Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: untrained skeptic
Maybe we should ask Congress to pass a law regulating the "importing" of people so the coyotes can be brought under control.

At the moment all the federales are working on is a body of law built up out of considerations of convenience. There is no specific delegation of authority to the federal government to control the national borders.

Actually, in the federal scheme we have NO national border ~ which is probably why the Founders didn't see fit to delegate that authority to Congress to legislate.

The Courts have gone along with the idea that the federales control the borders, but that's just their opinion. Presumably Arizona has a border and can control it.

72 posted on 07/06/2010 7:09:24 PM PDT by muawiyah
[ Post Reply | Private Reply | To 71 | View Replies ]


To: muawiyah
The Courts have gone along with the idea that the federales control the borders, but that's just their opinion. Presumably Arizona has a border and can control it.

That gets you into the realm of interstate commerce over which the constitution grants the federal government authority. In an area where the federal government is granted authority, federal law superceeds state law. Therefore the federal government can pass a law forbidding state laws like the one Arizona passed.

To my knowledge, the federal government has passed no such law, and without such a federal law, the Arizona law should be perfectly enforcable.

I also think there is little chance in today's political climate of Congress passing such a law. So the Arizona law should be upheld.

As for Coyotes, we already have plenty of laws. The administration has little will to enforce them, and even if they did want to enforce them, Congress refuses to provide enough funding to do so.

Immigration is one of the many topics where Congress will pass a law to present an appearance of doing something, and then not provide funding to actually do it.

73 posted on 07/07/2010 3:53:26 PM PDT by untrained skeptic
[ Post Reply | Private Reply | To 72 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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