Skip to comments.The imperial presidency revisited
Posted on 07/05/2012 7:34:00 PM PDT by neverdem
Though overshadowed by the shocking Supreme Court decision on health care, the courts Arizona immigration decision, issued three days earlier, remains far more significant than appreciated. It was generally viewed as mixed or ambiguous because the Justice Department succeeded in striking down three of the laws provisions. However, regarding the laws central and most controversial element requiring officers to inquire into the immigration status of anyone picked up for some other violation the ruling was definitive, indeed unanimous.
No liberal-conservative divide here. Not a single justice found merit in the administrations claim that this show me your papers provision constituted an impermissible pre-emption of federal authority.
On what grounds unconstitutional? Presumably because state officials would be asking about the immigration status of all, rather than adhering to the federal enforcement priorities regarding which illegal aliens would not be subject to deportation.
For example, under the Obama administrations newly promulgated regulations, therell be no more deportation of young people brought here illegally as children (and meeting certain chronological criteria). Presumably, therefore, the Arizona law is invalid because an officer might be looking into the status of a young person the feds now classify as here legally.
Beyond being logically ridiculous if a state law is unconstitutional because its out of sync with the federal governments current priorities, does it become constitutional again when federal policy changes? this argument is an astounding assertion of federal executive power, wrote Justice Samuel Alito in a concurrence. The Obama Justice Department is suggesting that a state law may be pre-empted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agencys current enforcement priorities. Those priorities, however, are not law. They are nothing more than agency policy.
And theres the rub: the Obama...
(Excerpt) Read more at humanevents.com ...
Come to think of it, obama does have a third world despot quality about him.
He's missing just one thing.
Now, that's tagline material if I've ever seen it. lol
The left and the right have joined. Their only squabble is how to divide the spoils.
Agreed. In fact, I made this flow-chart to illustrate this election.
Obama Romney | | | | | | | | Marxist Fabian Socialist Socialist \ / \ / \ / \ / \ / \ / IMPLEMENTS SOCIALISM
Someone else provided this picture, which also sums up the situation: