The Feds Vs States Vs People

[Doble Troble]

The Feds are suing Arizona for protecting her borders. Their argument is that State involvment makes consistent application of Federal Immigration policy impossible. The problem with this argument is that no application of policy isn't a policy. I hope the Judicary gets this one right.

 

The Fed's argument is based on the theoretical "supremacy clause" of the Constitution (Article VI, Clause 2). This has been twisted by liberal lawyers to ignore the parts about "This Constitution" and the "Pursuance thereof" and to focus on the "Laws of the United States" as if they're not related. Only the "Laws of the United States" that are in "Pursuance" of enforcing the Constitution take precidence over State law.

 

"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."

 

What about Federal laws that aren't in 'Pursuance' of powers granted by the Constitution?

 

The Bill of Rights covers this in the Tenth Amendment: "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."

 

So who should enforce immigration laws? Who decides whether-or-not they'll pay for healthcare? And haven't we had enough of frickin' lawyers trying to promote one part of the Constitution at the expense of others?

[AzRednek]

Doble, Az's authors of the legislation claim it is written in such a way to beat any legitimate constitutional challenges. The big but, but can it withstand an activist judge? And how many years can it be tied up going through the court system. The jerk city of Phx Police chief is opposing the law so how well it will be enforced in the city that contains nearly 50% of Az's population is unknown.