Posted on 08/10/2011 6:52:37 PM PDT by montag813
Arizona Gov. Jan Brewer signing S.B. 1070, April 23, 2010 (Newscom)
by John Hill
Stand With Arizona
The game is afoot.
Arizona Governor Jan Brewer today filed her first of a likely two petitions to the U.S. Supreme Court. This first "Petition for a Writ of Certiorari" specifically appeals the injunction blocking most of Arizona's S.B. 1070 from taking effect. U.S.District Judge Susan Bolton last year placed this injunction in effect while she considers the constitutionality of the law, citing a rather implausible "harm to the United States" that would supposedly result were the provisions to take effect in the duration. The liberal 9th Circuit Court of Appeals then upheld her injunction, and added Mexico, and a half dozen other Latin American governments as part of that "harm", an outrageous expansion of immigration law as inclusive of foreign powers.
In a nutshell, this appeal will not settle the final constitutionality of S.B. 1070. That must wait first for Bolton's final determination sometime next year, and after the Clinton-appointee's likely finding against Arizona, for an appeal back to the full 9th Circuit.
What Brewer is attempting to do now is have the Supreme Court vacate the injunction and allow the following provisions of S.B. 1070 to go into effect as written:
EXCERPT...READ THE REST HERE
The wheels of justice turn slowly. Very, very, slowly. You’re falling asleeep...
Some candidates are going to be forced to take some uncomfortable positions on this. I’m looking for a candidate who can speak honestly about this with complete comfort.
I kind of wonder if Jan Brewer isn’t doing this for a greater reason than simply protecting her state.
Article VI - Debts, Supremacy, Oaths
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Amendment 10 - Powers of the States and People.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And what she should be doing is Stop Playing Defense and go on offense, implement the Law, tell the Federal Judge to go Pound Sand, The State of Arizona does not ever bow to the wishes of an “inferior” court. The Constitution is Crystal Clear the ONLY the Supreme Court has Jurisdiction in All cases where a State is a Party to the Action. Order the County Sheriff’s to Exercise Their Constitutional Authority as the Supreme Law Enforcement Official of the County they were ELECTED. Yes there is Supreme Court Precedence declaring so. Then the ball will get rolling, and right now Obama would be helpless to do anything about it without kicking off the Obama Revolution.
Ping!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.