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The 10th Amendment died a little more today

Discussion in 'Off-Topic' started by Talga Vasternich, Jul 8, 2010.

  1. Talga Vasternich

    Talga Vasternich IncGamers Member

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    The 10th Amendment died a little more today

    Justice Dept. challenges Ariz. immigration law
    http://www.msnbc.msn.com/id/38107328

    from article:
    "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."

    A state suffering from the cost and violence of illegal immigration that passes a law to attempt to gain some measure of control must now defend itself from the same entity whose inability to enforce the federal version of the same law caused the problem to begin with. :banghead:
    Idiocy. Absolute idiocy.
     
    Last edited: Jul 8, 2010
  2. jimmyboy

    jimmyboy IncGamers Member

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    Re: The 10th Amendment died a little more today

    Gigantic Republican blunder.

    Will not pass the Constitutional muster. Three of the justices on the SC are hard core Catholics. While they may be commercially conservatives, they are unlikely to throw latinos under the bus. Latinos who are the largest makeup of the Catholic church.

    Would have had a small chance in hell had the issue been Equal Protection. But with a Supremacy clause challenge, conservative justices can just say "Oley" and never have to call Arizona lawmakers racists. So it's no chance in hell.

    Arizona Republicans pretty much threw Florida and Texas republicans under the buss.
     
  3. NASE

    NASE IncGamers Member

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    Re: The 10th Amendment died a little more today

    That's not idiocy, that's (con)federalism.
    Well, maybe it's idiocy too, though it's certainly (con)federalism.


    If you don't want this, vote for independence.



     
  4. krischan

    krischan Europe Trade Moderator

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    Re: The 10th Amendment died a little more today

    The 10th amendment died a bit more? I think the opposite is the case. This seems to me as a crystal clear case of its proper application. It's completely irrelevant for the jury what the consequences are. Laws exist to be obeyed. If you don't like a federal law or its consequences, you can change things by getting a different federal legislative... or by changing the constitution. However, if federal law didn't overrule state law anymore, the USA would disintegrate.

    It's OK if the federation delegates the enforcement of federal laws to the states or if a state suffers from a certain federal law. If a state doesn't benefit enough from the federation, it should leave it, although I'm not sure if a US state can leave the federation.
     
  5. Talga Vasternich

    Talga Vasternich IncGamers Member

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    Re: The 10th Amendment died a little more today

    We have a case where the law isn't being obeyed, and a state took action pass a law to enforce consequences. The response from the federal government was not to take additional action to enforce the law, but to prohibit a state from enforcing law.
    This is not a case of a state overruling a law, merely adding to it. States have that right.
    Again, this action was taken due to a lack of action at the federal level. If the federal government will not enforce a law, I believe the states have the right to act.
    Politicians who do not live in the state and do not govern the people of the state (who voted to pass the law) are pandering to a minority with the hopes of gaining votes while ignoring the damage caused by that minority to people's lives and the economic hardship caused by said minority.



     
  6. krischan

    krischan Europe Trade Moderator

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    Re: The 10th Amendment died a little more today

    It's a matter of interpretation what's an addition and what's a change. If it wasn't questionable, no court had to to decide about it. I don't know the exact words of the federal law and the one in Arizona, however. Did you read all of both laws or just a summary from certain sources or an adjucation of somebody else? In the latter case you are in danger of being abused as their tool. Of course, trusting the court blindly has its dangers as well, but with respect to credibility, I for myself place judges clearly before journalists.



     
  7. SaroDarksbane

    SaroDarksbane IncGamers Site Pal

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    Re: The 10th Amendment died a little more today

    No offense, but you have a very naive view of the US justice system.

    Our supreme court make all kinds of horrible decisions that weren't questionable in the slightest before someone dragged them into court (see: interstate commerce clause).



     
  8. krischan

    krischan Europe Trade Moderator

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    Re: The 10th Amendment died a little more today

    I know about tha ambiguousness of the word "questionable", of course :azn:

    AFAIK, the supreme court doesn't act on its own, somebody decided to call it. However, the court can probably turn down silly requests and it decided not to do that.
     
  9. Talga Vasternich

    Talga Vasternich IncGamers Member

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    Re: The 10th Amendment died a little more today

    No court has made any decision about this yet.
    The process will go as follows:
    The first hearing will be conducted by a federal judge in Arizona.
    The inevitable appeal (regardless of the judge's decision) will go to the 9th Circuit Court of Appeals, a panel of three judges.
    If appealed further, it would then go onto the Supreme Court (who have the option to not hear the case and support the Appellate Court's decision). If the Supreme Court hears the case, their verdict is final.
    I have read the Arizona law and parts of the federal laws concerning illegal immigration. While not a legal expert, I do have a good understanding of this issue.



     
  10. Amra

    Amra IncGamers Member

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    Re: The 10th Amendment died a little more today

    Welcome to Obamaland!

    And here I thought (well, I know) he promised to fix this when he was campaigning for President.



     

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