Feds filed lawsuit against SB1070 today

Posted: July 6, 2010 in Illegal Immigration, Silly in AZ

US Dept of Justice filed suit against the State of Arizon to block the implementation of the new illegal immigration law recently passed (SB1070).  The Feds are claiming it is unconstitutional in that it “usurps” federal authority in an area that is specifically mentioned as being a federal responsibility in the Constitution. 

And if we’re just relying on the language in the Constitution, this would be a no-brainer.  However, the Supreme Court is decidedly weighted on the conservative activist side.  What I mean by that is….the majority on the Supreme Court is a strict constructionist when it comes to the Constitution EXCEPT when they think it is to their advantage the bend the rules. Then they become activists by interpreting and expanding the Constitution.  How else could you explain the recent Citizens v. United decision that gave the same rights to corporations that heretofore had been restricted to individuals?

And to be fair, one can argue that the Feds leave a lot of things to be managed by states and to add insult to injury the Feds will often fail to adequately fund those “mandates”.  While I understand my state’s frustration with the lack of progress on illegal immigration, I don’t share the desire of the state to overstep our constitutional boundaries.  We have other legal means to affect policy:  elections.  Yet, AZ citizens continue to elect the same ol yahoos like McCain that serve the same ol interests and those interests don’t want to try anything new or make any compromises or really progress into the current century.


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