Wednesday, June 23, 2010

A Nation of Laws

The issue of Illegal immigration has been, is and will be with us for some time. The immigration now in question is by people of Hispanic ancestry primarily from Mexico and most often by way of Arizona. I’ve heard arguments from both sides in the summation of their complaints, a bit more vociferously from the get tough people, and agree with each that our immigration problem is serious and deserves high priority. It’s the solutions that I question.
 
I’ve heard little detail about this from the “bleeding hearts” other than their saying that the lure of sub minimum wage jobs provided American business is the problem and should be prohibited, a valid point. But I don’t believe that this is the sole cause of the problem or that prohibition could be enforced any better than the sanctity of the border. On the other hand I am in complete disagreement with the legislation enacted by the State of Arizona. I find abhorrent the idea of deporting citizens, legitimate by virtue of our Constitution, or of forcing their parents to abandon them.
 
While arguable disagreements exist over the effectiveness of proposed solutions it seems, to this lay person and I believe to impartial jurists, that the Arizona action is purely and simply unconstitutional. I’m amazed that so little has been said about something this obvious. Illegal immigration is a violation of federal law and, as such is properly enforced by federal authorities. The U.S. Government may order assistance from the states in enforcing its laws, as it often has. This has been the case with State National Guard troops in Iraq and Afghanistan. (A credible argument can be made that these groups comprise the “well regulated militia” the writers of the Second Amendment had in mind) The idea that a state can unilaterally decide when federal law has been broken and, in the absence of federal approval, when and how to enforce it, seems patently absurd.
 
Evidently the Obama administration thinks so because it has declared its intention to challenge the Arizona law, and presumably that of any state taking similar action. The merits of this law can be argued as a practical matter, but not as a legal one. We are supposed to be a country of laws, even when they conflict with our opinions. In proper Bronx English my advice to advocates of the Arizona law is to fuggedabadit!
 

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