SB1070 SCOTUS RULING
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COMMENTARY
by James A. Bridge
We have work to do...
The recent Supreme Court ruling on SB1070 tells us much about our National Government, and how much work we have to do to save our country.
[Mark Levin during his radio show of June 25th concurred: this Court is dismantling federalism, and disarming all of the powers states were promised in the Constitution. Click here to go to the Mark Levin Show page about this.]
Our first alarm was the majority ruling by Justice Anthony Kennedy. He has long been a voice for big brother bureaucracy and Super-sized Uncle Sam. His ruling here is no exception. Scalia, Thomas and Alito departed from the majority, and Kagan abstained, but Chief Justice Roberts formed a majority that would otherwise have been deadlocked at four to four.
Et tu, Roberts?
Scalia in particular penned a strident rebuke to this ruling, that only begs further scrutiny of Robert's motives. Chess moves related to Obama Care? Wheels within wheels? Who knows. But this is a terrible ruling, and will force even more work upon Conservatives, Federalists and Constitutionalists to rescue this nation and our American political culture from Statists.
This ruling lightly slaps the hands of Federal attorneys for bringing this action before it had actually gone into effect; we turn that howitzer back around at Justice Kennedy, and ask, why did you then grant certification? Answer: they should have declined to hear it. Yes, it was pointed out to me by a Constitutional lawyer, the Supreme Court was answering the very premature injunction of the rogue Federal 9th Circuit Court. Still, the Court could have ruled to lift the injunctive restraints of SB1070 without prejudice.
Instead, we are left with the following: The Supreme Court of the United States has ruled that state governments do not have the right to stop and expel an illegal alien upon suspicion of being such!
Further, Kennedy argues that Congress has created a "sovereign power" to control illegals that supercedes the States' powers to protect its citizens:
Federal law makes a single sovereign responsible for maintaining a comprehensive and unified system to keeptrack of aliens within the Nation’s borders. If §3 of theArizona statute were valid, every State could give itself independent authority to prosecute federal registration violations, “diminish[ing] the [Federal Government]’s control over enforcement” and “detract[ing] from the ‘integrated scheme of regulation’ created by Congress.” Wisconsin Dept. of Industry v. Gould Inc., 475 U. S. 282--page 14.
And, further, Kennedy writes, an illegal alien may legally be in the United States!
As a general rule, it is not a crime for a removable alien to remain present in the United States. See INS v. Lopez Mendoza, 468 U. S. 1032, 1038 (1984). If the police stop someone based on nothing more than possible removability, the usual predicate for an arrest is absent. When an alien is suspected of being removable, a federal official issues an administrative document called a Notice to Appear. See 8 U. S. C. §1229(a); 8 CFR §239.1(a) (2012). The form does not authorize an arrest. Instead, it gives the alien information about the proceedings, including the time and date of the removal hearing. See 8 U. S. C. §1229(a)(1). If an alien fails to appear, an in absentia order may direct removal. §1229a(5)(A).
--page 19
Our hope lies in the fact that level heads like Scalia ask the burning questions of the majority, and again, in that question is a indictment of the Chief Justice:
So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?
A good way of answering that question is to ask: Would the States conceivably have entered into the Union if the Constitution itself contained the Court’s holding? Today’s judgment surely fails that test.--page 50
At the Constitutional Convention of 1787, the delegates pursuing the preservation of State power in the face of the proposed new National Power would have "rushed to the exits," and let that power never see light of day.
Well, here is our new dawn: A Supreme Court which can look its citizens in the eye, and peruse its grand History, and think that it could say with impunity that States have no right to interfere with illegal aliens in their midst, and that the one "sovereign power" National Government states an "illegal alien" isn't necessarily even "illegal."
That is what happened today, June 25th, 2012.
Hear Us Now USA Inc. urges you to be a loud voice against this today, and every day for the rest of our lives, or the political culture our Forefathers fought for in that Constitution will perish in not decades, but in MONTHS.
Click here to donate to Hear Us Now USA's mission to reverse this trend.
Heads up thanks to the Conservative Byte!