Thursday, July 29, 2010
Blocking Portions of Arizona Immigration Law is Unconstitutional
By Douglas V. Gibbs
A federal judge has blocked some of the toughest provisions in the Arizona illegal immigration law. The decision by the federal judge, according to the main-extreme media, is "putting on hold the state's attempt to have local police enforce federal immigration policy."
The judicial decision by the federal judge is unconstitutional. The federal government has no authority to tell the State whether or not it can enforce immigration law.
In the U.S. Constitution immigration is mentioned, or referred to indirectly, twice.
In Article I, Section 8, Clause 4 the federal government is given the authority to "establish an uniform Rule of Naturalization." This is the rules for who can naturalize, and they must be adhered to uniformly by all the states. Notice it "establishes" the rule. It not only says nothing about enforcement, but also it says nothing about the migration of those persons into the U.S. in the first place.
In Article I, Section 9, Clause 1 the U.S. Constitution gives the U.S. Congress, after 1808, the authority to pass legislation to "prohibit" the migration of persons into this country. In other words, to set the rules by the creation of law regarding who can come into this country. Once again, the Constitution says nothing about enforcement in regards to this authority.
In Article 4, Section 4 the Constitution also provides that the Federal Government "shall protect each of them [states] against Invasion." This is a direct reference to sealing the border, and not allowing unauthorized persons to cross the border. Unauthorized entry into the U.S. is an invasion in the strictest sense.
In the U.S. Constitution the powers of the Federal Government are "granted" to it by the authorities listed "herein" the Constitution (See Article I, Section 1). Powers not delegated to the Federal Government, nor prohibited to the States, are authorities that belong to the States (See Tenth Amendment). Since the authority to enforce immigration law is not granted, or vested, to the United States Federal Government by the U.S. Constitution, it is a power of the States. Therefore, Arizona's immigration law is not only constitutional, but it is their responsibility as a State to do what they are doing.
The only part of this equation the Federal Government must do is protect the border, and they have fallen down on the job badly on that one.
-- Political Pistachio Conservative News and Commentary
Federal Judge Blocks Key Portions of Arizona Illegal Immigration Law - Fox News