Free Republic
Browse · Search
News/Activism
Topics · Post Article

Speaking of federal law, most Americans are not experts in constitutional law; but they can grasp a clear, straightforward, sentence in plain English in our U.S. Constitution:

Article. IV., Section. 4: "The United States shall guarantee to every State in this Union, a Republican Form of Government, and shall protect each of them against Invasion."

I won't even broach the subject of the important role just plain old common sense plays when a civil order attempts to govern itself and maintain order and justice. That's been unfashionable for years and, as we become increasingly balkanized and fragmentized, power goes to the loudest and best mobilized pressure groups and special-interest factions.

1 posted on 06/24/2010 2:22:51 PM PDT by T.L.Sink
[ Post Reply | Private Reply | View Replies ]


To: T.L.Sink

Make it illegal in the State of Arizona for an alien to not register with the government, thus being an “illegal alien” (already the case at the federal level: 8 USC 1306a; USC 1304e)

Allow police to detain people where there is a “reasonable suspicion” that they’re illegal aliens (see the recent court case Estrada v. Rhode Island for an idea of what “reasonable suspicion” might entail)

Prohibits sanctuary cities (already prohibited at the federal level, 8 USC 1373) and allows citizens to sue any such jurisdiction

Reality vs. Myth: SB1070

Myth No. 1: The law requires aliens to carry identification that they weren’t already required to carry.

Reality: It has been a federal crime (8 United States Code Section 1304(a) or 1306(e)) since 1940 for aliens to fail to carry their registration documents. The Arizona law reaffirms the federal law. Anyone who has traveled abroad knows that other nations have similar requirements. The majority requests for documentation will take place during the course of other police business such as traffic stops. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country. (See News Hour clip 3:45 seconds in)

Myth No. 2: The law will encourage racial profiling.

Reality: The Arizona law reduces the chances of racial profiling by requiring officers to contact the federal government when they suspect a person is an illegal alien as opposed to letting them make arrests on their own assessment as federal law currently allows. Section 2 was amended (by HB2162) to read that a law enforcement official “may not consider race, color, or national origin” in making any stops or determining an alien’s immigration status (previously, they were prohibited in “solely” considering those factors). In addition, all of the normal Fourth Amendment protections against racial profiling still apply.

Myth No. 3: “Reasonable suspicion” is a meaningless term that will permit police misconduct.

Reality: “Reasonable suspicion” has been defined by the courts for decades (the Fourth Amendment itself proscribes “unreasonable searches and seizures”). One of the most recent cases, Estrada v. Rhode Island, provides an example of the courts refining of “reasonable suspicion:”

A 15 passenger van is pulled over for a traffic violation. The driver of the van had identification but the other passengers did not (some had IDs from a gym membership, a non-driver’s license card from the state, and IDs issued from the Guatemalan Consulate). The passengers said they were on their way to work but they had no work permits. Most could not speak English but upon questioning, admitted that they were in the United States illegally. The officer notified ICE and waited three minutes for instructions.

The SB1070 provision in question reads:
“For any lawful contact made by a law enforcement official or agency of this state . . . where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.”

Myth No. 4: The law will require Arizona police officers to stop and question people.

Reality: The law only kicks in when a police officer stopped, detained, or arrested someone (HB2162). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do.

Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien.

The Arizona law is actually more restrictive than federal law. In Muehler v. Mena (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has “held repeatedly that mere police questioning does not constitute a seizure” under the Fourth Amendment). Source = http://www.numbersusa.com/dfax?jid=475466&lid=9&rid=123&series=tp06MAY10&tid=999725


2 posted on 06/24/2010 2:27:22 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

Would be willing to make a sizable wager that any “illegals” walking about with axe or shovels will be met with local ranchers or other American citizens carrying semi automatic high caliber weapons, not axes and shovels. Not so good to bring axe and shovel to gun fight. Guaranteed lose.


