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Voters approve Prop. 200 limits on illegal entrants
Arizona Daily Star ^ | 11/3/2004 | Howard Fischer

Posted on 11/03/2004 4:12:31 AM PST by 4.1O dana super trac pak

PHOENIX - Arizona voters approved a contoversial measure its supporters claim may do something about those who cross the border illegally.

Late results Tuesday showed Proposition 200 passing by a comfortable margin. The move came despite the fact that foes outspent supporters during the campaign by a factor of close to 2-1.

'snip'

Proposition 200 will require proof of citizenship when registering to vote and display of some type of identification when casting a ballot.

It also mandates that public employees verify the "immigration status" of applicants for "public benefits>' Workers who ignore the law would be subject to four month jail terms.

The big fight is likely to come in what constitutes "public benefits," a term not defined in the initiative.

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


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Arizona
KEYWORDS: aliens; election; illegalaliens; immigrantlist; immigration; proposition200
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To: Poohbah
Excessively vague laws make one's "privileges and immunities" subject to a legal crapshoot--i.e., you've just violated the 14th Amendment.

First, on the priviledges and immunities clause, you need to read the Slaughterhouse Cases.

Second, the law is specific enough to understand its intent and how it is to be applied. Everyone knows what a non-federally mandated public benfit is. It does not mention specific benefts, but such specificity is not necessary in a common law system such as ours.

41 posted on 11/03/2004 4:27:15 PM PST by curiosity
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To: Ex-Democrat Dean

That's okay -- we'll just appeal to the Supreme Court where our wonderful President will have appointed a good Constitutional Law Judge..


42 posted on 11/03/2004 4:28:19 PM PST by Arizona Carolyn
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To: Poohbah
The term "public benefits" is explicitly defined there?

For the third time, we have a common law system and not a continental system.

43 posted on 11/03/2004 4:28:23 PM PST by curiosity
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To: Arizona Carolyn
That's okay -- we'll just appeal to the Supreme Court where our wonderful President will have appointed a good Constitutional Law Judge..

That will be hard to do with Specter as head of the Judiciary Committee.

44 posted on 11/03/2004 4:30:08 PM PST by curiosity
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To: Poohbah
Does the initiative have a severability clause

Yes it does.

45 posted on 11/03/2004 4:37:26 PM PST by Marine Inspector (Customs & Border Protection Officer)
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To: curiosity

Which we ALL need to push Frist to not let happen.


46 posted on 11/03/2004 4:40:41 PM PST by Arizona Carolyn
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To: freedumb2003

The Prop 200 crowd has been in touch with organizers in other states. Bottom line: in a state referendum, don't try to change Federal law. Don't try to fiddle with the State Constitution and try to avoid changing existing State laws. That's where you're asking for a plague of lawyers to descend upon you.

Instead, work with what laws you already have on the books and find ways to make the state enforce them.

Prop 200 did not get written overnight. Several months were spent just creating a good working draft. Then it was given to the Arizona Legislature's own legal counsel with instructions that it be tested to destruction. The legal counsel provided a number of good tweaks. After that, it was passed to a number of the best legal minds in this country for further study. A couple more tweaks were added and it went to the ballot.

The opposition to Prop 200 was half-hearted at best. The other side knows this is bad ju-ju and will not even try to state the real reasons for their opposition. Instead they call it mean-spirited and divisive, racist, xenophobic, and all the other fun words.

I should admit that the opposition was kept way off balance by a couple of really draconian bills in the legislature. One would have piled all sorts of state penalties on any employer caught knowingly or very negligently employing illegal aliens. Fines, temporary shutdowns, permanent revokation of business licences -- all sorts of fun stuff.

That set them to yammering six times louder than Prop 200 ever did. It also splintered the state GOP and led to a grassroots revolt that is still ongoing.


47 posted on 11/03/2004 4:47:58 PM PST by JackelopeBreeder (Proud to be a mean-spirited and divisive loco gringo armed vigilante terrorist cucaracha!)
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To: JackelopeBreeder

Works for me

I need to get this info into the proper hand (alas, none of them California Republicans)


48 posted on 11/03/2004 4:54:28 PM PST by freedumb2003 (The cool points are out the window and you got me all twisted up in the game)
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To: curiosity
For the third time, we have a common law system and not a continental system.

Coffee, Orange Juice and Sweet Rolls?

49 posted on 11/03/2004 5:02:07 PM PST by freedumb2003 (The cool points are out the window and you got me all twisted up in the game)
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To: freedumb2003
I mean a system based on Roman law, like you have in continetal Europe. Continental legal systems are much more rigid and require more specifically written laws. Common law relies more on judicial discretion, allowing laws to be written more vaguely, making the law more flexible and adaptable to circumstances not necessarily forseen by the law's writers.

There is a vast literature out there in economics and finance which documents that common law systems are much more conducive to economic growth and development than continental legal systems.

50 posted on 11/03/2004 8:24:27 PM PST by curiosity
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To: 4.1O dana super trac pak

"Proposition 200 will require proof of citizenship when registering to vote and display of some type of identification when casting a ballot."

This strikes me as really, really significant. Now, will it be enforced?


51 posted on 11/03/2004 8:25:31 PM PST by faithincowboys
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To: 4.1O dana super trac pak

GOOD!...Maybe the dorks in Washington will get the message that the overwhelming majority of people in this country want immmigration reform...


52 posted on 11/03/2004 8:30:43 PM PST by NATIVEDAUGHTER
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To: Nea Wood
WTG, Arizonans!

Voters only. Most of the politicians, INCLUDING the "Republicans", were against Prop 200.

53 posted on 11/03/2004 8:36:44 PM PST by FlyVet
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To: cyborg

The citizen may have spoken--that is until the ACLU shows up.


54 posted on 11/03/2004 8:50:13 PM PST by Isabelle
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To: B4Ranch

Read later. (I swear)


55 posted on 11/04/2004 4:53:01 PM PST by 4.1O dana super trac pak (Stop the open borders death cult)
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