Pa. mayor to take immigration law to Supreme Court

AP - Yahoo news ^ | 9-9-2010 | MICHAEL RUBINKAM, Associated Press Writer Michael Rubinkam, Associated Press Writer

[compuguru]

...The 3rd U.S. Circuit Court of Appeals in Philadelphia said that Hazleton's Illegal Immigration Relief Act usurped the federal government's exclusive power to regulate immigration...

[compuguru]

Government stretching the law to make it fit their agenda.

[Steely Tom]

The states created the federal government, didn’t they? Guess they created their own master.

[Cheetahcat]

Good about time.

[sourcery]

The PA law DOES NOT regulate immigration, but relies TOTALLY on the Federal determination of who may legally immigrate to and reside in the US. THAT is the sole domain of Federal authority on the topic.

What the STATE law regulates is renting and hiring, which are matters totally and completely under the authority of any State to regulate, given the Ninth and Tenth Amendments.

[Political Junkie Too]

The PA law DOES NOT regulate immigration, but relies TOTALLY on the Federal determination of who may legally immigrate to and reside in the US. THAT is the sole domain of Federal authority on the topic.

The judge's argument in overturning the Arizona case was that, when the state enforced the federal law it took away the power of the federal government to ignore its own law.

As if ignoring a constitutionally-passed law was even a legitimate power.

Twisted, huh?

-PJ

[Regulator]

Anyone who wants to do a quick internet search on “Judge” Ted McKee will rapidly understand the problem with this decision.

[sourcery]

The judge's argument in overturning the Arizona case was that, when the state enforced the federal law it took away the power of the federal government to ignore its own law.

Even that's a lie and self-contradictory: Arizona's law in no way forces or coerces the Feds. They can ignore or enforce their law however they like, regardless of what Arizona does.

[CPT Clay]

Civil Rights Division of the Justice Department shall be Defunded come January. I am sick of the %$^$^%!!! Enough is enough!!!!

[CPT Clay]

Theodore Alexander McKee is a Federal Appeals Judge with the United States Court of Appeals for the Third Circuit based in Philadelphia. He joined the court in 1994 after being nominated by President Bill Clinton. McKee is the current Chief Judge of the court, succeeding Anthony Scirica in 2010. [1]

[Political Junkie Too]

I know. They were trying to reason that the Supremacy clause included the power to ignore the law.

I thought the Supremacy clause only pertained to powers granted to the federal government. The Constitution grants the power to "establish a uniform rule of naturalization" to Congress, but that enforcement of laws always resided with the states.

So the Supremacy clause would forbid states from deciding who can be a citizen and who cannot, but it doesn't prevent states from enforcing immigration laws.

-PJ

[compuguru]

What the STATE law regulates is renting and hiring...

Exactly, as shown in the excerpt from the article below:

"Hazleton, a northeastern Pennsylvania city of more than 30,000, had sought to fine landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. A companion measure required prospective tenants to register with City Hall and pay for a rental permit."

What the Feds are trying to do is stretch their authority by saying that state/city laws such as these amount to a de facto regulation of immigration. This must be fought and won in the SCOTUS.

[maxwellsmart_agent]

Do not get anxiety. November is coming. The more of this crap the democrats do, the worse the slaughter will be. It is rapidly approaching the time when all they have are the people and their families who are on the government handout list. They will get the non-thinkers who vote based on buzz words and catch phrases that McCain Feingold was meant to protect. But, there are too many people out there like us who work too hard, scrambling trying to maintain our mortgages and clothe our kids to let a bunch of razzle-dazzle phonies like Obama and Biden over-shadow the self-serving junk like the health insurance support bill they crammed through over our objections. This arrogance will take them out. Like the Clintons who claim the voters had a tantrum in 1994, they will be the excuse makers November 3, 2010. Let's see what the clowns come up with then.