Arizona Immigration Ruling–Direct Assault on State Sovereignty

KrisAnne Hall
6/25/2012

>Never has a ruling by the Supreme Court been more aptly titled as an “Opinion,” because that is exactly what Justice Kennedy and his cohorts have delivered in Arizona v. United States.  It is nothing more than an open display of judicial activism.  The majority opinion is not a legal explanation on the Constitutionality of Arizona’s laws, but is an ideological dissertation on this current administration’s view of immigration.

Not only is this ruling devoid of any appeal to the Constitution, it is very dangerous.  It is an aberration of fundamental Constitutional principles and a brazen assault on state sovereignty!  Chiefly, Kennedy takes the Supremacy clause of the Constitution, which declares that the Constitution is the supreme law of the land, and translates that principle into the supremacy of the Federal government over the states.  There couldn’t be anything more contrary to our founders’ intent.   Let me repeat: this opinion is a monumental assault on the sovereignty of the states.

Article I section 8 clause 4 of the Constitution states that Congress has the power [t]o establish an uniform rule of naturalization.  The purpose of the federal government in the case of immigration, as Justice Kennedy appropriately acknowledges is “to be a single voice of the nation for foreign relations.”

This external focus is in line with James Madison’s directive that:   “The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace negotiation, and foreign commerce…”

Indeed, we must have a single rule of law regarding immigration, else foreign nations will never know what to expect from state to state.  However, this is where Kennedy’s constitutional understanding ends.  He continually remarks throughout this opinion, that the states are not only not allowed, but not capable of enforcing the laws that the federal government codifies.  What is his authority for this opinion?  Not the Constitution itself and certainly not the founders.

Kennedy does not appeal to the Constitution as the standard, but rather the “broad discretion of immigration officers” as the determining factor of how immigration policy should be devised and carried out.  He says, “Removal is a civil matter, and one of its principal features is the broad discretion exercised by immigration officials, who must decide whether to pursue removal at all.”   The standard for deportation of an illegal immigrant is NOT the law, according to Kennedy, but an arbitrary determination of the Department of Homeland Security, which we all know will reflect Obama’s recent declaration.

Kennedy suggests that the states must submit to lawlessness based upon the whim of federal officials, declaring,“Were §3 to come into force, the State would have the power to bring criminal charges against individuals for violating a federal law even in circumstances where federal officials in charge of the comprehensive scheme determine that prosecution would frustrate federal policies.”…

…Ignoring nearly two centuries of the individual state’s role in making these decisions (as outlined cogently in Scalia’s dissent), Kennedy cuts through one of the pillars of the Republic, state sovereignty, like a buzzsaw.   He tramples the separation of powers and wholeheartedly supports just one more example of the executive branch stealing power from Congress.  Any hopes that Congress will do anything about it? …

…In one decision, the Supreme Court has told every state, they do not have the authority to protect themselves; they must submit to the supervisory authority of the Federal Government and the Supreme Court supports the president’s recent directive to DHS…

 

The complete article is at KrisAnne Hall’s blog.

KrisAnne Hall is an attorney and former prosecutor, fired after teaching the Constitution to TEA Party groups – she would not sacrifice liberty for a paycheck. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor’s wife and a patriot. She now travels the country and teaches the Constitution and the history that gave us our founding documents.

On her Facebook page last night KrisAnne announced that she has been asked to become a contributor to The Blaze.

Related: Megyn Kelly forced to correct Dem. guest on Arizona immigration law…multiple times

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