U.S. v. Arizona
- Locked due to inactivity on Aug 4, '16 4:13pm
Thread Topic: U.S. v. Arizona
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Just heard recently that the Federal Government is going to sue Arizona over their immigration bill. Their reason for this is because this bill impedes on the Supremecy Clause which states
"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."
In other words, the U.S. Constitution is the supreme law of the land and cannot be disobyed.
Conservatives are saying that the Arizona bill is perfectly constitutional and liberals are saying it is not.
My opinion happens to be that it is because after reading the Supremacy Clause I decided to look at the rights of the Federal Government on immigration policy. Sense I didn't have my U.S. History book to look it up I had to look to the internet. The only right of Congress relating to immigration are laws associated with "naturalization". The definition of Naturalization being "the process of assuming or being granted citizenship of a country, usually a country other than that of the person’s origin." I haven't read anything about in this bill about the process of becoming a citizen. Only about enforcing the exact same immigration laws the Federal Government is supposed to be doing themselves and what gives a cop reasonable suspicion.
So what's everyone else's take on this? -
......could it be that we have to much freedom?? what is the country coming to when the federal government has to SUE a state to keep it in line.....
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tongue NewbieYou know my take on this. Arizona's law is unconstitutional(violates Fourth Amendment, protection from illegal search and seizure), but beyond that it's unethical. SB 1070 will lead to profiling and it sends the message to the American-born people of Mexican heritage that they are second-class citizens and suspects in their own country. This law is legalized, institutionalized racism.
The Constitutionality of it all is a little shaky, but I gaurantee you that if US v. Arizona goes before the Supreme Court, none of the Justices are going to vote based simply on the Constitution- they never do. It's going to come down to conscience. The Justice to watch once this case does make it to the Supreme Court is Clarence Thomas. Obviously he's a conservative and in the past has helped to roll back the racial progress made by his fellow African Americans. But Thomas himself is someone who could be profiled, though obviously not under AZ law. So Thomas could end up being the surprise swing vote that gets the AZ law repealed.
I've been saying that there are better ways of tracking down illegals. With that in mind, Obama needs to try and pass an immigration bill. He can't let Congress write it either- he needs to write it with his own advisers. When to try and get it done is tricky though- the GOP is going to block pretty much any legislation until the midterms, but if you put it off until after the midterms you have to be pretty confident that the GOP is gonna be left high and dry in November. I say no time like now- this is going to be legislation where compromise can work. Security is key- Dems and the GOP can agree to that. A path to citizenship and a guest-work program would be nice, but they will probably have to be compromised in order to pass immigration reform.
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