I fully expected and was glad to see that the Supreme Court today upheld that the AZ definition of reasonable suspicion is perfectly constitutional, and that any challenges to it being applied improperly would need to be as-applied challenges (how the law is applied), not facial challenges (what the law says).
I agree in principle with the rest of the decision: that the states cannot interfere with government enforcement of immigration law. My question has always been whether or not the AZ law actually does so.
So there are three remaining sections. As per the Syllabus: "Section 3 makes failure to comply with federal alien-registration requirements a state misdemeanor; §5(C) makes it a misdemeanor for an unauthorized alien to seek or engage in work in the State; §6 authorizes state and local officers to arrest without a warrant a person 'the officer has probable cause to believe ... has committed any public offense that makes the person removable from the United States.'"
After reading the three separate dissents a bit, I am in full agreement with the dissenters that §5(C) is perfectly lawful. I can find no justification for saying it conflicts with any federal law or exercise thereof. It certainly doesn't follow federal "priorities" or "goals," but I find no power granted to the federal government to prohibit such actions by the state.
Scalia and Thomas dissented on §3, but Alito agreed with the majority. I tend to agree with Alito here, largely the previous Court decision "seems to require" pre-emption in this case as well. Scalia's argument is that §3 does not add to the existing federal requirements, but wholly rests on them. My question here lies with whether the prohibition in the previous decision, disallowing the state the ability to "complement" that system, or "enforce additional or auxiliary regulations," means they cannot add additional penalties for an existing federal system. I remain unconvinced either way.
With §6, the three dissenters make a strong case that there is no conflict in the plain meaning of the Arizona law with the federal law. But this is where the law and practice of it come into significance: federal law limits federal law enforcement from making certain arrests of removable aliens, but, the dissenters say, this does not prevent states from doing so, and then federal law enforcement from prosecuting based upon that state detention. While I might be willing to say that this Arizona law is not unconstitutional, it sure seems kinda silly. Further, §6 is more inclusive of who may be arrested, beyond just these particular people here illegally, and thus the entire law should not be stricken down, but merely (if anything) interpreted to not apply to a certain class of offenders.
So I'd probably be closest to Alito on this case overall.
Cross-posted on <pudge/*>.
Posted by pudge at June 25, 2012 06:16 PM | Email ThisIf it were I making that law, I'd make it unlawful for an illegal immigrant to not be a productive member of society...get a job or get lost.
Posted by: doug on June 25, 2012 10:07 PMIt would be more productive to this country if we were more like Canada and Australia and gave preference to immigrants who brought something of worth to the table. If there is an effort to do that, I have missed it. It seems more like lobbyists have their fingerprints all over the immigration process, which explains why it is so mucked up. It also appears that neither political party wants to resolve it otherwise it would stop being a political issue to hold over the other party's head.
With that said, looking ahead to Thursday, Obamacare may realistically be partly dismantled, but don't see the whole thing being thrown out even if there is no severability clause, that was mysteriously left out.
Posted by: KDS on June 25, 2012 10:32 PMFortunately, I also think SCOTUS throws out all of Obamacare. The old media was busy readying everyone for this today, saying how that "might help Obama's reelection" so he can run against a partisan Supreme Court. Whatever.
Posted by: Palouse on June 26, 2012 09:06 AMSorry, whose fault was this, again?
Clearly this pandering is meant to drag AZ back to court, to needlessly cost the American taxpayers more money and to penalize AZ with the costs of litigation.
These folks have absolutely no shame and no respect for the Court or the law. The fact that President Downgrade boasted about being a 'Constitutional expert" drags this down to farce. We can't be rid of these law breakers fast enough.
I am enjoying his implosions on all fronts.
Posted by: RagnarDanneskold on June 26, 2012 01:53 PMWASHINGTON -- The Supreme Court released their opinion Yesterday that the federal government has the sole power to enforce the laws against illegal immigration, striking down three key provisions of Arizona's first-in-the nation crackdown on illegal aliens squatting there and stealing our children's education, American family health care and a cornucopia of welfare payments and programs. ONLY THE TEA PARTY CAN SAVE US NOW. THE TEA PARTY IS EVERY WALK OF LIFE, EVERY RACE, & EVERY RELIGION THAT HAVE HAD IT WITH THE TWO POLITICAL PARTIES. ID YOU DON'T WANT A SOCIALIST FUTURE, EVERY AMERICAN WHO HAS NEVER VOTED--SHOULD VOTE. NON-CITIZENS WILL VOTE TO SAVE OBAMA.
Frustrated, angry with the Republicans and Democrats, then join the TEA PARTY organization. The growing numbers of millions of Americans are joining this party, spreading its wings away from the Republican enclave. Both political parties are corrupt and all incumbents need to be replaced, which is happening now. We can no longer afford to support the rest of the world, or the 20 million plus illegal aliens living in the United States that has brought their poverty with them. HUNDREDS OF BILLIONS OF DOLLARS ARE BEING SIPHONED FROM STATES AND THE TAXPAYERS POCKETS.
