This is baloney. The 10th amendment will continued to be shredded by the Feds and SCOTUS until states get the will to simply defy the FEDs and do it.
Short of sending in troops, the Feds can’t do a heck of lot. It is way past time for the Imperial Federal Government to be seriously challenged. And not in court, but on the playing field.
We (the states) will *never* win back our rights via the Federal courts. They must be seized by willful action. Do it and defy DC to stop them.
Where are the dynamic men of our history, willing to act on principle? The states protest, go to court, get rebuffed and then crawl back with tail between legs. Pathetic.
Short of a war against a corrupt Federal government the only option is to stop funding a corrupt Federal government. Period.
It works, because it is non-violent, and the Feds would have to make the first move.
Arresting otherwise law abbiding tax paying citizens enmasse
Also, the system would overwhelm itself, not to mention unable to fund itself, and I believe they would have to back down.
Imagine if the Feds got violent against its own, otherwise law abiding, citizens.
Which would quite probably provoke a war the corrupt Feds do not want.
Just a thought.
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The Supreme Court on Monday rejected a constitutional challenge to a central provision of Arizona’s anti-illegal immigration law, clearing the way for similar legislation to take effect in other states and advancing a political narrative that could give President Barack Obama an added boost from Latino voters in November.
That provision, requiring police to conduct immigration checks on individuals they arrest or merely stop for questioning whom they suspect are in the U.S. illegally, does not appear to violate the Constitution by intruding on the federal government’s powers to control immigration, the court said.
All eight justices who ruled on the case voted to allow the mandatory immigration-check requirement to go into effect.
Read more: http://www.politico.com/news/stories/0612/77789.html#ixzz1yoyU2xlN
The central premise of the law remains in effect and that is to round up and (legally) dispose of illegal aliens
The States have the right to deport illegals.
Arizona,Texas etc. should secede.
WAKE UP PEOPLE THE MAIN STREAM MEDIA TWISTS THE TRUTH.
Vote is public.
KENNEDY, J., delivered the opinion of the Court, in which ROBERTS,C. J., and GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. SCALIA, J., THOMAS, J., and ALITO, J., filed opinions concurring in part and dissenting in part. KAGAN, J., took no part in the consideration or decision of the case.
Jay Sekulow said this was a big loss for Obama. (My synopsis of 3 parts ruled against: The parts struck down are already covered by federal law, so the spin on this will be wrong.)
http://twitter.com/#!/JaySekulow
Um, having skimmed the thread, I did not see anyone draw this conclusion.
The USSC sent back the one provision of the law that has not been put into force yet. It is not a victory or defeat for either side. The court told them that IF they wanted to enforce the law, that if they did it in a certain way, that it MAY be constitutional.
But, by the time it gets back to the USSC, the court make-up may be different.
IF the court is going to be consistent, that may signal a position on the Affordable Care Act ruling. Since the provisions have not gone into effect, and no one can show that they were penalized for not buying coverage, it gives the court an out before the election...
I suspect there may be much more going on in this case than meets the eye. The conservative justices are very smart guys, all five of them. I think they were wise enough to look ahead at the damage this AZ law could do to the GOP & conservatism because of the liberal media coverage of the enforcement of these state immigration laws. The liberal media coverage of enforcement would have been a public relations disaster for the GOP and conservatives. We would have seen endless news reports about situations when “poor Jose and Christina and their two children traveled to AZ from Mexico and were just trying to do honest work to feed themselves when they were arrested, prosecuted, convicted, and sentenced to six months in jail merely for seeking work. Their children ended up in state custody...their family was torn apart...all because of those Wascally Wepublicans who passed this horrible law in Arizona.” Those reports would have been quite damaging to the GOP.
Then there would be the poor Mexicans who are pulled over for minor traffic violations, don’t have a driver’s license, and are arrested on immigration charges and held for two weeks until trial in some overheated jail in Arizona or Alabama. The potential for politically damaging news coverage was massive before this ruling. I think Roberts and the other four conservatives saw this potential damage and decided to stop this political disaster before it started. That’s a big reason why they struck down the AZ law that allowed local police to arrest people for minor immigration violations. You’ll never hear them say that publicly but I suspect that was a big part of their thinking on this case.
And lawful American citizens don’t want to be harassed by “immigration traps” in small towns where they get pulled over for going 2 MPH over the speed limit and have to sit on the side of the road for 20 minutes while local cops check their background at a glacial speed and then wander slowly back to your car. I’ve been in that situation a few times and it ain’t no fun. Although a driver’s license is sufficient in AZ to prove citizenship, do you really want local police pulling over everyone for very minor traffic offenses while they look for illegal immigrants?
The right way to defend the border is to defend it AT the border and not by harassing people hundreds of miles inside the border. We know how to seal the border. For various reasons, our federal government just hasn’t made the decision to close off the Mexican border. The way to proceed here is to elect Romney and then put pressure on him to finally close the Mexican border. Use those drones that the Obamites want to send after farmers to patrol the border, end illegal immigration, and to rescue immigrants who are running out of water in the summer or freezing in the winter (because their “coyotes” didn’t prepare them for the harsh conditions along our border). That’s the right way to solve the illegal immigration problem. I support the Conservatives on the SCOTUS on this decision. Gov. Brewer and the democrats can now both declare victory while leaving immigration enforcement largely to the federal government.
Arizona?
Not much different than CA prop 187!
The U.S. Government oligarchy will not allow the borders to be secured.
We’ve known this for many years.
No, the government just told AZ to f off.
Just like CA prop 187.
Can 1324(a)(1)(A)(ii) "Any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law" be applied to a local police officer who conducts a traffic stop and finds a driver of a car (who may be an illegal) who has other people in the car as passengers (who are illegal) under the "transports" clause?(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
In other words, could Arizona police officers (under the definition of "any person who" be held in violation of this law by not detaining someone they suspect to be in violation of the above clause?
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
Does "all other officers whose duty it is to enforce criminal laws" refer to state and local police officers?
(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.
The governor has the power to request the federal government to assist in the determination of immigration status of detained suspects.
So, Federal law allows for Arizona police to detain suspected illegal aliens pending ICE review.
The Governor can request federal support in determining the status of detainees.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1226 (Apprehension and detention of aliens) says:
(d) Identification of criminal aliens(1) The Attorney General shall devise and implement a system—(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;
The federal code requires that the Attorney General create a database of legal immigrants that local law enforcement can call upon for verification of suspected illegal immigrants. The local law enforcement would not access this database directly, but would go through a liaison within the Justice Department. The federal code says that the Justice Department is to make this system available on a 24-hour basis.
More...
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 1252c§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens
(a) In generalNotwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.(b) CooperationThe Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.
1252c specifically authorizes states to arrest and detain certain illegal aliens.
-PJ
Oh, good God. Hannity is spinning todays decision as a HUGE victory. Time to turn the channel. He’s completely lost it.
Great to learn that we, the founders of the VRWC, have scared these leftists silly!
What are they going to do on Thursday and in November, (the Good Lord willing)?