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GOP Lawmakers, Some Dems Blast Justice Department Suit Against Arizona Law
CBSNews ^ | Today

Posted on 07/06/2010 1:37:54 PM PDT by jessduntno

The Obama administration is facing harsh backlash from several lawmakers today after filing suit against the state of Arizona over its controversial immigration law.

The Justice Department today filed suit against the state's law, which makes it a state crime to be in the country illegally, arguing that it unconstitutionally usurps federal authority to enforce immigration laws. Republicans and some Democrats say that while immigration is a federal issue, Arizona should not be punished for acting in response to the federal government's failure to meet its responsibility.

Rep. Lamar Smith (R-Texas), the top Republican on the House Judiciary Committee, and 19 other Republicans in the House sent a letter to Attorney General Eric Holder today saying that the suit against Arizona's law "reflects the height of irresponsibility and arrogance."

"Arizona has taken a reasonable, constitutional approach to dealing with a problem that has been ignored by the Obama Administration," the letter says. "This lawsuit reveals the Obama Administration's contempt for immigration laws and the people of Arizona. It reveals contempt for the majority of the American people who support Arizona's efforts to reduce human smuggling, drug trafficking and illegal immigration."

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


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Arizona; US: Texas
KEYWORDS: aliens; arizona; brewer; illegalimmigration; texas
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To: Jabba the Nutt
If anyone gets murdered due to this racial incitement, the blood is on Obama's hands.

...and do you think he cares one iota?!? All he do is blame President Bush!!!

21 posted on 07/06/2010 2:28:28 PM PDT by top 2 toe red (Not supporting a corrupt, Marxist, Socialist President makes me a racist?!? Then a racist I am!!!)
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To: jessduntno
This is going to hurt ALL dims in Nov.

Just when you think they can't get any dumber...

22 posted on 07/06/2010 2:31:58 PM PDT by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: top 2 toe red
If anyone gets murdered due to this racial incitement, the blood is on Obama's hands. ...and do you think he cares one iota?!? All he do is blame President Bush!!!

A good crisis is a terrible thing to waste. Murder on the border - must have COMPREHENSIVE REFORM before we can stop the murders. /sarc
23 posted on 07/06/2010 2:33:39 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Mariner

Every dim candidate in the US needs to be ON THE RECORD on whether they support this lawsuit, and whether they support passing a law that will deny the Justice Dept funding for PURSUING this in the courts.


24 posted on 07/06/2010 2:38:13 PM PDT by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: Wally_Kalbacken
If their case weren't so weak, it would be hilarious, but the fact they are willing to expend whatever political capital they THINK they have on this nonsense worries me...they are more out of touch with reality than I thought, or are ready to engage in a more forthright coups d'etat..

A coup d'état (pronounced /ˌkuːdeɪˈtɑː/, us dict: kōō′·dā·tâ′), or coup for short, is the sudden unconstitutional deposition of a legitimate government, usually by a small group of the existing state establishment — typically the military — to replace the deposed government with another, either civil or military. A coup d’état succeeds when the usurpers establish their legitimacy if the attacked government fail to thwart them, by allowing their (strategic, tactical, political) consolidation and then receiving the deposed government’s surrender; or the acquiescence of the populace and the non-participant military forces.

Typically, a coup d’état uses the extant government’s power to assume political control of the country. In Coup d'État: A Practical Handbook, military historian Edward Luttwak says: "A coup consists of the infiltration of a small, but critical, segment of the state apparatus, which is then used to displace the government from its control of the remainder”, thus, armed force (either military or paramilitary) is not a defining feature of a coup d’État.

25 posted on 07/06/2010 2:52:44 PM PDT by jessduntno (I'm not a racist, you're just saying that because I'm white.)
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To: Wally_Kalbacken

Excellent point. I agree that “source documents” should be used as often as possible in matters such as this. Also, Kudos to WaPo for posting the reader versions of the complaint and the law side by side.

