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.