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To: muawiyah

Nobody you’re addressing is arguing that they ought to. This is a matter that is constitutionally assigned to the Feds. Congress could declare it a misdemeanor or worse if they wanted to.


169 posted on 04/25/2010 5:07:57 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: HiTech RedNeck
Uh, the Constitution, at best, allows the task of setting standards for immigration to fall to the federales as an "implied power", not as a Constitutionally reserved power.

Like many laws over the centuries they have been enforceable by both the federal and state governments.

The Runaway Slave act springs to mind. There were federal penalties applicable to local sheriffs who used to assist in enforcement by slave catchers. More recently we've had states busting dope peddlers (under state law) and handing them over to the federales for concurrent prosecution under federal law.

It's really not a revolutionary idea that states can assist in dealing with federal problems.

In reality the Constitution doesn't even mention IMMIGRATION. You might check what the USSC has said in the past, specifically that the Congressional power to regulate naturalization, in Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]).

178 posted on 04/25/2010 5:15:10 PM PDT by muawiyah ("Git Out The Way")
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