is unbridled by the good, by the natural law, by the Constitution and by common decency. It has no values. It believes life is meaningless. In its fear of ordinary folks photographing its use of force in the streets, it verbally defends killing the photographer.

This psychotic government claimed the first Minneapolis person its agents murdered was a terrorist. She wasn't. Then it claimed her spouse was a terrorist. She wasn't.

Then it claimed that the nurse videoing its agents was there to kill them because he lawfully carried a handgun and ammunition. He wasn't. Then it claimed he "brandished" his gun. He never touched his gun; the ICE agents took it from him before they executed him. Now it claims this nurse it shot in the back while he was on all fours on the frozen earth and blinded by pepper spray was a threat to its agents. That's hogwash.

Department of Homeland Security Secretary Kristi Noem told the media that her agents felt threatened and so they disarmed the nurse. The Supreme Court has ruled that the Second Amendment which protects the right to keep and bear arms, is as potent as the First Amendment. There was no legal basis to spray or detain the nurse, and thus these agents could no more lawfully disarm him than they could silence his speech about them.

This shameless lying is contradicted by what we all can see.

The same psychotic mentality that argued last year it can execute people on the high seas without trial has brought that might-makes-right nihilism into our streets. If Congress doesn't stop this sickness in the executive branch by defunding it before it is too late, the voters will deem Congress complicit.

Of course, the psychopaths have the upper hand. Watch out, people of Iran. When the psychopaths are failing at home, they will bring us to war abroad.

To learn more about Judge Andrew Napolitano, visit https://JudgeNap.com.

Photo credit: Rob Martinez at Unsplash