I’m anxious to hear Levin comment on the complaint. They argue that AZ is making it’s own immigration policy (which they obviously aren’t) to claim violation of supremacy, and argue that they’re interfering with illegals movement from state to state - violating the commerce clause. Now that takes some huevos (pun intended)

I find it amazing that in the body of the argument they contend that inquiring into immigration status should be at the “discretion” of the officer. Amazing. They seem to concede that an officer is within his authority to question legal status - but his authority is only valid if it is used under his sole discretion. Bizarre, absolutely Bizarre.

Like I said I read it myself - but I’m anxious to hear Levin’s take.


26 posted on 07/06/2010 3:05:07 PM PDT by crescen7 (game on)
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To: Wally_Kalbacken

Inasmuch as you are a lawyer, maybe you’d like to take a stab at answering a question that popped into my mind as I read this post. While I’m doubtful that it will happen, if the GOP captures both houses of Congress this November, are cases like this in the area in which Congress can limit the federal judiciary’s jurisdiction, or is such a matter one of the areas in which the Constitution gives the Supreme Court original jurisdiction? And if Congress could deny federal court jurisdiction over this matter, would such action be subject to an Obama veto?


27 posted on 07/06/2010 3:14:27 PM PDT by Spartan79 (Malo periculosam libertatem quam quietam servitutem.)
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To: Wally_Kalbacken

Your first point is the one that matters. The Feds are claiming that their power to create immigration law has been usurped by the State of Arizona, yet the Arizona law does not change Federal law one iota. My question is this: Can a judge order the Federal government to pay Arizona’s legal fees for filing such a frivolous suit? Remember Billy Dale.


28 posted on 07/06/2010 3:18:34 PM PDT by Hoodat (.For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Berosus; texasredhead8712; TexKat; ValerieTexas; AdmSmith; bigheadfred; blueyon; ...
Thanks jessduntno.
29 posted on 07/06/2010 3:52:01 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: jessduntno
arguing that it unconstitutionally usurps federal authority to enforce immigration laws.

Do States investigate federal crimes? I think so. Do they arrest people that break federal laws? I think so. Whats the big deal with this?

30 posted on 07/06/2010 3:59:27 PM PDT by Paradox (Socialism - trickle up poverty.)
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To: jessduntno
"Rep. Lamar Smith (R-Texas), the top Republican on the House Judiciary Committee, and 19 other Republicans in the House sent a letter to Attorney General Eric Holder today saying that the suit against Arizona's law "reflects the height of irresponsibility and arrogance."

Glad to hear it!

Is Smith up for election this fall? Where do I send money!
31 posted on 07/06/2010 5:51:30 PM PDT by indthkr
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To: Jabba the Nutt

IT is my hope that they will find a way to disbarr both BO and holder after he is thrown out of office. Some prison time might feel good too.


32 posted on 07/06/2010 5:51:34 PM PDT by Always Independent
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To: top 2 toe red

That comment was not directed at Obama. It was to inform Americans of what Obama is doing, the consequences of those actions and that he should be held accountable for the predictable results of his actions.


33 posted on 07/07/2010 1:55:29 AM PDT by Jabba the Nutt (Are they insane, stupid or just evil?)
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To: jessduntno

Huge strategic mistake for the Obama Insane Clown Posse.


34 posted on 07/07/2010 7:20:31 AM PDT by Weird Tolkienish Figure
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To: Wally_Kalbacken

If their suit is based on preemption, then anyone who preempts federal immigration in the affirmative (or negative) should be sued...that SHOULD include cities who afford “sanctuary” status to illegals.(which is preempting FEDERAL law )


35 posted on 07/07/2010 7:53:18 AM PDT by WOBBLY BOB (drain the swamp! ( then napalm it and pave it over ))
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To: lodi90

Congressman Lamar Smith isn’t stupid.

