Pima County Attorney Barbara LaWall on behalf of herself and several other county attorneys and sheriffs, recently said a Arizona proposed immigration provision is an unconstitutional intrusion by the state into immigration policies, which are solely the purview of the Federal Government.
This struck me kind of odd because in order to come under the purview of the Federal Government the authority must be found delegated or, incidental to a delegated power granted to Congress under the US Constitution. There is a significant reason why Congress has no delegated power leading to jurisdiction under the US Constitution in matters of immigration or Asylum.
Prior to the adoption of the current Constitution, which was intended to correct for deficiencies found in the Confederation (hint: “to form a more perfect union”), States decided for themselves who could reside and later become citizens within their limits. This was simply a function of sovereignty each State enjoyed and had no desire to surrender to national government.
During the Constitutional Convention of June 16, 1788, George Mason asked if the new Constitution would secure and guarantee the rights the States then currently enjoyed. Said Mason:
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Immigration is Federal business, it does not affect any one state it affects the entire nation. I belive that the interstate commerce clause would be applicable to justify the Federal involvement.
ReplyDeleteIf you read CNN, one of Ari. police officers already file a suit agains the Gov. and AG indicating that immigration law enforcement should be reserved for the the Federal government.
While I disagree with the law, I think it's an interesting case that will end up in the Supreme court and set a strong precedent one way or another.
It's interesting that so many people who were screaming that the Constitution doesn't allow the federal government to mandate the purchase of health insurance (and they were right to do so) now have no problem with this unconstitutional Arizona law. Both liberals and conservatives pick and choose their fidelity to the Constitution.
ReplyDeleteDoing something unconstitutional has never stopped the Obama Administration.
ReplyDeleteThe federal government was origionally set up to provide for national security and law and order. Why in the hell are they now doing everything but?
ReplyDelete