Tuesday, July 6, 2010

Thoughts on U.S. v. State of Arizona & Brewer

Well, surprise surprise. The Obama Administration is suing Arizona and Governor Brewer over SB 1070.

As with SB 1070, I have printed out and read the complaint put forward by the federal government.

I am underwhelmed.

The feds argue that Arizona's immigration law violates the Supremacy Clause of the U.S. Constitution. The complaint reads, "In our constitutional system, the federal government has preeminent authority to regulate immigration matters."

Well, the key word here is "preeminent." There's a world difference in stating the federal government has preminent authority than stating the federal government has "sole" or "exclusive" authority. So methinks the Supremacy Clause isn't germane to this argument. It certainly isn't germane to the argument made in the complaint. To wit:

If allowed to go into effect S.B. 1070's mandatory enforcement scheme will conflict with and undermine the federal government's careful balance of immigration enforcement priorities and objectives. For example, it will impose significant and counterproductive burdens on the federal agencies charged with enforcing the national immigration scheme, diverting resources and attention from the dangerous aliens who the federal government targets as its top enforcement priority.

That, folks, is a political argument. It is also an administrative and logistical argument. But it is not a constitutional argument. Arizona's policies aren't unconstitutional just because the Obama Administration disagrees with them. Nor are they unconstitutional due to potential inconveniences that may arise for the federal government:

Section 3 - the enforcement of which S.B. 1070 effectively mandates through operation of Section 2's alien inspection and verification regime - demands the arrest and prosecution of all aliens who do not have certain enumerated registration documents. But several classes of aliens who are eligible for humanitarian relief are simply not provided with registration documents while their status is being adjudicated by the federal government notwithstanding the federal government's knowledge that these aliens are present in the country.

So is it Arizona's fault the federal government doesn't provide registration documents to certain classes of aliens? If anything it demonstrates the lack of due diligence on the part of the federal government. Once more the Obama Adminitration presents us with an administrative argument, not a constitutional one.

Now it is not inconceivable to me that an activist judge on a lower court might reverse the law. But I can't see the Supreme Court upholding such a decision. In which case, the Supremes can expect another tongue lashing by President Obama at next year's State of the Union.

1 comment:

Benito said...

“All Men are created equal”! The founders had it right, when attempting to form a perfect union and they also knew that they were not there yet but knew we one day would get there. Lincoln moved us forward as did JFK and LBJ. This Nation was founded by men of many nations and backgrounds. It was founded on the principle that all men are created equal, and that the rights of every man are diminished when the rights of one man are threatened.

It is my contention that this AZ law is not constitutional and will fail when challenged (unless, of course, they keep adding more amendments), pretty funny for this so called perfect law, that many internet bloggers claim it was copied “Word for Word” from the Federal law, which I frankly do not believe, if it was then no amendments would have been made, right?, of course, keep those lies coming.

As for the undocumented workers, as was attributed to Ronald Reagan “It’s the Economy, Stupid”. When the economy is good you say let’s all celebrate “Cinco de Mayo, my brothers” but when the economy is down “it’s all your fault, you damn immigrant”. This too will pass, the real problem is the narcos, arms and people smugglers and that’s what the focus should be on.

Don’t you find it funny that no one ever voted for Brewer for Governor, she is trying to get elected on the back of undocumented workers, it’s all about politics, do not be fooled. In the last few months Busy Brewer has passed S.B. 1070, no permit conceal weapons law, the famous Birthers law, banning Ethnic studies law, (could she be behind the Mural in Prescott, Arizona) and if history is a lesson and if she can read, she should look up Arizona’s House Bill 2779 from two years ago (which failed when legally challenged) and the craziest one the boycott of Martin Luther King Day, not wanting another holiday, how crazy is that. I believe there is an undercurrent to their enactment of new laws, they real love following a distinct pattern. Poor Brewer, in an attempt to gain sympathy, in an interview she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) and we find out her father was never in Germany and died in California in 1955 (watch her play the victim card, again) and then she went to Washington and came back empty as always, poor dear.