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The major problem with this law is the requirement for someone to prove they are a citizen to a State official. State officials do not have the right to ask.
July 29th, the State officials will have every right, granted to them by the state.
It will be awesome to see the mass exodus of illegals from Arizona.
Where does it encroach? It is not a severe as the federal laws. Local police and law officials, enforce federal drug laws, do they not?
If an agency has been granted the authority to enforce the federal laws, yes. When they are not, they can' devise their own. It would be deemed an encroachment. For example, Congress is entitled to provide for organizing, arming and disciplining the militia while states are entitled to appoint the officers and have the authority to train under the guidelines provided by the congress. If any state decides to create its own militia, well, that would be encroachment.
Quote:
Originally Posted by BentBow
Only the criminals and corrupt, don't want laws enforced.
Where do you stand?
An attempt to meet political and personal end by ignoring the constitution would be criminal. Where do you stand?
Quote:
Originally Posted by Toyman at Jewel Lake
By your position, the federal government has pre-empted states on employment law. EEO requirements are federal mandates, as such they may not be enforced by the states, according to your argument...
Its the law. And according article 6 of the US constitution establishes the supremacy: "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."
In other words, states can add to, but not replace or override federal laws. In fact, as it pertains to EEO, many states have an expanded version of the law that goes beyond the minimum set by the federal government.
If an agency has been granted the authority to enforce the federal laws, yes. When they are not, they can' devise their own. It would be deemed an encroachment. For example, Congress is entitled to provide for organizing, arming and disciplining the militia while states are entitled to appoint the officers and have the authority to train under the guidelines provided by the congress. If any state decides to create its own militia, well, that would be encroachment.
An attempt to meet political and personal end by ignoring the constitution would be criminal. Where do you stand?
Its the law. And according article 6 of the US constitution establishes the supremacy: "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."
In other words, states can add to, but not replace or override federal laws. In fact, as it pertains to EEO, many states have an expanded version of the law that goes beyond the minimum set by the federal government.
Laws of the land are enforce by all law enforcement that have taken an oath to uphold the Constitution and its rights and laws.
It is not a severe as the federal laws.
Local police and law officials, enforce federal drug laws, do they not?
There is nothing in the 1986 Immigration act, that says local law enforcement can't enforce the laws?
Nothing in the Constitution says States cannot enforce federal laws.
Individual States can not make federal laws, but nothing stops them from enforcing or putting identical law on the State books.
Laws of the land are enforce by all law enforcement that have taken an oath to uphold the Constitution and its rights and laws.
It is not a severe as the federal laws.
Local police and law officials, enforce federal drug laws, do they not?
There is nothing in the 1986 Immigration act, that says local law enforcement can't enforce the laws?
Nothing in the Constitution says States cannot enforce federal laws.
Individual States can not make federal laws, but nothing stops them from enforcing or putting identical law on the State books.
You just repeated the post to which I had already responded. For that reason, here we go again...
If an agency has been granted the authority to enforce the federal laws, yes. When they are not, they can' devise their own. It would be deemed an encroachment. For example, Congress is entitled to provide for organizing, arming and disciplining the militia while states are entitled to appoint the officers and have the authority to train under the guidelines provided by the congress. If any state decides to create its own militia, well, that would be encroachment.
PS. States can (and are expected to) enforce federal laws, as I have clearly mentioned earlier referencing the constitution. But they can't supersede federal authority by creating their own version, again something I've now repeated.
This is simple....the law is unconstitutional, and yes it is clear cut.
No state has the authority granted to it in the US Constitution to form it's own immigration law. Immigration falls under the "foreign autority" of the Federal Government. States have no power to make laws pertaining to foreign relationships. That is the challenge to the law. Not over its clear racial undertones, but because it asserts power to the state, clearly not delegated to it. Re: Article I Section 8: Congress is granted the power to create rules of Natuarlization [ie immigration too]. Re: Article IV Section 4: The United States shall protect them [the States] against invasion. [if you wish to call immigration an invasion].
In fact the Constitution makes no concession to the States to obtain foreign power-dealing with issues of a foreign nature [immigration, naturalization, duty, war, even sessesion].
Arizona over stepped its bounds in this law. No one disagrees that something needs to be done [and if you think building a wall will help---I suggest you get on the other side of that wall]. The problem is economic. Punish the employers, and allow those who are already here a path to citizenship, just like every other Immigrant to our shores, and may enforce the laws we already have in place.
So your solution is to reward criminal behavior? Just like every other immigrant? Well the every other that you speak of was a legal immigrant. Just a bit of a difference between the 2 types. 1 had no respect for our laws nor our rights as a nation. The other respected us enough to obey our laws and enter legally.
Sort of like the difference between a burglar and an invited guest.
You just repeated the post to which I had already responded. For that reason, here we go again...
If an agency has been granted the authority to enforce the federal laws, yes. When they are not, they can' devise their own. It would be deemed an encroachment. For example, Congress is entitled to provide for organizing, arming and disciplining the militia while states are entitled to appoint the officers and have the authority to train under the guidelines provided by the congress. If any state decides to create its own militia, well, that would be encroachment.
PS. States can (and are expected to) enforce federal laws, as I have clearly mentioned earlier referencing the constitution. But they can't supersede federal authority by creating their own version, again something I've now repeated.
So, although it is able, is the Federal Government expected to enforce federal laws?
So, although it is able, is the Federal Government expected to enforce federal laws?
It is reasonable to expect the FED to enforce the law. What is unreasonable is for the Fed to make excuses and simply go through the motions.
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