Judge blocks parts of Arizona immigration law
PHOENIX (AP) – A federal judge dealt a serious rebuke to Arizona’s immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.
The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation’s toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge’s order overturned.
But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person’s immigration status while enforcing other laws.
The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places – a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.
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Judge blocks parts of Arizona immigration law
I am not, by nature, an anarchist. I love this nation, I have fought for this nation all of my adult life and I continue to fight for Her today. The furthest thing from my mind would be the demise of the United States of America and it being brought about due to MY actions or words.
But, I am thinking, more and more every day, perhaps anarchy, rebellion, is the only option left for those of us that want to save America and return her to some sense of order, legality and greatness. We were born of rebellion, and rebellion may be required for a re-birth of America to take place.
It is quite obvious that our Federal government has no intention of doing anything to address the issues at hand.
Sure, there’s a chance that a U.S. Circuit Court of Appeals might overturn the decision of U.S. District Judge Susan Bolton, it’s a possibility, it can happen, but an appeal on this one goes before the 9th Circuit Court in San Francisco. There it becomes a distinct possibility that AZ SB-1070 will disappear down the wormhole for all time, never to be heard from again.
The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.
What has happened to STATES RIGHTS?
Doesn’t the Tenth Amendment come into play? The U.S. government isn’t doing anything to enforce immigration law, or anything noticeable to remove illegals and secure the U.S. border. Why then should individual states not be allowed the authority to protect their sovereignty even if the United States refuses to do so?
I’m not a Constitutional scholar, nor am I an expert in the interpretation OF the Constitution, but it seems to me that STATES should have the authority to govern themselves in the way the state and it’s voters see fit to govern.
Alien and Sedition Acts
When the Federalists passed the Alien and Sedition Acts in 1798, Thomas Jefferson and James Madison secretly wrote the Kentucky and Virginia Resolutions, which provide a classic statement in support of states’ rights. According to this theory, the federal Union is a voluntary association of states, and if the central government goes too far each state has the right to nullify that law. As Jefferson said in the Kentucky Resolutions:
Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party….each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. Alien and Sedition Acts and States’ rights
Not being a lawyer, perhaps I’m missing something here, but it seems to me that the above quote does spell out the idea that the STATES do NOT have to go along with a program just because some politician in Washington, or one of their appointed for life federal judges says it’s the right thing to do.
Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.
It seems to me that a lot more states need to adopt a law similar, if not a exact copy of AZ HB-1070. It’s a good law, well written and very specific. Arizona is lucky to have folks like Gov. Jan Brewer pushing this law and working hard to make it a reality.
Sadly, here in Texas, Gov. Goodhair, uh, sorry, Rick Perry, is too gutless to speak up like a MAN and push for a similar law here in Texas. Gov. Good, uh, dang, sorry, Perry has said, “It would not be the right direction for Texas.” Perry against Arizona law for Texas
In all fairness, Perry IS running for Governor again here in Texas and he doesn’t want to take a chance on alienating (pun intended) the Hispanic vote in Texas. And if Perry takes a run at the GOP nomination in 2012, well, you can easily see WHY our Governor has placed his BALLS is a jar and put them far out of reach.
I’m getting older now, I have health problem too. I’m not in the mood to take it to the streets and prosecute an armed insurrection against the thugs that are killing this nation, but if it means the difference between the death of our nation and my personal health and well being, in the immortal words of Todd Beamer, “Let’s roll.”