3 posted on 06/24/2010 2:33:08 PM PDT by dusttoyou (libs are all wee wee'd up and no place to go)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink
What Arizona and other illegal Mexican-infected states need to do is subpeona Federal government representatives of Immigration Control to Court and bring criminal negligence charges against them each and every time an American citizen is violated by an illegal alien; especially in those cases where a State has apprehended a potentially dangerous illegal, notified ICE, and ICE failed to respond according to Federal Law mandates. Law suits seem to float the boats of the liberals, it's time to turn the tables.
5 posted on 06/24/2010 2:41:21 PM PDT by jiminycricket000
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

All Illegal Mexicans are criminals.

Many are gang members, drug traffickers, human smugglers, uneducated scum of Mexican society and just plain trash that make this country look even worse than it is!!!

They steal our economy, they threaten our liberty, rape our women, murder us, steal our property, then they protest on US streets appearing as though they’ve invaded our country!!

Those citizens who join this rabble in protest are worse than the illegals and apparently don’t believe the rest of us are paying attention to their treachery.


6 posted on 06/24/2010 2:43:16 PM PDT by IbJensen ((Ps 109.8): "Let his days be few; and let another take his position.")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink
Headline:

"Mexicans Carrying Shovels to Barrett .50 Fight Lose, Big Time"


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

7 posted on 06/24/2010 2:59:26 PM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

Scary! And these are the folks B.H. Obama and J.S. McCain want to see more of in this country.


9 posted on 06/24/2010 3:07:32 PM PDT by apocalypto
[ Post Reply | Private Reply | To 1 | View Replies ]

To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


10 posted on 06/24/2010 3:13:16 PM PDT by HiJinx ("Looks like we're a'gonna have to read to 'em from the Good Book, Pa.")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

They can bring a shovel to an ax fight against my gun so they can pre-dig their grave.


11 posted on 06/24/2010 3:30:13 PM PDT by diverteach (D.C. has become Jonestown.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

My fear is that they’re going to keep screwing around on this issue until some serious “smack” happens. I’ve already heard about vigilantes headed to the AZ/Mexico border, locked and loaded.


14 posted on 06/24/2010 4:00:04 PM PDT by Marauder (Liberalism is socialism light, socialism is communism light, and communism is slavery.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

Never bring axes and shovels to a gunfight!


15 posted on 06/24/2010 4:07:10 PM PDT by SwinneySwitch (Victory or Death!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

28 posted on 06/25/2010 12:46:27 PM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

Don’t bring an ax and a shovel to a gun fight beaners, just a word of advice.


29 posted on 06/25/2010 3:15:02 PM PDT by mojitojoe (banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

Have at it skank.


30 posted on 06/25/2010 3:22:48 PM PDT by Gabrial (The Whitehouse Nightmare will continue as long as the Nightmare is in the Whitehouse)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

Bookmark


31 posted on 06/25/2010 3:24:28 PM PDT by dragnet2
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink
Does the crowd in this short video clip remind you of a Third World mob? An election in a banana republic? Perhaps a staged assembly of the rabble and social scum that even Dr. Marx referred to with utter contempt as Lumpengesindel?

"We have Nicaragua, soon we will have El Salvador, Guatemala, Honduras, Costa Rica, and Mexico. One day, tomorrow or five years or fifteen years from now, we're going to take 5 to 10 million Mexicans and they are going into Dallas, into El Paso, into Houston, into New Mexico, into San Diego, and each one will have embedded in his mind the idea of killing ten Americans."

--Thomas Borge, Nicaragua Interior Minister as quoted in the Washington Times, March 27, 1985

33 posted on 06/25/2010 7:21:24 PM PDT by archy (Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink
Illegals Threaten to Murder Americans with Axes and Shovels

Illegals as terrorists. . .

34 posted on 06/26/2010 3:06:14 AM PDT by cricket
[ Post Reply | Private Reply | To 1 | View Replies ]

To: T.L.Sink

bttt


36 posted on 06/26/2010 12:50:47 PM PDT by Dante3
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson