Category Archives: Law

Kris Crossing The SCOTUS’ S.B. 1070 Decision

Constitution, IMMIGRATION, Law, States' Rights, The Courts

The fact that both sides in the immigration-enforcement debate are claiming victory in SUPREME COURT OF THE UNITED STATES: ARIZONA ET AL. v. UNITED STATES attest to just how whishy-washy the split decision today out of the SCOTUS was.

The most informative by far is “Kansas Secretary of State Kris Kobach, who helped draft the Arizona statute, as well as similar laws in other states.”

PBS’s GWEN IFILL asked Kobach whether “this stop-and-check provision that was upheld was at the heart of the law.”

KRIS KOBACH, Kansas Secretary of State: “Yes, I think so. It is certainly part of the law that has the greatest scope, so when Arizona claims victory, I think that’s correct. It’s a qualified victory for the states, the part that has the greatest reach.

Put it this way. That provision will kick in, in thousands of law enforcement stops every day throughout the state of Arizona. So it has a great reach. The other provisions are less significant, for example, the part criminalizing the illegal seeking of work.

That’s only going to be relevant if a county launches an investigation of a particular employer, and then they discover certain unauthorized aliens who have broken that law. So, it’s much narrower. The big one was the one that was upheld today. And I think that’s going to give a green light to other states who — some states have already copied that provision of Arizona law.

And there are additional states that probably will try to do so in January in 2013, when the legislative sessions begin again.”

ABOUT the alleged racial profiling in the law, Kobach said this:

… the law in four different sections expressly prohibits application of the law differently to a person whether based on his skin color, his national origin or his ethnicity. The law forbids racial profiling.
The Department of Justice knew that that argument would get nowhere in a facial challenge. And if in the future you had a bad apple police officer who was trying to racially profile, he would be breaking SB-1070, he would be breaking the law. And so his actions wouldn’t in any way indict the law. The bottom line is…

GWEN IFILL: …What is it — how do you walk the line that the court laid out today, which is a law that can — that complements federal law, but doesn’t supersede it, as the court said so much of the Arizona statute did?

KRIS KOBACH: “Well, we now have some clear guidance from the court. We know that the arrest provisions of Section 2-B, the main provision we have been talking about here, those are perfectly fine. We have got a number of other states that have already implemented them and are in circuit courts right now.

There are a bunch of states waiting in the wings to do the same thing. Those can move ahead. If a state wanted to do the criminalization of seeking employment, the Supreme Court has said no.

And one other thing that is really important about this opinion, the court clarified what I have been arguing all along and I think most people who follow this specific area of preemption law know. And that is there have always been windows of opportunity where states can act as long as those actions are consistent with federal law.

And the court reiterated that today. They said, in our federal system, the courts can take certain steps to discourage illegal immigration and communicate and assist with the federal government, assist the federal government in enforcing our immigration laws. And the court reiterated that today. So, I think you’re going to see states continuing to take reasonable steps to try to rebuild the rule of law. …

…This law simply is about enforcing the rule of law and allowing state and local governments to provide a reasonable amount of help when they’re in the course of their normal duties. There is no disrespect for a person’s humanity by simply saying we have certain laws in this country and we simply want to inquire as to whether you’re here legally.

As far as diminishing states’ rights, there is one aspect that I would certainly concede in the majority opinion that says — what the court did is they looked at Congress acting in 1986 when Congress criminalized the employment of an unauthorized aliens, when you have a large number of unauthorized aliens or you have a pattern and practice.

And the court said, well, we’re going to read into what Congress did. We’re going to look at what Congress didn’t do. And we’re going to read into Congress’ decision not to criminalize the employment — the actions by the employee. And we’re going to say that inaction by Congress preempts the states as well.

I think that was a troubling part of the opinion because, you know, when you have inaction by Congress, 99 percent of the time they’re not passing something, and you start drawing conclusions from congressional inaction, then you potentially can displace the states in a way that the framers never intended. …

…certainly Congress can and should take certain actions.

