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Justice Dept. Expected to Sue Ariz. on Immigration (On Grounds Will Report Too Many Illegals)
The Washington Post ^ | Tuesday, July 6, 2010 | Jerry Markon

Posted on 07/06/2010 6:21:48 AM PDT by kristinn

The Justice Department has decided to file suit against Arizona on the grounds that the state's new immigration law illegally intrudes on federal prerogatives, law enforcement sources said Monday.

The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said.

SNIP

Secretary of State Hillary Rodham Clinton first revealed last month that the Justice Department intended to sue Arizona, and department lawyers have been preparing their case, said the sources, who spoke on condition of anonymity because the government has not announced its plans. The filing is expected to include declarations from other U.S. agencies saying that the Arizona law would place a undue burden on their ability to enforce immigration laws nationwide, because Arizona police are expected to refer so many illegal immigrants to federal authorities.

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


TOPICS: Crime/Corruption; Front Page News; News/Current Events; US: Arizona
KEYWORDS: aliens; arizona; border; justice
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To: kristinn
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes.

That's true. Immigration laws trump State laws at the federal level, BUT

Arizona's laws doesn't concern immigration....they aren't trying to make people citizens.

Arizona's laws concern people living IN the State who are not citizens.

These are called denizens

The common law has affixed such distinct and appropriate ideas to the terms denization, and naturalization, that they can not be confounded together, or mistaken for each other in any legal transaction whatever. They are so absolutely distinct in their natures, that in England the rights they convey, can not both be given by the same power; the king can make denizens, by his grant, or letters patent, but nothing but an act of parliament can make a naturalized subject. This was the legal state of this subject in Virginia, when the federal constitution was adopted; it declares that congress shalt have power to establish an uniform rule of naturalization; throughout the United States; but it also further declares, that the powers not delegated by the constitution to the U. States, nor prohibited by it to the states, are reserved to the states, respectively, or to the people. The power of naturalization, and not that of denization, being delegated to congress, and the power of denization not being prohibited to the states by the constitution, that power ought not to be considered as given to congress, but, on the contrary, as being reserved to the states.
Volume 1 — Appendix, Note D
George Tucker

21 posted on 07/06/2010 6:45:14 AM PDT by MamaTexan (Dear GOP - "We Suck Less" is ~NOT~ a campaign platform)
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To: Daisyjane69
My translation:

It is a travesty the way all of these future democratic voters are being treated by the man! disenfranchisement, I say, I say!

/sarc /sarc /sarc /sarc /sarc

22 posted on 07/06/2010 6:47:59 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx)
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To: erkyl

I’m amazed it took this long for the Ann Arbor city council to get around to it. They’re a bunch of aging marxists in the mold of William Ayers.


23 posted on 07/06/2010 6:48:06 AM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: HighlyOpinionated

The “Declaration of Independence” is a subversive document according to the Department of Homeland Security and the Justice Department. Trying reading that to them, and you’ll end up on a “No-Fly” list at the very least.


24 posted on 07/06/2010 6:51:32 AM PDT by Little Ray (The Gods of the Copybook Headings with terror and slaughter return!)
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To: cripplecreek

Is it any wonder why Michigan is following Illinois and California down the rabbit hole into financial and social oblivion.


25 posted on 07/06/2010 6:53:16 AM PDT by Ev Reeman
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To: kristinn

Several cities (Los Angeles, San Francisco, San Diego, Denver, Miami, Houston, Seattle, and more) have declared themselves Sanctuary City. That is, they are opposed to Federal Immigration Law, and prohibit city employees from taking action that will enforce immigration laws. Yet the Justice Department takes no action against this localities for defying federal law. The Justice Department is instead going to take action against a state that is trying to enforce the federal immigration law!!

This administration is trying to convince us that illegal is legal! I cannot wait until we have a chance to vote this administration out. I am quite worried about all the damage being created until next presidential election.


26 posted on 07/06/2010 6:53:23 AM PDT by jeannineinsd
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To: kristinn

If I were a rapist or a burglar I’d form a union and recruit others to overwhelm the system to make my actions basically legal ....


27 posted on 07/06/2010 6:53:29 AM PDT by Scythian
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To: kristinn
The day is coming when states will recognize the federal compact in the Constitution has been broken by the almighty federal governement and those states will take actions to preserve the Union

You are fooling yourself.

