You Be the Judge

Here is the section references and wording of the USConstitution that are pertinent to the issue of “immigration”:

Article I, Section 8, Powers of Congress:

“The Congress shall have Power To…To establish an uniform Rule of Naturalization.”

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Article VI, Supremacy

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Amendment 10, Powers of the States and People

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Here is the “Intent” section of the Arizona law (S. B. 1070):

Section 1. Intent

The legislature finds that there is a compelling interest in the
cooperative enforcement of federal immigration laws throughout all of
Arizona. The legislature declares that the intent of this act is to make
attrition through enforcement the public policy of all state and local
government agencies in Arizona. The provisions of this act are intended to
work together to discourage and deter the unlawful entry and presence of
aliens and economic activity by persons unlawfully present in the United
States.

You can access the entire, amended AZ law at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf

Here is the opening wording of the national government’s claim filed yesterday against AZ and S.B. 1070

“In this action, the United States seeks to declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070, as amended and enacted by the State of Arizona, because S.B. 1070 is preempted by federal law and therefore violates the Supremacy Clause of the United States Constitution. “

You can read the entire lawsuit at http://www.justice.gov/opa/documents/az-complaint.pdf

TheFundamentals does not wish to taint your evaluation of the facts and issues in this action. We would point out, however, that the key factor in the AZ law has to do with the requirement that a person display ID in the event of a police request as the result of a “stop” for a reason(s) other than “immigration” matters.

You be the judge.