Posted on 04/28/2010 11:50:15 AM PDT by Starman417
A whole lot of debating going on about the Arizona law to enforce the immigration rules already on the books...mostly from the "expert" talking heads like Jon Stewart and other "reporters," but lets get down to a few of the nuts and bolts. On the legal side Jonathan Adler writes about the preemption argument that much of the legal challenges will go after. He quotes Jack Balkin who wrote:
There is a much stronger argument that the new Arizona law, while purporting to be helpful, actually sticks a thumb in the eye of the federal government by engaging in draconian measures. The Arizona legislature appears to be saying, in effect: “since you won’t police the borders, we will, and if you don’t like it, pass some new legislation.” If this is the point of the new Arizona law, then the law isn’t really an attempt at cooperation but an attempt at provocation and one-upmanship, and the chances that it is preempted increase.
Hmmm, where have we seen this kind of State practice before? A-ha! In my own state. Adler:
If I understand him correctly, he is suggesting that the preemption question turns, in part, on whether a state is seeking fill a gap left by federal inaction in the hope at provoking a federal response, such as more comprehensive federal legislation. Given that I focus much of my time on environmental law and policy, this is a particularly provocative claim, as it would seem to apply to many recent state climate change enactments. Various states have adopted climate change policies even though states are incapable of having an appreciable effect on atmospheric concentrations of greenhouse gases. One of the defenses of these laws is that the federal government has abdicated its responsibility to address climate change, so states should be free to act, even if that means adopting inefficient measures, as such actions could spur a federal response. So it was argued that California should be allowed to adopt greenhouse gas emission standards for motor vehicles because the Bush Administration had failed to act. Further, the prospect of variable state standards might prompt the auto industry to support federal action, much as state-level environmental controls in the 1960s prompted the auto industry to support federal air pollution legislation.
Now, onto the "show me your papers" argument. Our President, being his oh so helpful self, interjected himself into the debate when he proclaimed that the average Hispanic person will get stopped by the police for getting an ice cream.
Read more at floppingaces.net...
Well, Zer0, I see absolutely NOTHING wrong in hasseling illegals 24/7. In fact, I want them so frightful of it that they go the HELL HOME!
So wheres the problem ?
harassment?! I’m hoping for a helluva lot more than that... I’m think cage and ship
“Well, Zer0, I see absolutely NOTHING wrong in hasseling illegals 24/7”
Ditto! Paying (both in money and increased crime) for their sorry asses is a bit of hassle too, Mr. Flap-Eared Socialist-In-Chief.
If the feds can’t (or won’t) do their job, that means no one can? Wait till the other states follow.
These liberal wingnuts are so convoluted and upside down it’s sickening.
SO WHAT!
Harassment? I hope it leads to DEPORTATION!!!
Zer0 has a real aversion to showing papers. Kinda personal.
Oh Mr. Obama, please, you need to start over and this time pay attention to the basics. Here, I’ll get you started.
From the Declaration of Independence: “ That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Now Obaaamaa, if you keep pushing, you might just see a push back.
We are not black, we are not white, we are Americans, and YOU and your corrupt racist bastards are not going to change that. Period.
Lead, follow or get the hell out of the way.
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