by chris | Jul 8, 2010 | Alan Colmes, Arizona, Constitution, Federalist, Hahn, Immigration, Justice, Scalia, Standing
Was on with Alan Colmes today, had a blast talking about immigration and Lebron James….
So the Conservatives are claiming that the US Dept of Justice’s failure to challenge the Arizona law on racial profiling grounds means that the law will not cause racial profiling. Let me give them a Con Law 101 lesson (which they are well aware of but they are counting on the public to keep eating whatever they feed them)
The Arizona Law does not take effect for 2 weeks. For the DOJ to bring a case on profiling they would need a victim who has been profiled under this law to have STANDING. Standing is required to bring a case unless the law violates the Supremacy Clause of the US Constitution, in which they can bring a preemptive challenge before the law takes effect. That is what they did here.
Immigration is within the preview of the Federal Government. The United States Constitution is absolutely clear about this. I find it hilarious that all these members of the Federalist Society are running around pretending that the states have the right to legislate here. One of the main reasons we abandoned the Articles of Confederation in the 1780’s was to have a unified policy on immigration and commerce.
Do we need comprehensive immigration reform. Yes! Is this the way to get it. No, but it sure has got everyone talking about it. Like I said yesterday, its an election year and I would be shocked if real reform happens this year. Piecemeal actions by individual states, however, will only make the problem worse. The courts will not allow it. Even Justice Scalia will vote this law down.
by chris | Jul 2, 2010 | Constitution, Founding Fathers, Happy 4th of July, Knicks Lebron, Showtime, Tudors
Well its my second day blogging and I am writing one of those I probably wont be posting for a few days posts. Its the 4th of July weekend and things will probably be slow unless Lebron signs with the Knicks… But before I sign off to go BBQ etc a word about our founders.
For the past year or so there has been a group of people running around this country claiming to know what the founders thought when the embarked on the “great experiment” that became our nation…. Let me say this in no uncertain terms they have ignored a basic reason as to why we have a Constitution. The Constitution created by Madison, Hamilton, Jay and the other founders is a living breathing document designed to expand federal power. It took power away from states and local government and handed it to the feds. The reason for this was simple, the patchwork of laws created under the Articles of Confederation made it all but impossible to do business in the United States and one thing all the founders had in common was they wanted to do business.
So those people running around with tea bags stapled to their hats are greatly mistaken. The founders wanted the federal government to take a strong hand in commerce. Energy, banking and healthcare make up a large part of our economy. The federal government should create policy in those areas. We can disagree on what exactly the feds should or shouldn’t do but it’s the job of Congress and the President to set policy in these areas. A favorite chant of the tea-party set is to call President Obama and Congress Tyrants… Calling elected officials tyrants because they are doing what they said they would do when they were elected show a complete lack of understanding for what a tyrant is. They really should have watched the Tudors (Henry the VIII now he was a Tyrant (or maybe just a Despot but the show was great))or check out the definition at dictionary.com
