Article VI of the US Constitution provides:
“This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding”
Article 1 of the Constitution, which spells out Congress' powers, specifically gives U.S. lawmakers authority to establish a "uniform Rule of Naturalization" and to regulate commerce with other nations.
Strong discontent exists, especially in the southwest, over the illegal immigration from the Latin American countries, and the fifteen million illegal aliens currently in this country. In addition, there is a strong desire among the average citizen to just round them up and send them out. Most, however, have no comprehension of the complexity of that undertaking---the number of illegals, nationwide, is almost twice the total population of Los Angeles County. The federal government would have to hire tens of thousands of additional employees to administer that program at a huge cost to the taxpayers. Even then, it may not be a practical, or final, solution.
Under the Supremacy clause of the U. S. Constitution and the doctrine of preemption, it is my opinion that this state law cannot survive a constitutional confrontation; and even though there are some committed state’s right advocates on the current Supreme Court, they probably will not go this far. I suspect the Attorney General’s office of the State of Arizona told the Governor as much. The federal government is responsible for the immigration laws, and to have each state adopt their own version is just not workable. Possibly the Arizona legislators view it as a “feel good” law that may help with their re-election.

No comments:
Post a Comment