
The Law: If there's
any doubt the Supreme Court upheld the most substantial elements of
Arizona's law to enforce U.S. immigration law, take a look at the
scorched-earth response from the Obama administration to punish the
state.
The Supreme Court voted 8-0 Monday to uphold a key provision of
Arizona's S.B. 1070 that requires state troopers to check the
immigration status of people suspected of being in the U.S. illegally
after they've been caught committing other crimes.
That acknowledges the reality that the unlicensed man barreling down a
desert highway with 40 people sweltering in his van might just be doing
more than driving too fast, and that the bearded man caught with
bomb-making tools and al-Qaida literature in his car might have more
than chemistry on his agenda.
Three other provisions of the Arizona law were thrown out by the
court, thereby leaving illegals the "right" to solicit day jobs on
public streets, the "right" to not carry the same identification they
are required to carry in their home countries and the "right" to not be
deported after officers suspect them of crimes here.
But after the Obama administration and its media allies crowed that
the court ruling was a win, their fury over their loss on the one
provision became obvious.
Homeland Security Secretary Janet Napolitano announced that the
administration would cut off ties to Arizona's police and end provisions
of seven 287(g) task force agreements that gave some Arizona police
agencies powers to enforce immigration laws. [By
what authority is one state denied equal protection under the laws of
the United States? This rogue administration is totally out of
control!]
The vindictive, disproportionate response effectively isolates the
state in terms of being far more stringent than anything the
administration has inflicted on Burma, North Korea or Iran.
Federal authorities will no longer take phone calls from Arizona
officers making immigration inquiries about suspected illegals picked up
in the course of committing crimes, perhaps some quite spectacular
ones.
Instead,
the Immigration and Customs Enforcement Service "will tell the local
police to release the person," the Washington Times reports. That's de
facto amnesty to yet another group of criminal illegals, done this time
as a means of punishing Arizona for its insolent desire to enforce
federal law. [I don't care if you
are a Republican, Democrat, conservative, liberal or anything in between
- you should be outraged by this action!]
It goes to show that the court ruling was never a question of federal
law trumping state law, as the administration has spun its argument in
court, but of election-year pandering for the Latino vote.
The whole federal conflict with Arizona has come about not because
Arizona wanted to make its own laws contradicting federal law, but
because it wanted to enforce federal laws itself.
What does it say about the Obama administration's priorities that it
effectively scraps its sworn pledge to uphold the law, usurps the
legislative function by ignoring federal laws, punishes those who comply
and puts its own re-election first?
The liberals are attempting to portray the Roberts court as an "activist" court but even the New York Times knows that's not true. Here is the relevant quote: “The Roberts court is finding laws unconstitutional and reversing precedent — two measures of activism — no more often than earlier courts.” The data accompanying the article shows this is an understatement. Specifically, the data show the following:
- The Warren, Burger and Rehnquist Courts overturned precedents at an average rate of 2.7, 2.8 and 2.4 per term, respectively. The Roberts Court, on the other hand, has only overturned an average of 1.6 precedents per term.
- The Warren, Burger, and Rehnquist Courts struck down an average of 7.9, 12.5, and 8.2 laws per term, whereas the Roberts Court has only invalidated an average of 3 laws per term.
The data is through 2010, ...
The liberals are attempting to portray the Roberts court as an "activist" court but even the New York Times knows that's not true. Here is the relevant quote: “The Roberts court is finding laws unconstitutional and reversing precedent — two measures of activism — no more often than earlier courts.” The data accompanying the article shows this is an understatement. Specifically, the data show the following:
- The Warren, Burger and Rehnquist Courts overturned precedents at an average rate of 2.7, 2.8 and 2.4 per term, respectively. The Roberts Court, on the other hand, has only overturned an average of 1.6 precedents per term.
- The Warren, Burger, and Rehnquist Courts struck down an average of 7.9, 12.5, and 8.2 laws per term, whereas the Roberts Court has only invalidated an average of 3 laws per term.
The data is through 2010, but adding the past two terms would not change much.Here is the direct link to the NYT article. http://www.nytimes.com/2010/0...
If anything, the Roberts court should be invalidating more statutes. Scalia would have upheld all of the Arizona statute - he said if the federal government won't do its job in protecting the states there is no reason they shouldn't be allowed to protect themselves.
How's that hope and change working out for you morons that voted for him?
administration would cut off ties to Arizona's police and end provisions
of seven 287(g) task force agreements that gave some Arizona police
agencies powers to enforce immigration laws."
He is like a childish brat who throws a temper tantrum when he doesn't get
his own way. He also is the most vindictive POTUS since Nixon, in fact he makes
Nixon look like "Mr. Nice Guy"
"I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
5 U.S.C. §3331
http://pjmedia.com/blog/russi...
Here's the latest ...
http://www.sodahead.com/unite...
You are right though, if there is proof in specific cases that it is being applied in a discriminatory manner, they left the door open to further suits. That's a big "if" so long as law enforcement officers follow the letter of the law. What they did find is that as written the law is constitutional, but they will have to wait to see if it is applied in a constitutional manner, - they said nothing about an "obvious" racial impact - it they had found that it would not have been constitutional at all.
I see that you have no problem with the vindictive way in which the entire state of Arizona is being treated, all as a political pander to the Hispanic vote.
And the problem with the racial profiling provision is that there is no definition of what "reasonable suspicion" means. The Constitution requires that a stop and search can only be made if there is probable cause, supported by a warrant. In Arizona, as people like Sheriff Joe prove daily, "reasonable suspicion" means "Hispanic". THAT is the problem. I would not be stopped in Arizona. I'm not hispanic. I don't speak Spanish, and my car is in good shape.
I'm still waiting for your explanation of the seven task force agreements that have been pulled.
Why single out that one state unless it was punitive?