ext_38958 ([identity profile] reality-hammer.livejournal.com) wrote in [community profile] 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.
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.

[identity profile] montanaisaleg.livejournal.com 2010-07-07 04:09 pm (UTC)(link)
While I'm pretty sure this is a move motivated by political concerns more than anything else, how is Obama disregarding the rule of law? He's challenging it in court. That's very much within the rule of law. Heck, it's almost the definition of "rule of law." If the courts rule against him and he ignores their decision, that's disregard for the rule of law. If he didn't bother with a lawsuit and somehow tried to prevent the enforcement of the AZ law, that's probably disregard for the rule of law. But disregard for your legal opinion != disregard for the rule of law.

[identity profile] montanaisaleg.livejournal.com 2010-07-19 03:08 pm (UTC)(link)
If the arguments in the lawsuit are as obviously wrong as you seem to think they are, either the judge will dismiss it or Obama will lose. And as the very article you linked to says, priorities are set at all levels of law enforcement. You may think that immigration laws aren't being enforced adequately (and I may even agree with you), but the fact that they focus on certain types of enforcement doesn't mean Obama is violating the law any more than a focus on homicide over jaywalking means that local law enforcement is violating the law.