I think Congress should, for example, follow Arizona’s 2007 law that was upheld by the Supreme Court last year requiring E-Verify for all employers in the state. We should have that nationally.

But on the other hand, I would say there are a lot of things we could do to improve our enforcement of the laws. People always say, the system is broken, the system is broken. Well, not exactly.

Some aspects are, but there are plenty parts of the system that work just fine, but we lack an executive branch right now that wants to enforce the law.”

UPDATED: Warn White Kids? Fogetaboutit (Culling Your Kids)

Crime, Criminal Injustice, Journalism, Law, Left-Liberalism And Progressivisim, Propaganda, Race, Racism

If you want the truth about the plague of black-on-white violence, don’t watch Big Media’s news reports, where they work overtime to mask the facts. Don’t tune in to the vain chit-chat on Judge Jeanine’s show; read the Comments section. Despite the baffle-gab on cable, Americans get it. But why don’t they warn their vulnerable kids?

Here is a comment one wise guy appended to the tangent title on Judge Jenine’s Page (“Judge Jeanine Investigates the Mysterious Death of a High School Graduate.” She did no such thing.)

Alanbanford:

Let’s cut through the chase, the High School Graduate was killed because he was White. Don’t insult the rest of us with everything under the sun except what it really is, and very common. Let’s look at FBI murder stats, put that on TV.

“Alanbanford” was referring to Marley Lion, RIP, the prototype child, with the prototypical WASP parents I wrote about in “Sacrificing Kids To PC Pietism”:

Mild and meek, vulnerable boys like Carter Strange [or Marley Lion] deserve to be informed of the real dangers they face by the formative figures in their lives. Instead, these errant adults feed these precious people a pack of lies, and enfeeble them with pieties …

In any event, it’s not easy to find the Marley Lion story, and when it is “written up”—journalism of white-on-black hate crimes being so shoddy—the details are purposefully sketchy. Here is a journalism 101 FAIL from the Post and Courier’s EDWARD C. FENNELL:

Lion was shot multiple times early Saturday in a sport utility vehicle he had parked off Savannah Highway. Before dying, Lion told police he parked to sleep because he’d had too much to drink and was unable to drive home.

Paul Bowers of the Charleston City Paper does the bare minimum:

Marley Lion, a recent graduate of Academic Magnet High School, was shot inside his Nissan Pathfinder early Saturday morning in the parking lot by Famous Joe’s Bar and Grill at 1662 Savannah Highway, and around 4:05 a.m., police found him lying on the ground beside the vehicle. Lion was still alive at the time, and he told an officer he had been sleeping in the car because he was too intoxicated to drive home. He said two black males walked up to the vehicle and one of them shot him five times before they left the parking lot on a gravel path toward Yew Street.
The video shows someone walking up to the vehicle, doing something near the driver’s-side front door, and then leaving the scene when the vehicle’s headlights start flashing on and off. Detective Richard Burckhardt, the lead investigator in the case, says this is the point where Lion presses a button on a key fob to trigger the vehicle’s alarm system. About 20 seconds later, someone approaches Lion’s car with a gun and fires several times.
Police say the gunman is a black male who appears to be taller than the vehicle, putting him in the range of 5 feet 8 inches to 6 feet tall. He has a medium to stocky build and was wearing a striped or checker-patterned shirt at the time of the murder, and he fled on foot toward the Ardmore neighborhood afterward, according to the police investigation.

Poor boy. He pulled over because intoxicated. He used good judgement—and lived long enough to tell the tale. But Marley’s dying words were for naught. As expected, an “errant adult” in the person of Charleston Police Chief Gregory Mullen has issued the standard obfuscations. “There is no indication that this crime was anything other than random, senseless violence.”

UPDATE (June 24): Anyone who has a child who looks vaguely like Morely—clean-cut, enviably pretty, all-American—will find it near impossible to watch this devilish culling of the boy. (I analyze the envy that propels en masse slaughter in Africa in “Into the Cannibal’s Pot.”)
And anybody who has a child that has been through the “system,” as has my own, will find that that kid has been groomed for sacrifice—and turns on her parent for warning her off.
Public education (helped by parents) has turned our kids into the prototypical white left-liberals, whose creed is PC pietism, and who are passionate about sacrificing their precious lives for Da Creed.

