printThe United States of America (Plaintiff) V. The State of Arizona and Janice K. Brewer (Defendants): From the president’s vividly described fears of being asked by Sheriff Joe Arpaio for his birth certificate while out and about in Arizona buying fat-free ice cream for the first daughters—I got the impression that the purpose of bringing the might of the federal government down on the state of Arizona was to forestall foreseeable racial profiling. Yet not a words does the filed Complaint say of that stated objective. Clearly the fear was without legal foundation.
And if the preservation of the long-since sundered constitutional scheme is the goal of the suit, as stated, why have the federales not pursued sanctuary cities which have taken it upon themselves to defy federal immigration authority, and are thus “preempt[ing] federal law and therefore [in] violation of the Supremacy Clause of the United States Constitution”?
An undeterred Michelle Malkin (read the hate mail) has dug up the explanatory DOJ dirt.
UPDATE I (July 9): “The DOJ suit is obviously designed to frighten other budget strapped states into not proceeding with similar legislation,” writes VDARE’s Donald A. Collins, a Democrat.
The “‘preemption’ argument” is being used “to quash rational consideration of [the federal government’s] own errant conduct. Folks, we are in a desperate place when the monopoly of government power can turn us into serfs on the Federal estate! [That’s been accomplished already.]
Some 50 million immigrants since the ill fated 1965 immigration legislation have come here with the powerful encouragement of the cheap labor, ethnic, and religious lobbies. They can now, with the recent Citizens United decision, overwhelm our elective process with unlimited campaign spending.
Peter Brimelow, as always, cuts to the chase:
“An American state is forced to defend itself against a federal government that will not honor its constitutional obligation to defend the states against invasion—which must ultimately raise the secessionist question: what good is the American Union at all?
And a elemental political question is being punted to the judiciary—which must ultimately draw the judiciary into politics and waken the sleeping dragon of the constitutional check/balance, the impeachment of judges.
I’ve said before that all this is beginning to remind me of the last years before the outbreak of the Civil War.
What William H. Seward called an ‘irrepressible conflict’ is shaping up—between the historic American nation and the radicals who must overwhelm it if they are to maintain power.”
UPDATE II (July 10): AID TO ARIZONA. We can all help the freedom fighters of Arizona in their secessionist fight against the federales. Donation options are at the KeepAZSafe website. I will be opting for the cheque option. In this way, the data one needs to attach to the payment will appear on a sheet of paper. This is less likely to be committed to a database than data you enter online. Just a personal preference.
I would like to see the law defended by Kris W. Kobach, a University of Missouri–Kansas City School of Law professor, and an author of the Arizona law. Kobach has a first-rate mind to match his patriotism:
Kobach has determined that “state police, exercising state law authority only” may make arrests for violations of federal law”—a right Kobach anchors in a state’s status as a sovereign entity.
States are sovereign governments possessing all residual powers not abridged or superseded by the U.S. Constitution. The source of the state governments’ power is entirely independent of the U.S. Constitution. … the states possess what are known as ‘police powers,’ which need not be specifically enumerated. Police powers are ‘an exercise of the sovereign right of the government to protect the lives, health, morals, comfort, and general welfare of the people.
Arizona’s is not an exercise of “delegated federal power.” “Rather, such arrest authority inheres in the States’ status as sovereign entities.”
UPDATE III: “No Concern For U.S. Unemployed In President’s Big Amnesty Speech.” An excellent analysis of the elites’ “eff-you” attitude from NumbersUSA:
“His renewed call for massive numbers of work permits for foreign workers is an incredible slap in the face to the 25 million Americans who want a full-time job but cannot find one. …
“PRES. OBAMA DOESN’T KNOW THAT AMERICAN COLLEGE GRADS ARE HAVING ONE OF WORST YEARS EVER FOR FINDING A JOB.”
“Everywhere I turn this summer I talk to college students, recent college grads and their parents who lament the difficulty — sometimes the impossibility — of finding a job in their professions. …
“JOBLESS AMERICANS ARE A SPECIAL INTEREST WHO MUST BE OPPOSED, ACCORDING TO SPEECH”
“Folks, just who are the ‘special interests’ who are blocking ‘comprehensive immigration reform?'”
“It looked like nearly every special interest in the nation was in that university auditorium applauding the President’s appeal for more work permits for foreign workers. You had Big Business, Big Labor, Big Academe, Big Religion, Big Ethnic Grievance Groups, Big City Mayors, Big City Police Chiefs.” …
“PROF. OBAMA DOES NOT UNDERSTAND IMMIGRATION HISTORY”
Obama conveniently left out that in the past, America greatly reduced immigration during times of “economic upheaval.” Instead during this time of massive unemployment, he stood there and made a speech for increases in foreign workers.
He further unscored [sic] his lack of historical knowledge by using the Statue of Liberty as if it were dedicated to immigration. In fact, “Liberty Enlightening the World” was intended to celebrate the U.S. as a model for the rule of law and individual freedom for other nations to emulate so their own citizens wouldn’t need to think about moving somewhere else.
Read this simply superb, patriotic analysis.
UPDATE IV: Here kOBACH points out that pending are five lawsuits against Arizona based on the supremacy clause. There is no need for the government to launch its own suit. The pile-on makes plain that the government’s is a politically motivated law-suit; the aim is to send a message to the errant state.
Moreover, Arizona-style immigration laws are extant in Missouri and Rhode Island, yet no action has been taken against these states. This treacherous government (Bush’s was no different) is targeting the state through which half of all the illegal aliens entering the US pass because they want to make sure these stellar trespassers keep coming.
TREASON.
It appears that the Obama administration wishes to NULLIFY Federal immigration law and is upset that a State, in enforcing its own laws against criminal activity, is complying with Federal Law.
Wow! An actual link to the fedgov’s complaint against Arizona. You’ll find this nowhere else but BAB. Thanks!
The complaint is rather amusing. Multiple times, the feds admit that they have a “balance of competing objectives in the enforcement of the federal immigration laws.” Protecting American states from invasion doesn’t seem to be one of those competing objectives. Section 38 of the complaint, beginning on page 15, claims that Arizona is interfering in U.S. foreign policy by opposing Mexico’s plan to export most of its population here. If that wasn’t meant to be a joke, then it is time to secede. If only our state governments could obtain control of a few nuclear weapons…
Re: Michelle’s hate mail – it is always interesting to note how many on the “left” can bring out their vitriol against women, gays, blacks, etc. provided the target is Michelle Malkin, Larry Craig, Clarence Thomas.
Some 50 million immigrants since the ill fated 1965 immigration legislation have come here…
This is amazing. 50 million have come here in 45 years. Contrast this number with the number of immigrants who came from Jamestown until Eisenhower. From 1607 until 1958, about 350 years, approximately 42 million immigrants came.
If this doesn’t show you the current immigration level is out of control nothing will.
I’ve said before that all this is beginning to remind me of the last years before the outbreak of the Civil War.
Only this time it won’t be as cut-and-dry as entire states seceding from the Union. I think we can expect massive population flux and the establishment of new boundaries and borders.
It’s all a big mess and we let it happen. We didn’t want it but we didn’t do anything to stop it. Now the buttermilk is full of floating bumble bees and we have to face it. The federal government, as it has for many years, is operating on the basis of what’s desirable for themselves and their cronies. The citizens be damned. The country be damned. Now we have an uphill battle. Stand behind Arizona and any other state with the cajones to stand up to the federal goliath. After all, snicker, snort, we have the Republican party on our side, sort of. A real comfort in my old age.