Biggest fight of the 21st Century just started
Civil War of 2010
This is an enormous political gamble unless you think you may have already lost in November.
Nothing gets Americans' dander up like messing with States’ rights. This is especially true when the Federal Government, as it says, has jurisdiction but then failed to do their job.
Federal law trumps state laws as the Preemption clause says in the Constitution, but what if the Federal Statue is full of holes or is unenforced, leaving states with demonstrated material damage. Can the state recover damages through their own suit against the Feds for the cost of illegal immigration?
The theoretical argument that the Arizona law will lead to discrimination is an intellectual one, characteristic of Eric Holder’s thinking. My guess is that will hold as much water as a bucket with a hole in it left in the parched Arizona sun.
Now, don’t get me wrong. I am in favor of legal immigration, but it must be within our capacity to manage in accordance with the law. Illegal immigration is a wound that has been allowed to fester to the point of threatening the health of the Nation.
Fixing the wound with proper Federal Legislation is the answer. Poking it with a law suit against the states will surely backfire. This is a sloppy and regrettable action.
“Justice Dept. sues, seeks injunction on Ariz. immigration law
By Jerry Markon
Washington Post Staff Writer
Tuesday, July 6, 2010; 2:39 PM
The Justice Department filed suit Tuesday against Arizona on grounds that the state's new immigration law illegally intrudes on federal prerogatives and is seeking a preliminary injunction to stop the legislation from taking effect.
The lawsuit invokes as its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, law enforcement sources said.
But the filing also contained a civil rights component as well, arguing that the Arizona law would lead to police harassment of U.S. citizens and foreigners. President Obama has warned that the law could violate citizens' civil rights, and Attorney General Eric H. Holder Jr. has expressed concern that it could drive a wedge between police and immigrant communities.”
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