We must back the Mitt Romney, even though he has his issues but prolong the replacement of every single Democrat, Liberal or Republican that is tearing America apart. IT is the Time of the PEOPLE'S PARTY. It is the time for the TEA PARTY, which is complimented by man/women; African, White, Hispanic, Asian and other racial Americans. The TEA PARTY is a wealth of different religions, faiths, gay and every other walk of life. Remember a large Majority who votes for President Obama for a second term, non citizens or American citizens are the ones who spend their day watching TV, selling drugs, living off the rest of us like parasites.
The exception is the sick and true non-functioning human beings, so spend a minute and understand the growing divide in America. If you are frustrated with feeding the rest of the world, unable to get a decent job, the controversial immigration debate that is a theft of your taxes, the rules and regulations forced on Americans that halt large energy companies from extracting oil, natural gas and coal; that we could not only lower the costs of our transport, but sell residual amounts to friendly foreign countries.
By replacing President Obama administration, plus replacing the Republicans and Democrats in the Senate and the Ho House of Representative and seating in 'THE PEOPLE'S Constitutional TEA PARTY, we can win America back Millions more will be encouraged to come here, bringing their poverty, criminals and children stealing their futures. WE ARE LOSING OUR COUNTRY, OUR LIBERTIES AND OUR U.S. CONSTITUTIONAL RIGHTS.
In Arizona that was the epicenter of the Illegal Immigration invaders, where the courts have declared that every taxpayer through unfunded mandates must pay for public services for every illegal alien who slips by the border guards. If you are a taxpayer then you should investigate the websites of NumbersUSA, Judicial Watch, Federation of Immigration Reform (FAIR) Center for Immigration studies (CIS), THE DARK SIDE OF ILLEGAL IMMIGRATION (Crimes committed by illegal aliens.
DON'T STICK YOUR HEAD IN THE SAND. JOIN YOUR LOCAL TEA PARTY. FOR AS WE SEE ARIZONA, ALABAMA, GEORGIA, SOUTH CAROLINA OR ANY OTHER STATE BEING HUNTED DOWN, THREATENED AND INTIMIDATED BY A JUSTICE DEPARTMENT AND MARXISTS, SOCIALISTS IN THE OBAMA ADMINISTRATION.
Don't forget that illegal aliens and their legal families want to keep Obama in power, so they can keep collecting taxpayer dollars, the $4.2 billion annually that goes to the children of illegal aliens, not even living in the United States. The $2 Billion dollars a month sucked dry in the Sanctuary city of Los Angeles, going to illegal nationals.
IF YOU HAVE NEVER VOTED BEFORE, REGISTER AND BE READY. REMEMBER, IF YOU THINK ILLEGAL ALIENS OR OTHER NON CITIZENS DO NOT VOTE. THEN THE LAUGH WILL BE ON US ALL, IN NOVEMBER. THE LIBERALS ARE SAYING THE REPUBLICANS ARE TRYING TO 'SUPPRESS MINORITY VOTING' BUT THEY ARE NOT SAYING IS THAT ILLEGAL ALIENS ARE VOTING IN EVERY ELECTION, WITH NO TRUE OFFICIAL RESTRICTIONS.
We need Sheriff Joe Arpio, for a TEA PARTY leader candidate as a Senator or House Representative. We need strong, aggressive people in Congress, especially following Constitutional law.
CNN Television and the rest of the Liberal channels always show the huge reinforced fences that run along the most populated areas of the Southern border. In truth the rest of hundreds of miles of the border region is nothing but a few strands of rusty barbed wire, which an elephant could slide through. THE LIBERAL PRESS ARE MISLEADING THE PUBLIC ON THE REAL FENCE ON HOW MANY MILES ARE COVERED.
OUR COUNTRY IS BEING OVERPOPULATED IN THE NAME OF VOTES AND GREED. WE SHOULDN'T FORGET THAT OBAMA'S GOONS OUTSOURCED WEAPONS TO NARCOTERRORISTS TO MEXICO KILLING U.S BORDER AGENT & MEXICAN CITIZENS.
It is of the paramount importance that we must be imposed at once, so no more foreign invaders are encouraged to break the immigration 'Rule of Law'. 'THE LEGAL WORKFORCE ACT' (E-VERIFY) must be passed and advanced, so illegal aliens can no longer steal jobs from the millions of Americans unemployed. The 'BIRTHRIGHT CITIZENSHIP ACT (H.R.140) must be compulsory so babies smuggled into America, so that parents cannot take benefit from welfare, once the child become an immediate citizen. Half a million pregnant women enter the United States looking for handouts annually, for their children.
Let your Senator or Congressman/Women know how you will vote, by giving your name to the politician's aides and that you want them to sponsor E-Verify and the Birthright Citizenship bills. Citizen voters should phone Congress at the central Switchboard at 202-224-3121. FORCE YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the oath of office and stop pandering to the businesses that use cheap labor. Use the power of your VOTE to demand they sponsor these to policies or we are destined to become like Europe, overwhelmed by the poverty of other countries.
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