Anonymous
Anonymous asked in Politics & GovernmentPolitics · 10 years ago

Why are conservative Constitutional "scholars" against the Justice Dept suing Az defending the Constitution?

Here is the case law on the Constitutionality of state and local immigration policies:

From Lozano v. Hazleton:

"Under federal law there are two types of immigration enforcement:

border enforcement, which is keeping unauthorized persons from entering

the country; and interior enforcement, which is distinguishing between legal

and undocumented immigrants already in the country and removing the

latter. (N.T. 3/15/07 at 14). In interior enforcement, officials must strike a

balance between finding and removing undocumented immigrants without

accidently removing immigrants and legal citizens, all without imposing too

much of a burden on employers and workers. (Id. at 15). Too stringent of

an enforcement system will result in the wrongful removal of United States

citizens and legal immigrants. (Id.) United States foreign relations is

affected by the manner in which the balance is struck. Excessive

enforcement jeopardizes our alliances and cooperation with regard to

matters such as immigration enforcement, drug interdiction and counter

terrorism investigations. (Id. at 16-17). Accordingly, the United States

political system places the responsibility for striking this balance with the

United States Congress and the executive branch."

States, like Arizona, cannot mirror federal law, cannot have their own laws, cannot do anything with immigration. That's the Constitutional interpretation held by the judge in Lozano v. Hazleton, the 3rd Circuit Court, and the Supreme Court (which declined the chance to overturn the ruling of the lower courts).

Now the Justice Department is trying to do their job in defending the Constitution, or at least its current interpretation (which is what they are supposed to do).

Why don't you Conservative, anti-illegal immigrant Constitutional experts want the Justice Department doing their job?

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    I'll tell you why. It's because they think Obama is an illegal citizen from Kenya that is a Muslim double-agent Communist from the USSR sent to destroy the US because he's the Anti-Christ. That's what happens when you let fear rule your life. You believe anything that is scary just because it's scary. These are the same people who buy into the Alex Jones/David Icke New World Order conspiracy theories.

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  • 10 years ago

    The issue, according to your posting, is whether or not the Arizona Law imposes "...too much of a burden on employers and workers. (Id. at 15). Too stringent of an enforcement system will result in the wrongful removal of United States citizens and legal immigrants. (Id.)".

    I submit that the Arizona Law does not impose any additional burden on employers or workers nor is it too stringent an enforcement system that would result in wrongful removal of US Citizens or Legal Immigrants. In fact, the law is less draconian than the Federal Law and strictly prohibits Law Enforcement from harassing anyone. All it really requires the Arizona Law Enforcement personnel to do is, to verify a person's immigration status if they are involved in the suspected commission of another crime or violation. It is the Federal Law that requires Legal Immigrants to carry ID cards (Green Cards). If they are in compliance with Federal Law, they will never have to worry about being interfered with. If they do not have their card in their possession they are not in compliance of Federal Law and any resulting hassles created by that are their own fault, not the fault of the Police.

    What Conservative, anti-illegal immigrant Constitutional experts want is the Federal Government to enforce the laws they choose to pass. It is a far more serious threat to our Constitution and our entire system of government if certain Federal Officials can behave in a discriminatory manner and selectively enforce any laws. What the Justice Department is doing with this lawsuit has nothing whatsoever to do with the Constitution or the defense of it. It is about defending criminal behavior and discrimination in enforcement of Federal Law. We shall see what the courts say.

    This very lawsuit is politically motivated. The ACLU and various other groups have already filed lawsuits making this same claim. There was no need to the DOJ to do so. That is very telling. I think it is a serious misstep by the Obama Administration to do it now.

    BTW-Isn't it remarkable that there is no assertion that the Arizona law is discriminatory or risks being applied in a discriminatory fashion, as the President and other officials said they feared would be the case. Interestingly, this suit makes no civil rights charges against the Arizona law. Pretty obvious that all those claims made by the Democrats were unfounded.

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  • Anonymous
    10 years ago

    The justice and immigation department has been asleep for years and negleted the laws of the land. A few years ago the government gave amnesty to over 12 million illegal Mexicans, and now there are between 13 and 20 million more in this country.

    It seems the United States is the worlds only country that neglects is citizens and borders, yet spend trillions of tax payer dollars on illegal wars and trying to tell others how to run their nations.

    One of the first obligations of any government is the well being of it's citizens and protection of it's borders, obligations which our country does neither.

    Arizona, as other states have a right to protect it's territory and citizens against illegal invasion, and since the feds wil not do it,then it becomes the right and obligation of the state.

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  • 3 years ago

    And if a destiny President Palin directs her Justice branch to stop protecting Roe v. Wade? Will the mainstream media stay silent as they have accomplished approximately Obama's refusal to shelter DOMA, a regulation Constitutionally estabished by Congress? Obama is a risky individual, a radical, placing precedents which permit the administrative branch to do issues in no way pondered by the Founders.

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  • 10 years ago

    I have no issue with the US suing a state for Constitutional Prerogative. This is part of the Check of Powers between state Governments and the Federal Government. This check goes both ways, and is a fundamental part of the power structure to ensure neither goes outside its power structure.

    Its how the Court interprets these powers I have concern with.

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  • Anonymous
    10 years ago

    Maybe because Arizona is requiring all people to possess a valid ID with a lawful residence imprinted on that ID, like every citizen and lawful resident is require to produce when stopped by the police, as ruled by the Supreme Court. It's called fairness.

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  • 10 years ago

    The key wording is "too stringent". The AZ law is less of an enforcement tool than the US law is. The AZ law will not then be over turned.

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  • Anonymous
    10 years ago

    The whole point of the Arizona immigration law is that the central government is not doing it's job. Obama seems to only cite the Constitution when he believes it supports his agenda.

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  • Anonymous
    10 years ago

    If anyone in the white house was doing their job we wouldnt have this problem.

    [...] and [The United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

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  • 10 years ago

    You never know how some Conservative judge might rule though. Judges can twist a lot of laws at will. It depends on how wiggle-free the law is.

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