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Arizona v. United States--- Scalia's Dissenting Bench Statement
Justice Antonin Scalia ^ | June 25, 2012 | Justice Antonin Scalia

Posted on 06/25/2012 11:01:20 AM PDT by thouworm

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To: RJL
John Robert’s votes with the liberals on Arizona’s SB1040? I guess we have to expect Bush league opinions from Bush judicial nominees.

As far as I'm concerned, this is on Kennedy, not Roberts. I might be wrong but I think the libs had Roberts over a barrel. If he doesn't side with them it is a 4-4 tie and the entire law gets scrapped so he has to look like a bad guy to get the one portion upheld.

I'll keep reading threads to see what others have to say on the ruling.

-houeto.

51 posted on 06/25/2012 1:04:56 PM PDT by houeto (https://secure.freerepublic.com/donate/)
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To: fwdude

Serious question, how do you reconcile state sovereignty with the Supremacy Clause of the Constitution? Seems to me that these two issue are fundamentally at odds in this case.


52 posted on 06/25/2012 1:05:40 PM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: netmilsmom; JCBreckenridge

Always room in Texas for Conservatives.

Especially Conservatives with cookies!


53 posted on 06/25/2012 1:12:03 PM PDT by Eaker (When somebody hands you your arse, don't give it back saying "This needs a little more tenderizing.")
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To: thouworm

This ruling ranks right up there with the one granting the EPA to treat CO2 as a pollutant.


54 posted on 06/25/2012 1:12:22 PM PDT by headstamp 2 (Liberalism: Carrying adolescent values and behavior into adult life.)
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To: netmilsmom

Ma’am it would be impolite to refuse. :)

Psst how old are your girls? ;)


55 posted on 06/25/2012 1:16:00 PM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: headstamp 2; MestaMachine
headstamp 2: This ruling ranks right up there with the one granting the EPA to treat CO2 as a pollutant.

Good reminder!!!....At the very least, in its effects.

MM: And the answer has become all too obvious. Time for choosing comes quickly, does it not?

To repeat Justice Scalia:

Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are simply unwilling to do so.

Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State. For these reasons, I dissent.

56 posted on 06/25/2012 1:59:11 PM PDT by thouworm (.)
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To: thouworm

This lawless regime has already gone beyond sovereign states and into our homes, our bank accounts, our medical records, even to the outright theft of our children’s thoughts. Nothing is sacred anymore.


57 posted on 06/25/2012 2:06:44 PM PDT by MestaMachine (obama kills)
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To: thouworm

BRAVO!, Justice Scalia


58 posted on 06/25/2012 2:49:26 PM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: zeestephen

Roberts is and has been a tool for Obama and his enablers’ Something with this guy Roberts smells to the high heavens. Perhaps it something to do with investments. Whatever the reason/cause for his actions he will go down in history as the wrong man at the right time. Of course this should have been expected recognizing that Roberts chose to have an inauguration blooper (I believe it was deliberately planned) corrected in private chambers apart from customary procedure when the citizens of the USA had a right to have a public correction. I will trust that Roberts will have to answer to the highest court of judgement for his efforts to change the USA.


59 posted on 06/25/2012 4:18:29 PM PDT by noinfringers2
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To: thouworm; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; GregH; ..

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

60 posted on 06/25/2012 5:13:27 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Jedidah; thouworm

Lots of handwringing, folks seeing the decision as an Obama victory. Not so.

61 posted on 06/25/2012 5:25:39 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Perdogg
there are some Naybobs of negativity

Don't forget the nattering aspect of this thing, as in nattering nabobs of negativity.

62 posted on 06/25/2012 5:38:13 PM PDT by PapaNew
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To: OneWingedShark

No need for violence. Just begin the lengthy process of State Constitutional Conventions.

Then split the former USA into multi-State Regions, such as all the States that the XL Pipeline will run through would be the Texas Region. The Mississippi Region would be all the States that the Mississippi River runs through, etc.

America failed over an 80 year period due to Keynesian Economics Theory, which NEVER worked.

But life goes on. Let the people vote with their feet to the Region that gives them the level of Liberty that they desire.


63 posted on 06/25/2012 10:15:48 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Graewoulf
No need for violence. Just begin the lengthy process of State Constitutional Conventions.

In theory, yes; in reality, no. This is because you are forgetting the fe[d]eral government, which has a 'precedent' of the civil war as a "why yes, we can force you to stay in the Union."
Just because "we didn't throw the first punch" doesn't mean that the first punch wasn't thrown, see?

And, honestly, why would the federal government allow a state to leave like that? They wouldn't, because if any "normal" state could, well then the rest might leave! (I say "normal" because there's a few which are members of the Union by treaty, Texas, and retained the right to leave the union.)

Then split the former USA into multi-State Regions, such as all the States that the XL Pipeline will run through would be the Texas Region. The Mississippi Region would be all the States that the Mississippi River runs through, etc.

It ain't going to happen. Even if it would be a relatively bloodless way to do it.

America failed over an 80 year period due to Keynesian Economics Theory, which NEVER worked.

Very much agreed.

Let the people vote with their feet to the Region that gives them the level of Liberty that they desire.

Funny, that's exactly how the States are supposed to work...

64 posted on 06/25/2012 11:12:09 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark; All

Thanks for your reply.

You are assuming that the US Federal Government will not suffer the same fate as the present Greek Government.

I am assuming that we have less than 10 years before China stops buying our US Bonds, which are currently used to pay for our Keynesian Welfare system.

As the US Federal Government continues to Nationalize Private Businesses, the Keynesian Fecal Federal Finger of Debt will rapidly increase the politicians desire to cover their financial debts by increasing the Nationalization of Private Businesses.

During this time US Corporate flight to Business-friendly Nations will be swift.

Hence, the expense of a standing Army with very expensive Drones to control the unemployed population, will diminish the ability of these “Public Servant” Federal Politicians to interfere with our State Constitutional Conventions.

Like it or not, the US Federal Government Debt Bubble will burst within the next 10 years as quickly as the Federal Housing Debt Bubble burst in September, 2008.

In 2008 and 2009, only 30 % of the wealth in the World was destroyed.

“WHEN YOUR OUTGO EXCEEDS YOUR INCOME, YOUR UPKEEP WILL BE YOUR DOWNFALL.” (PAUL HARVEY)


65 posted on 06/26/2012 4:29:13 AM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Graewoulf

You are most likely right; there is no way this level of spending can be kept up. (I knew this back in the 90s, and it was perhaps my first conscious realization regarding government/politics.)


66 posted on 06/26/2012 7:23:10 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Your realization puts you ahead of the GOP Elite, RINOs, all Democrats, the Liberal Agenda Media, and virtually all of the World’s most popular Economists.

The end of Keynesian Economic practice will end badly, World-wide, and especailly badly here in the USA.

Thus, it is important to look ahead to what errors were made in the past, plan a better way for the future, and prepare to survive longer than the supporters of Keyensianism.

As I mentioned, I favor a non-violent approach using tedious State Constitutional Conventions that join many States into workable economic regions, and a commonly shared level of personal Liberty.

It will be survival of the fittest, not the safety net crap of the European Feudal System.

Think on these matters, and let us plan with other FReepers for the survival of the best of our once Free Republic.


67 posted on 06/26/2012 7:51:59 AM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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