28 posted on 07/06/2010 6:56:01 AM PDT by B-Chan (Catholic. Monarchist. Texan. Any questions?)
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To: Ev Reeman

Actually I find the fact that its taken them this long to be the first in Michigan to be a good thing. Ann Arbor is as liberal as it gets and the city council is taking a beating for considering it.


29 posted on 07/06/2010 6:58:16 AM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: kristinn

true


30 posted on 07/06/2010 7:00:16 AM PDT by dalebert
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To: kristinn
*the Arizona law would place a undue burden on their ability to enforce immigration laws nationwide, because Arizona police are expected to refer so many illegal immigrants to federal authorities.*

BooHoo!

Feds: DO YOUR JOB!
You have money to fly Pelosi around on a jet, 0bama has pizzas flown in from St Louis, you want us to pay more for health care under the draconian laws of the steaming pile called the health care bill, and you want to tax businesses out of existence with the cap n’ trade tax.

Don't TELL ME about any “undue burdens!!!”

Stop wasting money and time on foolishness and secure our border!

31 posted on 07/06/2010 7:11:53 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: kristinn

Enforcing the border *is* the responsibility of the federal government.... But if they do not perform their duties, it MUST fall on the states to protect their citizens


32 posted on 07/06/2010 7:12:44 AM PDT by sten
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To: Daisyjane69

But Obama says that the border is as secure as it has ever been, which means, since it has never been secure, that we have made no progress.


33 posted on 07/06/2010 7:13:19 AM PDT by LachlanMinnesota
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To: Reaganwuzthebest
If this phony challenge were to hold sway then any federal law could not be enforced by the states. Forget those drug and gun laws, I'd like to see the states try that, then these clowns in the White House would file a reverse lawsuit.

No, they would just terminate all federal grants to the state, and bankrupt it.

34 posted on 07/06/2010 7:28:40 AM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: rbg81
*And what exactly is it called with the Federal Government won’t enforce the laws it is claiming preemption authority over?*

You've crystallized my thoughts exactly!

I'd call it shirking. probably not a good idea to call attention to that fact that the Feds are slackers with a giant ridiculous frivolous lawsuit because of a law that 60-95% of the citizens agree with.

It appears that the Feds WANT to anger all the citizens so that they can declare “special emergency measures” and round everyone who protests their illegal despotic activities to the reeducation camps.

Far-fetched, but possible.

35 posted on 07/06/2010 7:39:45 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: kristinn
So. Let's say you mean to haul off a load of firewood in your pickup truck. If I come along and start helping you to stack the wood in your truck, or better yet, just pick up the logs and hand them off to you, thereby allowing you to stack them (or even reject some and toss them aside) as you see fit, then I am "preempting" you?
36 posted on 07/06/2010 7:46:41 AM PDT by Stultis (Democrats. Still devoted to the three S's: Slavery, Segregation and Socialism.)
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To: kristinn
President Barack Obama says America's borders are "just too vast" for the immigration problem to be solved with fences and border patrols alone. (as per TV station WHAM.com)

That's why Missouri passed a law similar to SB1070.

37 posted on 07/06/2010 7:52:13 AM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: kristinn
Translation:

“We are the Federal govt and we are going to dress up in clown suits and make a lot of noise and kick our own a** while trying to appear that we are not doing it.

We hope to do as good a job as Jim Carrey did in the washroom scene in ‘Liar Liar’”

38 posted on 07/06/2010 7:53:48 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: wita
the federal blackmail of federal assistance is holding states in check.

That's exactly right and you know the Feds are thankful states have been equally irresponsible with their budgets so they can continue getting compliance. The next push for 'stimulus' money will be done with the intention of subverting states rights.

39 posted on 07/06/2010 7:56:11 AM PDT by Track9 (Liberals are cruel hateful people who think they pass as respectable citizens.)
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To: cripplecreek

Without looking at a map, I would be hard pressed to tell you how far Ann Arbor is from Dearbornistan, but considering they are both in the same state, it isn’t too surprising what Ann Arbor city council wants to do.

What is surprising is the obvious ignorance of the american people. Wait just a minute, THEY elected Barak Obama president, forget that surprise.


40 posted on 07/06/2010 7:56:46 AM PDT by wita
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