Posted on 02/08/2017 7:10:27 AM PST by Lockbox
Let’s look at sections of the Opinion Justice Anthony Kennedy wrote for Arizona v. United States 567 U.S. ___ (2012)
The Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. See Toll v. Moreno, 458 U. S. 1, 10 (1982) ; see generally S. Legomsky & C. Rodríguez, Immigration and Refugee Law and Policy 115–132 (5th ed. 2009). This authority rests, in part, on the National Government’s constitutional power to “establish an uniform Rule of Nat- uralization,” U. S. Const., Art. I, §8, cl. 4, and its inher- ent power as sovereign to control and conduct relations with foreign nations, see Toll, supra, at 10 (citing United States v. Curtiss-Wright Export Corp., 299 U. S. 304, 318 (1936) ).
The federal power to determine immigration policy is well settled. Immigration policy can affect trade, investment, tourism, and diplomatic relations for the entire Nation, as well as the perceptions and expectations of aliens in this country who seek the full protection of its laws. See, e.g., Brief for Argentina et al. as Amici Curiae; see also Harisiades v. Shaughnessy, 342 U. S. 580 –589 (1952). Perceived mistreatment of aliens in the United States may lead to harmful reciprocal treatment of American citizens abroad. See Brief for Madeleine K. Albright et al. as Amici Curiae 24–30.
Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect. See Gregory v. Ashcroft, 501 U. S. 452, 457 (1991) ; U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 838 (1995) (Kennedy, J., concurring). From the existence of two sovereigns follows the possibility that laws can be in conflict or at cross-purposes. The Supremacy Clause provides a clear rule that federal law “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.” Art. VI, cl. 2.
The National Government has significant power to regulate immigration. With power comes responsibility, and the sound exercise of national power over immigration depends on the Nation’s meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse. Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.
I expect 9 Circus to vote against Trump today or tomorrow.
This case is headed to the SCOTUS.
I was listening to a local talk show yesterday afternoon and one thing I picked up on is that people don’t know the difference between ‘illegal’ immigrant and ‘immigrant’...
The lady that called in said that it is a shame that these ‘immigrant’ people come in and work and live like we all do, and now President Trump wants to send them home...
The host of the show tried to explain to her that President Trump is not talking about ‘immigrants’ he’s talking about ‘illegal’ immigrants, she was having no part of that situation...
So I got to thinking, and went back and read what this bill is they are fighting about and it is plain to see it is ‘illegal’ immigration and not ‘immigration’ so somewhere in all this mixed up mess, the message is getting lost, and I blame the media for purposely doing this...
We need to educate on this every chance we get...
‘illegal immigrant’: someone who comes into our Country without apply for a visa to become an American Citizen...
‘legal immigrant’: someone who has come to our Country, gotten a visa and taken American Citizenship...
Well...I ask...why hasn’t POTUS extended an EO ceasing ALL visa and H-1B access to the us beginning today, regardless of immigrant origin?
Doesn’t ‘State’ work for him?
Gave scenario's for Justice Kennedy
He can deny the appeal 2. He can over turn the stay or he can send it to the Supreme Court
The Libs have worked to define all entry = legal immigration.
Why??
Because the court is not privy to Classified Information.
We KNOW that the Buffalo 6, the Boston Bombers, the Ca couple, etc etc etc....all went through vetting. The Ca couple was vetted by 5 organizations.
The problem is....all that vetting is done overseas....and on paper only.
What I think we're trying to do....is start person to person vetting HERE in the US....like what was done on Ellis Island.
I recommend detention camps similar to what we provided to Russian Jews during WWII at Fort Ontario, NY.
Our immigration system is terribly flawed.
I believe that will happen immediately after this TRO ends, be it by decision or time. This is exactly why all the tech companies are fighting him over the 7 country ban.
They know Presidential authority is about to be reaffirmed and there will be nothing they can to stop Trump on H-1B and deportation of illegals.
Indeed, the number of people not differentiating immigrants who circumvent the law to enter illegally is staggering.
Akin to the joke “i wish people were more tolerant, kind, and generous; no more of this ‘who are you? get the hell out of my bed!’ stuff.”
Add to that the fact that RULE OF LAW is not an emotional thing
If it gets turned down today by the Circus Court today.
Tomorrow I would appeal the decision to the USSC.
Then on Friday I would announce the new Refugee camps to deal with Both the Syrians and Mexicans.
I’d flood every Community that the RAT Justices live in with every bad Ombre I could find. In fact I’d instruct the INS to purchase every partial of property close to the residences of the justices and stack it full.
You want them, here. Take a big ole Bite full.
Repubs need to start hammering Kennedy. Remember when Obama interjected himself into the SCOTUS debate on Obamacare? That’s wrong, and President Trump shouldn’t do the same, but others can and should.
I read a sickening story this morning about a large group of multi-national corporations who are working together to provide private assistance for these ‘refugees’. They’re pledging to recruit, hire, and provide other resources.
I wonder if the stock holders of these corporations know about these efforts.
So. The 9th Circus rules against Trump. The case goes before Kennedy, who kicks it up to the SCotUS. The Supreme Court is currently divided 4/4. There’s a 4/4 decision on the case (a tie), which means the 9th Circuit decision stands.
I think Trump moved too quickly on the freeze. He should have waited until he had his SCt nominee confirmed so as to avoid creating binding, negative, precedent.
Add “The Rule of Law” may not apply to the 9th in this case. This case is very important to the left l don’t expect the 9th to do the right thing & Kennedy is susceptible to public opinion.
Citizenship is not automatically connected with immigration. Many people will legally be in the US with a long-term green card, but don’t plan to become citizens.
Your point stands, though, that there is a vast difference between illegal and legal immigration.
The problem is the legal side is not emphasizing that at all. They argue the prior admin and congress designated these countries. The attorney for trump yesterday was ill prepared to argue this point. They specifically asked is there any impending event which we should be concerned about and he waffled around.
‘illegal immigrant’: someone who comes into our Country without apply for a visa to become an American Citizen...
______________________________________________
No, there is no such thing as an “illegal immigrant”
the term is ILLEGAL ALIEN and they come into our country without first applying for permission or a visa to ENTER...
I wish President Trump would call them illegal aliens...
By waffling the Obama holdover probably gave the 9th the cover they wanted. So now there will be a negative precedent. The Trump team really fell into the trap. It’s going to be the left weapon of choice going forward.
“If it gets turned down today by the Circus Court today.
Tomorrow I would appeal the decision to the USSC.
Then on Friday I would announce the new Refugee camps to deal with Both the Syrians and Mexicans.
I’d flood every Community that the RAT Justices live in with every bad Ombre I could find. In fact I’d instruct the INS to purchase every partial of property close to the residences of the justices and stack it full.”
I agree 100% with your post.
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.