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Posted on 06/25/2012 7:26:29 AM PDT by pabianice
SCOTUS strikes-down 3 of 4 S1170 provisions; says immigration is under federal control. One section -- allowing police to check immigration status after legal stopes -- sent back to 9th District Court for review.
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, anything in the Constitution or laws of any State to the contrary notwithstanding.
It’s my understanding that the federal government is expected to assist when a state needs help repelling an invasion.
However, the initial defense lies with the state itself. A state may not “engage in War unless actually invaded” but I think Arizona could make a pretty strong case that some of these fence-jumpers are FAR more dangerous than humble lettuce-pickers in search of employment.
“A well-regulated militia being necessary to the security of a free state” gives us a hint where Arizona could get enough troops to close the border and stop the invasion.
This what the governor put on her FaceBook page:
The heart of SB 1070 was upheld by the U.S. Supreme Court.
Sign petition and Stand with Arizona at www.janpac.com
Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.
While we are grateful for this legal victory, today is an opportunity to reflect on our journey and focus upon the true task ahead: the implementation and enforcement of this law in an even-handed manner that lives up to our highest ideals as American citizens. I know the State of Arizona and its law enforcement officers are up to the task. The case for SB 1070 has always been about our support for the rule of law. That means every law, including those against both illegal immigration and racial profiling. Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual’s civil rights.
The last two years have been spent in preparation for this ruling. Upon signing SB 1070 in 2010, I issued an Executive Order directing the Arizona Peace Officer Standards and Training Board (AZ POST) to develop and provide training to ensure our officers are prepared to enforce this law efficiently, effectively and in a manner consistent with the Constitution. In recent days, in anticipation of this decision, I issued a new Executive Order asking that this training be made available once again to all of Arizona’s law enforcement officers. I am confident our officers are prepared to carry out this law responsibly and lawfully. Nothing less is acceptable.
Of course, today’s ruling does not mark the end of our journey. It can be expected that legal challenges to SB 1070 and the State of Arizona will continue. Our critics are already preparing new litigation tactics in response to their loss at the Supreme Court, and undoubtedly will allege inequities in the implementation of the law. As I said two years ago on the day I signed SB 1070 into law, “We cannot give them that chance. We must use this new tool wisely, and fight for our safety with the honor Arizona deserves.”
Because if the ruling is against state rights, and for federal power, the inclination may be to rule the same way for health care.
Of course, I hope I am wrong.
As I asked earlier, who is going to “ship them out”? All they can do is turn them over to ICE. Then ICE decides whether or not to ship them out. And obama just decreed that they’re not going to deport about a million or so.
So, here’s a scenario. The cops pull over a truck load of illegals for a broken tail light. The driver is asked for his papers and he proves he’s here legally. However, the other 20 or so weren’t driving so they didn’t break the law, thus, their status can’t be checked.
As to the states 'losing' their rights, it is far from that. Illegals can be detained for ICE. It didn't say how long, or where, and AZ has a LOT of desert space. Once handed over to ICE, it's a FED issue.
When the illegals realize there is no time-limit on deportation, they will leave or go someplace 'safer'.
But that’s only where they are contrary. What about where they are complimentary?
This sounds like a lazy state legislature that doesn't much care for the 9th and 10th in this regard.
If their law really did merely rubber-stamp "whatever federal alien-registration laws" might be in effect, then the State would be committing itself to enforce (instead of ICE, DHS) whatever immigration registration Congress hands down.
If that is the intent, then as others have posted, AZ law enforcement could've been directed to do same and then instead sued the feds to pay for it. No state legislation needed to bind their hands.
Because Bush was a moron big government fake conservative?
It is not huge at all. It was sent back for review. ALL SCOTUS said was, in the abstract, sure, if they have “reason to believe” but they held off on ruling what this was.
STOP listening to ppl in “news entertainment”. This is a disastrous ruling. I was a Prosecutor for 25 years and argued before SCOTUS and read this decision. If we keep believing the “spin”, then we’ll just sit around and think everything is fine.
LET ME REPEAT.
UNANIMOUS.
Where did you find this? It's not showing up in the articles I've read.
BTW, Governor Brewer is claiming victory.
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Some of the posters jumped to big time conclusions.
Even the governor is happy with the decision.
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.
I wouldn’t expect Brewer NOT to claim victory.
The States will have to file against the US government, force it to enforce the laws on the book.
I know some of my Conservative brethren are looking for a silver lining here. The “papers please” provision being kinda sorta upheld means nothing. The substantive ruling is that Fed rights trump state’s rights. Not only is this a disaster for immigration, this is a HUGE disaster as it pertains to precedent for future “states right’s rulings”
We got beat and beat bad. And as long as we salve our feelings with those “news entertainment” idiots, we will NEVER know what is really going on.
I think you’re absolutely correct.
People who are fed up with illegal (not legal!) aliens coming into this country and going on the dole will be furious come November (as long as the GOP campaign harps on the Fed (re: Obama) NOT doing their job).
If we lose this election, then we get what we deserve.
BTW, everyone should mention that legal immigrants get screwed by illegals by continuously getting pushed to the back of the bus, and never let the media or dems say you’re anti-immigrant. Get outraged, and tell them you are not anti-immigrant at all, but anti-ILLEGAL-alien!!!!
Bottom line.
Simply enforce federal law, and the problem ceases to exist.
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