Posted on 04/22/2012 7:15:48 PM PDT by jazusamo
Voters back state over feds
The Supreme Court’s health care showdown last month was all about Constitution theory and prerogatives. Wednesday’s arguments between Arizona and the Obama administration over the state’s tough immigration law looks to be all about power.
Arizona argues that the federal government has failed to enforce its laws on the books and says states should be free to enforce their own laws as long as they complement the national goals. Obama attorneys say the Constitution gives power over immigration to the federal government, and there can be no infringement.
The electorate is clearly on the side of Arizona: A Quinnipiac University Poll last week found that 62 percent of voters said they want the court to uphold the law.
But what the justices do is another matter altogether.
The law at stake, known as S.B. 1070, would grant state and local police the power to check the immigration status of those with whom they come into contact who they suspect are in the country illegally. It also requires legal immigrants to carry their papers — a mandate of federal law.
First a district court and then the 9th U.S. Circuit Court of Appeals blocked those parts of the law, sending S.B. 1070 on to the Supreme Court.
In the meantime, other states — including South Carolina, Alabama, Georgia and Utah — have followed Arizona’s lead in granting police enforcement powers.
Michael Wildes, an immigration lawyer in New Jersey, said filling in where the federal government is failing is not a constitutional reason to tread on federal prerogatives.
(Excerpt) Read more at washingtontimes.com ...
Ping!
I doubt the USSC is going to hand over total exclusivity to the federales when it comes to the 14th Amendment ~ and some earlier pre-existing clauses in the Constitution.
Give you an idea of how things are supposed to work ~ let's say there's a law that prohibits assassinating a President (and, actually, there is such a law). So, Kennedy gets shot in Dallas. The state and local police swung into action instantly to catch the perp.
Can you imagine the Dallas cops or the Texas Rangers telling the federales, "Hey, good luck guys in your pursuit of the perp but the USSC says we can't get involved in enforcement of federal law".
Good post, I agree. Also a good analogy, if I remember correctly it was Dallas PD that nailed Oswald.
I thought Jack Ruby nailed Oswald.
Yep, Ruby put the final nail in him.
Yep, you got it. If a foreign felon killed a government employee on government property in New Mexico and then fled to Mexico, the same twisted logic would mean that Joe Aripao could not arrest and detain him if he came across the border into Arizona????
The Obama administration is destroying the rule of law by selectively enforcing some laws and ignoring other.
Yep, you got it. If a foreign felon killed a government employee on government property in New Mexico and then fled to Mexico, the same twisted logic would mean that Joe Aripao could not arrest and detain him if he came across the border into Arizona????
The Obama administration is destroying the rule of law by selectively enforcing some laws and ignoring other.
The court had better back the states. If not, the rle of law will devolve, and illegal aliens will eventually be shot on sight by ranchers and other Arizona patriots.That will stop the flow of illegal aliens COLD. This stoppage is what Obama DOES NOT WANT. Thus the reason for Obama’s non enforcement of current immigration law.Obama wants millions of immigrants so he can destabilize our nation section by section.
This refusal to enforce federal law is cause for impeachment of Obama and Holder both.Their activities are unconstitutional and in breach of the law, and both should be treated like criminals, rather than office holders.The court could be asked to point this out.
I couldn't agree more. This has been going on from day one of Obama taking office on this issue and others, it's pathetic. We have checks and balances with the three branches of government but it seems they work very slowly if at all.
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