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A Law In Name Only July 7, 2010

Posted by ev0rev in Politics.
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So the U.S. Government has decided to legally challenge Arizona’s SB1070.  I don’t believe the move was unexpected at all.  In fact, I suspect that when the law was written it was done in such a fashion as to anticipate any legal challenge.

In its defense, the U.S. Government has taken the only viable option open to it.  It isn’t challenging the law on its merit or its legal position as such (despite the many cries that the law is subject to profiling that is NOT what the legal challenge is based on).  Our Government, instead, has challenged the law on the basis that there is already an existing Federal law that should legally supersede state laws.  It’s a valid point and one that I suspect will end up in the Supreme court before all is said and done.

Again, I find it interesting that the legal challenge has nothing to do with the objections voiced by so many opposed to the law to this point (including many within the administration itself).  Time after time we have heard how unjust and evil this law is… how it will lead to stereotyping and abuse by law enforcement officials.  And yet none of that is represented by the legal challenge.  The law, as it is written, mirrors the Federal law so closely that those objections would have likely found little traction in court.  Those who have read the law very closely can find nothing substantive wrong with it.

It should be interesting to see how our Government can bring such a suit against the state of Arizona while pointing to its own law as the basis for conflict with SB1070 while it simultaneously supports “illegal” harboring of illegals in cities and counties across the nation.  In other words, the Federal law is indeed in the books and yet has not been enforced…and as I have so often pointed out before, laws are completely and totally useless without effective enforcement.  Now, we have a state that because it was directly affected by growing problems directly attributed to the problem of illegal immigration (mostly through drug/people trafficking) has taken steps to do exactly what the Federal law indicates should be done… and they are being challenged on it. It’s honestly a bit surreal.  It’s certainly very hypocritical.

This administration has paid this issue plenty of lip service and yet has taken virtually no steps to effectively address the issue in a meaningful manner.  Make no mistake, previous administrations have similarly failed to address illegal immigration.  Yet this administration ran on a platform touting “change” and “hope”… for the people of Arizona those words seem particularly hollow today.

Why is the federal government suing Arizona instead of enforcing its own laws against illegal immigration?

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Comments»

1. World Wide News Flash - July 7, 2010

A Law In Name Only…

I found your entry interesting do I’ve added a Trackback to it on my weblog :)…

2. mumbles - July 7, 2010

As a commenter said on my blog, there are many laws that both the state and federal government have enacted. For example bank robbery is both a federal crime and a state crime – yet the feds aren’t demanding the state bank robbery laws be voided (and also aren’t claiming that police shouldn’t be enforcing their state bank robbery laws).

That in and of itself should void the federal argument that the state law is superseded by the federal law.

ev0rev - July 8, 2010

Thank you so much. I have also addes your blog to my “frequent” list 🙂

ev0rev - July 8, 2010

I think the Federal case is already on shaky ground. As you noted, there has been precedent where state laws can be integrated with Federal law to form an effective prevention/prosecution process.

It should be interesting to see how this progresses.


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