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Opening Shots Fired… July 28, 2010

Posted by ev0rev in Politics.
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The first ruling has come down in the case of SB1070.  In her ruling today, Judge Bolton found that portions of the law were indeed superseded by Federal authority.  Additionally, she ruled that enforcement of the law as written would place too great a strain on existing resources.

I actually have no problem with these findings.  They both support the assertions that have been made for far too long.  Namely, that our Federal government hasn’t taken an active role in enforcing the laws that already exist.   If there is no disagreement that Federal institutions SHOULD already have the authority to act on laws as they exist, then I think its logical to follow with the question “Why aren’t they?”.  And that, really, is what lies at the crux of the matter.  This is what the law was meant to do make no mistake about that.  It is intended to focus attention on the fact that our Federal officials already have the laws in place to do exactly what SB1070 intended… they simply weren’t/aren’t doing anything about them.

Unfortunately, that’s the frustrating aspect of all of this for residents of Arizona.  Its like having a stretch of road where speeding routinely takes place.  There is already a speed limit in place and anytime someone calls for law enforcement to follow through on prosecuting speeders, officials eagerly point to the signs on the side of the road and proclaim the issue is “already covered”.  Yet the speeding continues.  So when local citizens ask their local sheriff’s office to begin enforcing the limit State officials jump up and scream and point out that there is, again, a law already in place.  Yet the speeders carry on.

The point being, no one is disputing that there is already the legal precedent.  What remains to be seen, however, is the enforcement side of things.  To date, that has been the issue.   There seems to be very little will to actually enforce/carry out laws on the Federal level.  States are beginning to recognize this and address their concerns as best they know how.

This is going to become an issue that will go to the Supreme Court for sure.  There is simply too much at stake to allow rulings at any lower level stand.

As an addendum:  I do find it curious that this administration continues to pursue policy that flies in the face of national sentiment.  There is overwhelming support for the law as written.  There was overwhelming opposition to the Health Care Reform bill as it was written.  Virtually all polls show that the issue highest on everyone’s agenda can be summed up through one word… J-O-B-S.  And yet so much attention has been given to these side “projects” while job growth has continued to stall.  In my opinion, this translates into very poor results for anyone attaching themselves to this administration come November.  I think we are going to see some distancing between Democrats running for office and the White House.  Should be interesting.


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?