Expert: State immigrant laws might fail (may turn out to be ruled unconstitutional)

AP on Yahoo ^ | 8/19/06 | Eric Schelzig - ap

[Lobbyist]

The States who have enacted a post-secondary education benefit to illegal aliens are in violation of Federal law. It is unconstitutional. The state of Kansas is being sue by American citizens. We are awaiting a decision from the 10th Circuit.

[NewRomeTacitus]

If the 1986 Immigration Act stated that the Federal Government's solely responsible for enforcement the Constitution itself overrules it because the States are granted the power to administrate what the Feds can't or will not (the way I read it). It will take a hearing to make it clear but the case for Federal negligence of responsibility is inarguable.

[MeneMeneTekelUpharsin]

There is a massive segment of the population, nearly 82% in some polls, who are right to the point of being pushed into counter action against those who would destroy our country and hold up the breaking of our laws.

Ha ha ha ha. You and all of the rest will do NOTHING. You can blow and holler and threaten and blah, blah, blah but no one will lift a finger to do ANYTHING because you're all afraid of the Federal government. Ha ha ha ha.

[doc]

We can thank the current administration and congress for not taking action to protect our borders. Vote both parties out or you'll be sorry!

[ARealMothersSonForever]

Vote both parties out or you'll be sorry!

Ummm, OK. Please tell those of us in the unwashed masses which party to vote for. Marxists? Socialists? Communists? Libertarians? The freakin Whigs got un-Whiged and co-opted by the GOP.

It is a good thing that we have a constitutional republic. Else the Anarchists would have a field day.

[eeevil conservative]

but where did you sleep last night?

;-)

[AmericanInTokyo]

Aw blow it out yer +++ you rude ++++++

[stephenjohnbanker]

No kidding........sheesh!

[stephenjohnbanker]

: ) ................... : )

[stephenjohnbanker]

You have your head up your butt, pal. Wait one more year, and if nothing changes, there will be hell to pay.

[old republic]

I suppose that the states could make that argument since the US Constitution does not explicitly delegate the authority to regulate immigration to the Feds. It only gives them the power to create uniform rules for naturalization. It says nothing about immigration. Since that power is not delegated, I suppose that the states could attempt to claim it through the 10th amendment. However, I am skeptical that such a challenge could survie a court challenge, because the Feds have exercised control over this authority for so long. To limit federal power would also limit the power of the federal courts themselves, and typically they are less inclined to do that.

[American in Israel]

What is Unconstitutional is lawyers defining laws instead of the elected representatives of the people. But I am sure that thought will never come up from the Judges who are lawyers in priest robes.

[MeneMeneTekelUpharsin]

Wait one more year, and if nothing changes, there will be hell to pay.

You are going to eat your words, or I will eat mine. Bookmark this post.