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Arizona's Constitutional War Powers
The American Thinker ^ | July 09, 2010 | James Carender

Posted on 07/09/2010 3:23:14 AM PDT by Scanian

Given the levels of illegal migration and narco-trafficking across its southern border, the State of Arizona deserves America's commendation for the remarkable restraint it has exhibited in dealing with what has become a most serious international and domestic problem.

Arizona Senate Bill 1070, signed into law by Governor Janice K. Brewer on April 23, 2010, is a tiptoe exercise through an immigration minefield. In its essence, however, the law demands roughly no more of an individual than is required to open an account at the local video store. Indeed, the law presumes that one is not an alien who is unlawfully present in the United States if a valid Arizona driver license, non-operating identification license, tribal enrollment or identification card, or U.S. federal- or state- or local government-issued identification is presented, and if that issuing entity requires proof of legal presence in the United States before issuance of the identification card (Arizona Senate Bill 1070, Section 2). The bill appears intended to work hand in glove with federal immigration statutes and to "discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States" (Section 1).

The route taken by the State of Arizona, enactment of Senate Bill 1070, is far less severe than it could have been if the route taken had been war, as granted to the states by the U.S. Constitution.

Article 1, Section 10, Cl. 3 of the Constitution of the United States of America provides that "[n]o state shall, without the consent of Congress ... engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

(Excerpt) Read more at americanthinker.com ...


TOPICS: Government; Politics
KEYWORDS: aliens; article1section10; druggangs; imminentdanger; invasion

1 posted on 07/09/2010 3:23:20 AM PDT by Scanian
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To: Scanian

Obama is repeating history like Yamamoto and is preparing to attack “Arizona”, this time I hope the governor is ready when Washington makes its Tora! Tora! Tora! attack.


2 posted on 07/09/2010 3:36:51 AM PDT by Eye of Unk ("In a time of universal deceit, telling the truth becomes a revolutionary act" G.Orwell)
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To: Scanian

Gung Ho, Arizona! America is with you!


3 posted on 07/09/2010 3:38:39 AM PDT by hershey
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To: Scanian

I think that Arizona could take Mexico unless the USA decided to come Mexico’s aid and nuked Phoenix.


4 posted on 07/09/2010 3:48:29 AM PDT by pennyfarmer (Your Socialist Beat our Liberal)
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To: Scanian

Since the state of Arizona has the right and duty to wage war against invasion, and when in imminent danger — and clearly both situations exist in Arizona today — it stands to reason that the citizens of Arizona also have that right and duty.

Seems to me like the good people of Arizona could wipe up this problem rather themselves. It may just come to that.


5 posted on 07/09/2010 3:50:41 AM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: ought-six

“Seems to me like the good people of Arizona could wipe up this problem rather themselves.”

Uh, that should read “rather ‘effectively’ themselves.” Things get left out when one is typing with sleep still clouding one’s eyes and the coffee not yet brewed.


6 posted on 07/09/2010 3:53:19 AM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: ought-six
"Uh, that should read ?rather ?effectively? themselves.? Things get left out when one is typing with sleep still clouding one?s eyes and the coffee not yet brewed."

The real problem is that the attack is from the Federal government with the illegal aliens serving as their proxies. The encouragement of illegal aliens by the millions is a tool to remake the US by a ruling elite that is determined at all costs to change society to a model that they decide.

7 posted on 07/09/2010 4:21:06 AM PDT by Truth29
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To: Truth29

The Federales are deliberately allowing the watering down of American society with the scum of Mexican society!


8 posted on 07/09/2010 4:30:04 AM PDT by IbJensen ((Ps 109.8): "Let his days be few; and let another take his position.")
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To: Scanian

Illegal migration and narco-trafficking across its southern border.Congress approved.


9 posted on 07/09/2010 5:27:35 AM PDT by Vaduz
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To: Scanian

Now that was worth clicking the link. Very informative article.


10 posted on 07/09/2010 6:01:56 AM PDT by McGavin999 (I'm sorry, your race card is overdrawn and no further charges can be accepted)
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To: Scanian

I’ve said this elsewhere, but I get the distinct impression that not only is Arizona preparing for a secession bid, they are maneuvering DC into throwing the first punch. There are so many possible outcomes of this lawsuit, I’ve got my bowl of popcorn ready!


11 posted on 07/09/2010 6:49:26 AM PDT by Ellendra (I'll believe it's a crisis when the people who say it's a crisis, ACT like it's a crisis!)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


12 posted on 07/09/2010 6:50:17 AM PDT by HiJinx (I can see November from the front porch - and Mexico from the back.)
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To: Ellendra

13 posted on 07/09/2010 7:48:24 AM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: Scanian

Arizona should quietly draft a law that, win or lose with this lawsuit, should be presented, approved and signed by the governor as soon as the federal case is decided.

A militia bounty law. Here’s how it works.

The State creates a militia that cannot be federalized. This is the original meaning of a State militia, and the only reason that States can have their National Guard federalized is by agreement with the federal government, in exchange for funding, training and equipment.

This new militia offers a flat rate of $100/day, plus a divided bounty bonus on any illegal aliens captured within the US on State lands and especially the Tohono O’odham Indian Reservation, an area about the same size as Connecticut, which reaches from northern Mexico to central Arizona.

(map incorrectly shows the reservation ending at the US border.)

http://myturl.com/0pBzs

Teams of militia members would be equipped with radios and firearms, and be authorized to detain individuals found in the open desert until their identities can be discerned with a valid ID card and/or radio verification.

The patrol area would be designated as a “militia field exercise training area”, requiring the use of valid ID to cross.

While $100/day (along with three meals) doesn’t sound like much, and it isn’t, it would sound attractive to people who are unemployed, especially if their pay is not subject to State tax, and by serving with the militia they would get hiring preference in the future for State jobs.

Any illegal alien detained in the process would be taken to a “field detention site”, a Joe Arpaio-style tent jail near the border, where they could be kept until their foreign identity could be verified, along with fingerprints, and full DNA profile. A judge at the jail could then cite them for trespassing, and sentence them to up to a year at the tent jail.

Unless they agreed to return to Mexico, in which case, they would get a free flight to Mexico City, 1400 miles from the Arizona border.


14 posted on 07/09/2010 8:10:03 AM PDT by yefragetuwrabrumuy
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To: yefragetuwrabrumuy
While $100/day (along with three meals) doesn’t sound like much,

To who? The highest paying job I've ever had, I had to work overtime to even approach that!
15 posted on 07/09/2010 9:07:10 AM PDT by Ellendra (I'll believe it's a crisis when the people who say it's a crisis, ACT like it's a crisis!)
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To: Ellendra

Wages are hard as blazes to determine these days. In this case you have to figure in federal income tax and FICA, plus probably limited health aid, for cuts, scrapes, sprains, sunburn, bites and heat exhaustion. And nine meals for three, eight hour shifts.

And quarters, mileage and uniform allowance might also figure in to official wages.


16 posted on 07/09/2010 10:01:50 AM PDT by yefragetuwrabrumuy
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To: McGavin999

Glad you liked the post.


17 posted on 07/09/2010 11:38:40 AM PDT by Scanian
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To: Ellendra

I can’t see how they would keep their independence. They are landlocked and bordered by California, New Mexico, and Mexico and have relatively few natural resources. Other states would have to join in. Which ones would actually do it?


18 posted on 07/09/2010 11:07:55 PM PDT by Grandma Conservative
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