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The imperial presidency revisited
Human Events ^ | 7/5/2012 | Charles Krauthammer

Posted on 07/05/2012 7:34:00 PM PDT by neverdem

Though overshadowed by the shocking Supreme Court decision on health care, the court’s 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 law’s provisions. However, regarding the law’s 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 administration’s 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 administration’s newly promulgated regulations, there’ll 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 it’s out of sync with the federal government’s 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 agency’s current enforcement priorities. Those priorities, however, are not law. They are nothing more than agency policy.”

And there’s the rub: the Obama...

(Excerpt) Read more at humanevents.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: krauthammer; lawlessobama; obama; onetermobama

1 posted on 07/05/2012 7:34:04 PM PDT by neverdem
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To: neverdem

Come to think of it, obama does have a third world despot quality about him.


2 posted on 07/05/2012 7:38:28 PM PDT by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: factoryrat
Come to think of it, obama does have a third world despot quality about him.

He's missing just one thing.

3 posted on 07/05/2012 8:02:47 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: neverdem
"Given the administration’s extravagant ambitions, incompetence is its saving grace."

Now, that's tagline material if I've ever seen it. lol

4 posted on 07/05/2012 8:18:08 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: OneWingedShark

The left and the right have joined. Their only squabble is how to divide the spoils.


5 posted on 07/05/2012 8:49:08 PM PDT by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: factoryrat
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:

6 posted on 07/05/2012 8:57:47 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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