[Political Junkie Too]

It will be interesting to see how AZ defends this law against the ‘Supremacy Clause’.

I'm trying to find in the Constitution where it says the federal government "owns" immigration enforcement.

I see very few references, if any. Here is what I do see:

Article I Section 8 Clause 4:

"To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"

Are they suggesting that a "uniform rule of Naturalization" includes violating those rules, and that such violations of the uniform rule are in their jurisdiction alone to enforce? Arizona is not establishing a rule of naturalization. What about people who come here illegally with no intention to naturalize? Do they fall under this?

Article I Section 8 Clause 10:

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

Are they saying that illegal entry into this country is an offense against the Law of Nations?

Amendment 14:

"1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Amendment 14 talks about citizens. The last part of section 1 speaks to "person[s]" being deprived of due process. Sure, illegal "persons" will be deprived of liberty, but not without due process.

So unless we're talking about invasions, where in the Constitution is the power to enforce immigration that the Supremacy Clause is being used against Arizona?

-PJ

[Hoosier-Daddy]

In all respects, we are being invaded, and the Federal Government is purposefully ignoring their responsibilities.

[PapaBear3625]

Arizona could counter-sue the federal government under Article IV, Section 4:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Arizona's gov could declare that the armed Mexican drug gangs which have effectively taken over parts of Arizona territory constitute an invasion, and demand the courts issue a "writ of mandamus" against the feds to fulfill their Constitutional duties.