Neither Can I

This morning, I heard Bill Handel on KFI say that the Arizona law, despite the fact that he liked it, was going to be struck down because it clearly preempts federal law, which has sole jurisdiction over immigration. I will note, for the record, that Bill Handel is often an idiot on the law, at least when it comes to Constitutional issues like this (he may be very good on the real-estate and litigation stuff, what would I know?).

Well, the Judge who is deciding the case can’t understand this argument. And I don’t think it’s because he’s stupid. As the second commenter notes (and far be it from me to sound cynical), we have to take seriously the possibility that the lawsuit was brought for purely political purposes, despite the fact that they have absolutely no legal case. Not to mention the fact that they completely ignore “sanctuary cities,” which do in fact preempt, and even interfere with, federal law, instead picking on a state that is simply helping them enforce it.

4 thoughts on “Neither Can I”

  1. There’s a tiny little federal law where the first line of defense is a zillion minimum-wage clerks without the slightest hint of “Preempting” the actual Secret Service Agents responsible for actually enforcement.
    And the entire concept of paper money would go down in flames if they weren’t.

  2. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    The Congress shall have Power … To establish an uniform Rule of Naturalization

    According to the constitution, immigration is a state issue. The constitution only talks about naturalization.

    OTOH, securing our borders is a national security issue.

    The Congress shall have Power … To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions

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