He is ranking member on House Judiciary, having to put up with the likes of John Conyers and other stupid Socialists on the Committee.

He only did his job by sending a firm declaration to Holder. Of course it will be ignored. Even Jan Brewer’s letters to President Obama have been ignored. Are you saying people can’t walk and chew gum at the same time? Gov. Brewer has also taken action in addition to writing letters.

For many years when I lived in another congressional district, Lamar Smith was my congressman. I know the man and he is very conservative and anything but stupid.


36 posted on 07/07/2010 8:04:04 AM PDT by txrangerette ("...hold to the truth; speak without fear". - Glenn Beck -)
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To: indthkr

It really doesn’t matter if he’s up or not up, because he is a perpetual shoe-in. That’s because he mirrors the conservative, common-sense views of his constituents and is a good, decent man. Send your money to a conservative who is in trouble in a swing district or is trying unseat a leftist or RINO incumbent. That will make effective use of it.


37 posted on 07/07/2010 8:07:54 AM PDT by txrangerette ("...hold to the truth; speak without fear". - Glenn Beck -)
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To: jessduntno; hiredhand; Gilbo_3; Squantos; stephenjohnbanker; DoughtyOne; sickoflibs; mkjessup

“...Rep. Lamar Smith (R-Texas), the top Republican on the House Judiciary Committee, and 19 other Republicans in the House sent a letter to Attorney General Eric Holder today saying that the suit against Arizona’s law “reflects the height of irresponsibility and arrogance.” ...”

Wow...they sent a letter...THAT’S showin’ ‘em, boy oh boy...I’m sure glad they got TOUGH with ‘em...yeah, man...I’ll bet Holder’s SHAKING in his jackboots right about now after that letter...

Next thing you know, they might use (shudder, quake) harsh language...and (Heaven forbid) wag a finger at them while saying “Tsk Tsk”...

...and while the rest of the country is burning down, our “firemen” stand there marveling at the brightness of the flames...


38 posted on 07/07/2010 8:46:59 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: NFHale
Wow...they sent a letter...THAT’S showin’ ‘em, boy oh boy...I’m sure glad they got TOUGH with ‘em...yeah, man...I’ll bet Holder’s SHAKING in his jackboots right about now after that letter...

What would you suggest? There are only so many options they have.

39 posted on 07/07/2010 9:07:26 AM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: ScottinVA

“...What would you suggest...”

How about getting on the House floor, publicly, in front of the C_SPAN cameras, and raising holy hell EVERY DAMN DAY , demadning to know WHY the Pres_ent and his democommie henchmen aren’t sealing up the border? And what happened to all the money that was authorized for BORDER FENCE CONSTRUCTION?

How about using whatever bullypulpit they have at their disposal, to the utmost extreme limits of their use, IN DEFENSE of Arizona, every damn day???

How about calling press conferecens at every opportunity and getting in front of every camera available and DEMANDING that the Justice Department begin PROSECUTION of the Black Panthers that were threatening white voters (That’s STILL called “Racial Intimidation” as far as I can tell).

How about using EVERY SINGLE LEGAL PROCEDURE in their well-documented arsenal to block, obscure, oppose, stall, and otherwise hold up EVERY single piece of socialist trash legislation and law that these people try to push through...loudly, publicly, with spotlights shining?

But, I mean, like hey, a letter...wow...THAT’s really something...scared the hell out of me, lemme tell ya!

Sorry, ScottinVA, if I sound bitter, I am. No offense to you, but we’re watching everything being dismantled about us, and we’re placing “hope” (there’s that word again) in folks that show up to a gunfight with feather dusters and ROE that don’t include destroying the enemy so they pose no further threat.

The other side GETS it. They’re playing for keeps. And YOUR ass and mine and all of our families’ collective rear ends will be the ones that get kicked if we lose.

I don’t really know how else to say it.


40 posted on 07/07/2010 9:18:16 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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