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talkpolitics2010-07-06 04:50 pm
reality-hammer.livejournal.com) wrote in talkpolitics2010-07-06 04:50 pm
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Obama sues Arizona
Just when you think the Obama administration disregard for the rule of law couldn't get any worse it sets the bar that much lower.
Gosh, in the same way that states pursuing bank robbers usurps the federal laws against bank robbery?
Obama & Co. also seem blissfully unaware that there are dozens of state laws against activities that are illegal at the federal level. Are they going to argue that all of them are invalid?
Obama and holder are giving the Constitution the middle finger and violating the rights of states that are clearly defined in the Constitution as well as ignoring the duties and limitations of the federal government contained in that document.
Do Obama and Holder really think they can pull off something so egregiously anti-American?
I'd love to see counter-suits from states that recognize the federalism defined by the Constitution and which object to the callous disregard for the rule of law being perpetrated by the Obama administration.
It will be amusing to see how many people who claimed that Bush was "shredding the Constitution" stand up and object to a real raping of the rule of law.
So is this the lowest Obama and Holder can go or will we see worse by November?
ETA: court decisions and DOJ analysis. If you read carefully there's an out for Obama to play: declare that immigration laws are not being enforced at the federal level so states cannot enforce them either. It's a move that would satisfy the extremists on his side but pretty much cause a political tsunami against Democrats who continued to support Obama.
The government contends that the Arizona law violates the supremacy clause of the Constitution, a legal theory that says federal laws override state laws. It is already illegal under federal law to be in the country illegally, but Arizona is the first state to make it a state crime and add its own punishment and enforcement tactics.
Gosh, in the same way that states pursuing bank robbers usurps the federal laws against bank robbery?
Obama & Co. also seem blissfully unaware that there are dozens of state laws against activities that are illegal at the federal level. Are they going to argue that all of them are invalid?
Obama and holder are giving the Constitution the middle finger and violating the rights of states that are clearly defined in the Constitution as well as ignoring the duties and limitations of the federal government contained in that document.
Do Obama and Holder really think they can pull off something so egregiously anti-American?
I'd love to see counter-suits from states that recognize the federalism defined by the Constitution and which object to the callous disregard for the rule of law being perpetrated by the Obama administration.
It will be amusing to see how many people who claimed that Bush was "shredding the Constitution" stand up and object to a real raping of the rule of law.
So is this the lowest Obama and Holder can go or will we see worse by November?
ETA: court decisions and DOJ analysis. If you read carefully there's an out for Obama to play: declare that immigration laws are not being enforced at the federal level so states cannot enforce them either. It's a move that would satisfy the extremists on his side but pretty much cause a political tsunami against Democrats who continued to support Obama.
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Previous Supreme Court decisions and DOJ analysis specifically state that local law enforcement officials can enforce immigration laws if their state laws allow for it.
Again, Obama is arguing against the Constitution.
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The SCOTUS case law he/she/it is probably referring to are those cases which regulate purely the economic aspects of immigration in the workforce of a particular state. However, federal courts have routinely struck-down laws that go further, and actually act to regulate immigration. This area of the law is subject-matter preempted by the federal government, and states CANNOT choose to enforce federal laws in whatever manners they see fit. It is the federal government who decides how / when certain undocumented persons may be removed, NOT the states.
I can't see it, my eyes are closed!
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