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Good, this law should be overturned, quickly. Gives way to much power to police, and its already been tried once. The pilot program resulted in abuse, racial profiling, and lawsuits. (still trying to find the case, but heard it mentioned several times on the morning news)
Also, its Unconstitutional, in the fact that the Federal Government is given the power to secure the borders. Since the Constitution says that this is a Federal power, states can't legally pass an immigration law.
Arizona has the duty to protect their citizens. The murder of that rancher on his own land was the final straw.
Arizona has the duty to protect their citizens. The murder of that rancher on his own land was the final straw.
What if the Feds find no fault in this law?
Then what?
It doesn't matter what the Department of Justice finds, there is absolutely nothing they can do about the AZ law.
The Supreme Court held in Terry v. Ohio, 392 U.S. 1 (1968) that law enforcement may stop anyone if they have a "reasonable suspicion" that a crime has been committed, will be committed, or is in the process of committing a crime. It has become known as a "Terry Stop."
The Supreme Court has also held in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004) that State laws that require an individual to properly identify themselves does not violate the individual's protected 4th or 5th Amendment rights. The "identification" required is merely stating your legal name. No papers or any other form of identification is required.
If I hadn't been reading your posts for a while, I would have. As I see it, nobody but YOU can help yourself. I will give you a hint, however. Just think about what you post. And, perhaps, start with the post I didn't "help" you out with .
The Justice Department will review the law for civil rights issues. That's a given and also very common. But, it doesn't take a really deep thinker to also recognize that, with the 2010 elections looming, there's a political element to this highly publicized decision. Couple that with Obama's appeal to minorities to get out and vote, one can easily surmise that this has just as much to do with political gain as it does civil rights. I assumed that you could read between the lines and come to a similar conclusion. Maybe my point required deeper thinking than I assumed it should. You obviously missed that point. And if you disagree, you sure didn't lay out why you don't think there's a political element to this at all. Which doesn't surprise me, either.
Arizona has the duty to protect their citizens. The murder of that rancher on his own land was the final straw.
What if the Feds find no fault in this law?
Then what?
I highly doubt that this law isn't going to be overturned.
I feel awful about a rancher being killed by an illegal. However, there are ways of protecting our borders, without stomping on our founding documents.
It doesn't matter what the Department of Justice finds, there is absolutely nothing they can do about the AZ law.
Ya think?
Quote:
The Supreme Court held in Terry v. Ohio, 392 U.S. 1 (1968) that law enforcement may stop anyone if they have a "reasonable suspicion" that a crime has been committed, will be committed, or is in the process of committing a crime. It has become known as a "Terry Stop."
That is quite correct, however, what will be the basis for a "reasonable suspicion" that someone is an illegal alien and more specifically an illegal alien in Arizona, dark skin, imperfect english, what criteria that can not be traced to race, or ethnicity, all protected classes under the 15th Amendment. If you can't answer the question without relying on clearly protected attributes, the Federal government can and will be required to do something about Arizona's law.
Quote:
The Supreme Court has also held in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004) that State laws that require an individual to properly identify themselves does not violate the individual's protected 4th or 5th Amendment rights. The "identification" required is merely stating your legal name. No papers or any other form of identification is required.
Hiibel like Terry relies on the establishment of "reasonable suspicion" the Arizona statute goes even further by require not just reasonable suspicion but probable cause. Again, what would be either the reasonable suspicion much less the probable cause for establishing that an individual can be stopped and questioned absent racial or ethnic profiling?
If obama thinks this will play well in the midterms, I think he is miscalculating. This is SURE to bring out even more conservatives AND Indies AND those democrats who are against illegals sucking this country dry.
Good, this law should be overturned, quickly. Gives way to much power to police, and its already been tried once. The pilot program resulted in abuse, racial profiling, and lawsuits. (still trying to find the case, but heard it mentioned several times on the morning news)
Also, its Unconstitutional, in the fact that the Federal Government is given the power to secure the borders. Since the Constitution says that this is a Federal power, states can't legally pass an immigration law.
So we are just supposed to sit back and let the feds take their sweet time doing "immigration reform" which in the end is only going to mean making another 12-30 million illegals legal huh? Give me a break.
Good, this law should be overturned, quickly. Gives way to much power to police, and its already been tried once. The pilot program resulted in abuse, racial profiling, and lawsuits. (still trying to find the case, but heard it mentioned several times on the morning news)
Also, its Unconstitutional, in the fact that the Federal Government is given the power to secure the borders. Since the Constitution says that this is a Federal power, states can't legally pass an immigration law.
Well, hell, it is all over with Holder in charge. You know like today we are not trying the terrorists in New York City and tomorrow we sure are.
Holder cannot determine constitutionality. Only the courts can do that unless he finds one he can force to do what he wants.
What happens if what you insist will happen doesn't happen? What if this causes thousands of those illegal aliens living in Arizona to migrate to Mexico or Mexifornia?
You people aren't even willing to argue what ifs, you just keep howling this will happen or that will happen with no proof at all of what will happen.
Arizona has the duty to protect their citizens. The murder of that rancher on his own land was the final straw.
What if the Feds find no fault in this law?
Then what?
Then, by God, la Raza and ACLU will try to influence the thinking of refried bean paintings to get them out in full force.
I wonder if the demonstrators can wait for the Supreme Court to get this case and get it decided. Somehow, I think they will lose steam waiting for that to happen. It is illegals out of Arizona the people of the state want.
I highly doubt that this law isn't going to be overturned.
I feel awful about a rancher being killed by an illegal. However, there are ways of protecting our borders, without stomping on our founding documents.
Are there ways to enforce existing law without having to pass a purely amnesty act for the 460,000 illegals in Arizona. Sure there are but the federal government has never attempted to instigate them and certainly won't do so now. Just pass the amnesty act and tell the people that the situation has been settled. That is about how Obama is really telling us it is, isn't it.
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