JJ_BPK
06-26-2012, 05:22
Partial Defeat for Arizona at Supreme Court, by Ken Klukowski 25 Jun 2012
Two important points at the outset about Arizona v. United States that the media isn’t discussing.
First, this case had nothing to do with whether Arizona’s law is constitutional. Despite the rhetoric from the White House and Eric Holder, the administration did not raise any constitutional challenges in court.
.....
The only challenged provision to survive was the one empowering Arizona police to ask you for your immigration papers, and to check with federal authorities (who by law must answer) regarding the immigration status of anyone lawfully detained for other reasons. This was a significant victory for conservatives, since it was the most controversial and publicized aspect of the law.
Justice Antonin Scalia took the unusual step of reading part of his dissent from the bench. “The United States is an indivisible Union of sovereign states. Today’s opinion … deprives states of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there. Neither the Constitution itself nor even any law passed by Congress supports this result.”
Scalia went on in what would have been an excellent majority opinion, adding, “As a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty.”
......
continued:
http://www.breitbart.com/Big-Government/2012/06/25/Partial-Defeat-for-Arizona-at-Supreme-Court
With this case as a framework for future States Rights legislation,, will we see other states creating laws that allow them to:
"As a sovereign, Arizona has the inherent power to exclude persons from its territory,"
I think so.. :lifter:D:lifter
Two important points at the outset about Arizona v. United States that the media isn’t discussing.
First, this case had nothing to do with whether Arizona’s law is constitutional. Despite the rhetoric from the White House and Eric Holder, the administration did not raise any constitutional challenges in court.
.....
The only challenged provision to survive was the one empowering Arizona police to ask you for your immigration papers, and to check with federal authorities (who by law must answer) regarding the immigration status of anyone lawfully detained for other reasons. This was a significant victory for conservatives, since it was the most controversial and publicized aspect of the law.
Justice Antonin Scalia took the unusual step of reading part of his dissent from the bench. “The United States is an indivisible Union of sovereign states. Today’s opinion … deprives states of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there. Neither the Constitution itself nor even any law passed by Congress supports this result.”
Scalia went on in what would have been an excellent majority opinion, adding, “As a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty.”
......
continued:
http://www.breitbart.com/Big-Government/2012/06/25/Partial-Defeat-for-Arizona-at-Supreme-Court
With this case as a framework for future States Rights legislation,, will we see other states creating laws that allow them to:
"As a sovereign, Arizona has the inherent power to exclude persons from its territory,"
I think so.. :lifter:D:lifter