Posted on 12/06/2004 6:20:55 PM PST by JackelopeBreeder
PHOENIX - Arizona Gov. Janet Napolitano has asked a federal judge for permission to sign a voter-passed immigration initiative, despite the issuance of a temporary restraining order blocking its implementation.
The governor's office filed a motion Friday in U.S. District Court in Tucson asking Judge David C. Bury to allow her to issue a proclamation making Proposition 200 law.
The Arizona Constitution requires her to declare as law the measure, which would mandate proof of citizenship for voter registration and proof of residency status for some government services.
Napolitano had planned to sign the proclamation last week, but she said then it appeared the temporary restraining order barred her from doing so.
Bury issued the order blocking implementation after Proposition 200 opponents filed a lawsuit raising questions about the constitutionality of the initiative, which was approved by voters on Nov. 2.
The motion from the governor was intended "to get it out of the way, so that doesn't have to be yet another step it has to have" if the restraining order is lifted, Napolitano said Monday.
Proposition 200 backers promoted the measure as a way to begin cracking down on illegal immigration in Arizona, the busiest illegal entry point on the U.S.-Mexico border.
It requires proof of legal immigration status when obtaining some government services and proof of citizenship when registering to vote. Government workers who don't report illegal immigrants who try to get benefits could face jail time and a fine.
Napolitano's motion asked Bury to limit the restraining order to Proposition 200's service provisions. That would allow the state to submit the voting provisions to the U.S. Justice Department for a voting rights review, the motion said.
Opponents said Proposition 200 is unconstitutional because it usurps the federal government's power over immigration and naturalization. The lawsuit against the initiative argues that the law will jeopardize families who depend on public benefits for basic necessities.
Napolitano called the act of signing the initiative a ministerial act, which does not affect social services until a decision is made by the courts.
"Proclaiming is not the same as implementing," Napolitano said.
bump
Ping!
ping
It's really BS when a judge can override the peoples vote Just goes to show you how much the Federal government has invaded the rights of the states to govern themselves. The judge should be tared and feathered.
What the heck ever happened to "Separation of Powers"?
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It's really BS when a judge can override the peoples vote Just goes to show you how much the Federal government has invaded the rights of the states to govern themselves. The judge should be tared and feathered.
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No, the real issue is that the governor went and asked permission.
I'm not even sure what we are seeing is judicial tyranny. A tyranny supposes an unwilling, subjugated people. But what if the people are content to be ruled over? What is the word we use for someone who rules over the domesticated? Well, in the case of dogs, we call him Master.
She'd better if she wants to keep her job past Nov '06.
She's already on her way out with her illegal alien appeasement games as it is, imho.
Please let JD Hayworth run.
I see a couple of factors in play.
1. The White House and Senate cutting the immigration measures out of the Intel Czae bill is getting a lot of Arizonans riled up and the governess knows it.
2. She's a Dem facing a big majority Republican legislature and a lot of RINOs got purged in the last election. She could be facing a prolonged Maalox moment for the next tw years.
3. She's a lawyer and knows exactly what chances Prop 200 has for survival. She also knows that some of the more conservative members of the legislature have ideas that make Prop 200 look like a minor adjustment in fines for overdue library books.
No kidding! She should just do it Governor of the state and see what happens. This would be a great battle if the "judge" didn't back down. I'd love to see it.
FMCDH(BITS)
Jenifer has no balls. And it shows. Asking judges for permission. I wish I was governor for a day. I might arrest some judges but I would not kowtow to them. What a joke. Arizona is changing, and not for the better. But, on the upside it went for Bush. Maybe they will dump this gutless wonder.
BUMP!
A little CYC on her part.
What happened to separation of powers?
Can a state judge bar the state governor from executing her powers? Shouldn't the judge have waited for the governor to sign the bill before ruling on the law?
And why is a governor going to a federal judge to ask permission to execute her own powers?
-PJ
Nope, if the judge says no, she can claim that she tried. She doesn't want to do it, this will put the monkey on the judges back and make her look "good".
What do the STUPID people from AZ think would happen when they
elected this DemocRAT turd bitch to be Gov.
If she had any backbone at all she would have told the judge he was out of order and put it in place anyway. Now the state is going top have to fight this all the way to the fed Supreme court which takes it out of the states hands. Maybe this is what she had in mind when she asked a Fed judge fopr permission(BS)
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