Minimum Wage, Maximum Economic Illiteracy

Democrats, Economy, Labor, Law, Regulation

The Bill to raise the minimum wage has three Democratic lawmakers — Reps. John Conyers, Jr. (D-Mich.), Dennis Kucinich (D-Ohio), and Jesse Jackson, Jr. (D-Ill.) — swelling with pride.

The “Catching Up to 1968 Act of 2012” … would spike the minimum wage from $7.25 an hour to $10 while mandating that future increases be tied to inflation. Jackson and his Democratic colleagues proclaimed that the legislation would model the 1968 minimum wage rate for inflation in today’s dollars. “This legislation is long-overdue and sorely needed,” Conyers affirmed. “More than 30 million Americans would see their wages increased, which would provide an immediate boost to the economy.”

Today’s youth don’t have the economic smarts with which to understand why they are less likely to be hired under legislation that fixes the price of their labor above its productivity.

Those who claim to represent unemployed youngsters—whose labor-participation rate has been in decline—don’t much care that such legislation circumvents voluntary exchanges in the market. Because government has fixed the price of labor, economic actors are prevented from engaging in mutually beneficial, voluntary exchange.

Still less is the hike justified because it impoverishes. For government can bid wages above market value, but it cannot compel business to hire, the outcome of which is unemployment among the young and the poor.

UPDATED: Arrested for Being a Tomboy (& Talking too Much)

Crime, Fascism, GUNS, Individual Rights, Law, Private Property

They’re getting closer! Those of us who, like young Celia Alchemy Savage, “distrust government,” and, like the 23-year-old Georgia tomboy, believe that “everybody ought to be able to set on their property and do whatever the heck they want to”: Watch out.

Celia Savage, who likes to blow things up on her property or in the forest clearing, was arrested for telling an agent of Police State USA that she liked to “Blow things up. …” especially “toilets in the woods.”

She did nothing wrong, other than blow her mouth off to an officer of the police state. She was not caught in any criminal act, as far as I can tell. There was no plausible cause to search her home. But they did. Based on what they found during that raid, Savage is being “held on federal weapons, explosives and drug charges, and has been denied bond.”

Savage’s Facebook profile, which is also still on the web, lists “explosives” as an interest, her political orientation as “anarchist” and her status as “Push to test. Release to detonate.”
“I despise all law enforcement and any governing authority,” she says in her “about Celia” section.

Had the Georgia resident offered her skills to Uncle Sam’s fighting force, she’d be in the clear, especially if she blew off some “toweled” heads, or peed on them.

What next? Question her likely many Facebook Friends? Perhaps Savage is my friend and I don’t know it?

UPDATE (June 2): “Beware Of People Like … Mercer”:

A secret Missouri State police report, “entitled ‘The Modern Militia Movement,’ and dated February 20, 2009,” is warning about subversives like … me [and YOU].

One of the incriminating telltale signs the Missouri Information Analysis Center (MIAC) is on the look out for are Ron Paul stickers.
I have one on my car. It reads: “Don’t blame me, I supported Ron Paul.”
The MIAC has cultivated an ensnaring network of snitches and spies”—consisting of local, state and federal agencies, as well as the public sector and private entities”—all instructed to keep their eyes peeled for “paraphernalia” associated with the patriot movement. Flags, for example. Guilty again. A magisterial “Don’t Tread On Me” flag snakes across the front page of this website, where my seditious work is stored. The Gadsden flag appears on every other page too. I can’t get enough of “that funky snake,” as my website developer calls the critter.
Indeed, this early American symbol represents some of the values I cherish and champion. The Stars and Stripes stands in stark contrast to the “modest motto” the rattler embodies. Beloved of Republicans, especially, the American flag has ceased to symbolize the ideals of individual and national sovereignty, but stands, rather, for arrogance and imperialism, at home and abroad. …


READ MORE about what could incriminate us in Police State USA.