Sunday, April 25, 2010

Many law professors call AZ immigration law "dead on arrival"; states cannot take up federal powers

Is the Arizona law, making it a crime against state law to be in the country illegally and that requires immigrants to “carry papers” unconstitutional?

Jeffrey Toobin of CNN hinted that on Friday night. The Wall Street Journal blogs, in an article by Amir Efrati, seem to concur. States cannot have their own foreign policies, and cannot pass their own legislation to implement federal law. The WSJ url is here. Several major law professors said that the law was “doa” and would never go into effect.

Still, states can pass laws to enhance public safety from a more generic viewpoint.

Arizona governor Brewer (R) says that the federal government has “refused to fix” the problem in her speech. But she wears that racial profiling will not occur.

Wikipedia attribution link for picture of University of Phoenix in Pheonix.

Update: April 28

In Texas, state representative Debbie Riddle has introduced a similar bill. The story by Emily Friedman on ABC News is "Texas Rep. Debbie Riddle Introduces Similar Anti-Immigration Bill as Arizona's; Riddle Says Her Proposed Bill Is Not Racially Motivated", link here.

Update: May 26

Check this NBC story by Alex Johnson and Glenn Counts, "Facing deportation for stopping crime: Local police enforce immigration laws, leave many in limbo", link here.  The html title says "he did the right think and faces deportation".  Abel Morino reported an assault to police in Charlotte NC, and now police are required to report him to immigration, where he could get deported back to Mexico.  What happened to "see something, say something"?

1 comment:

Montana said...

Arizona can pass race base laws, pass Birthers laws and the state can continue to boycott Martin Luther King Day, well the rest of the Country can boycott the state of Arizona and spank them where it hurts them the most their pocket book. Their phony patriotism is sickening, they are just racists going by another name. We all know you are just itching to put a sheet on their head? Let’s face it the Republicans had eight years to deal with health care, immigration, climate change and financial oversight and governance and they failed. It appears that the Republican Party is only good at starting wars (two in eight years, with fat War profiteering contracts to friends of Cheney/Bush) but not at winning wars as seen by the continuing line of body bags that keep coming home. The Republicans party will continue turned inward to their old fashion obstructionist party (and their Confederacy appreciation roots) because they continue to allow a small portions (but very loud portion) of their party of “birthers, baggers and blowhards” to rule their party. I will admit that this fringe is very good at playing “Follow the Leader” by listening to their dullard leaders, Beck, Hedgecock, Hannity, O’Reilly, Rush, Savage, Sarah Bailin, Orly Taitz, Victoria Jackson, Michele Bachmann and the rest of the Blowhards and acting as ill programmed robots (they have already acted against doctors that perform abortions). The Birthers and the Tea party crowd think they can scare, intimidate and force others to go along with them by comments like “This time we came unarmed”, let me tell you something not all ex-military join the fringe militia crazies who don’t pay taxes and run around with face paint in the parks playing commando, the majority are mature and understand that the world is more complicated and grey than the black and white that these simpleton make it out to be and that my friend is the point. The world is complicated and people like Hamilton, Lincoln, and Roosevelt believed that we should use government a little to increase social mobility, now it’s about dancing around the claim of government is the problem. The sainted Reagan passed the biggest tax increase in American history and as a result federal employment increased, but facts are lost when mired in mysticism and superstition. For a party that gave us Abraham Lincoln, it is tragic that the ranks are filled with too many empty suits and the crazy Birthers who have not learned that the way our courts work is that you get a competent lawyer, verifiable facts and present them to a judge, if the facts are real and not half baked internet lies, then, and only then, do you proceed to trial. The Birthers seem to be having a problem with their so called “facts”. Let’s face it no one will take the Birthers seriously until they win a case, but until then, you will continue to appear dumb, crazy or racist, or maybe all three. I heard that Orly Taitz now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC), she wants to re-establish a family values party, that’s like saying that the Catholic Church cares about the welling being of children in their care, too late for that.