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Old 08-03-2010, 04:48 PM   #23
spence
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Quote:
Originally Posted by detbuch View Post
Jurisdiction is not an issue. Federal jurisdiction is not infringed. AZ law assists, does not usurp, the Federal Government in finding illegals. Actual guilt, not presumed guilt, is the target.
Not according to the Federal judge, who believe the AZ law interferes with the Feds ability to set and enforce a consistent policy.

That you disagree with that issue doesn't make it wrong, it's just an interpretation. I'm sure the higher courts will be chiming in soon.

Quote:
As JR says, the laws are not being properly enforced. Law without enforcement is law that does not exist. Normally, the Federal Government appreciates and encourages local assistance. It is, after all, so "overburdened." The AZ law actually makes the Federal law more meaningful by assisting in its enforcement.
I would think a Conservative would argue that the solution is better Federal enforcement, rather than additional legislation that will increase the size of government through State mandates which also may burden local law enforcement.


Quote:
There is no possibility that the AZ law can "usurp" Federal law. Any state law that did so (not possible) would be struck down. The AZ law "usurps" no Federal law, no Federal power, no Federal action. It "potentially" assists the Federal Government. There is no special targeting of legal citizens or legal aliens. They are all subject to the same law enforcement. Any "potential" discrimination that occurs from improper enforcement is subject to reverse suits and monetary compensation.
Interfering with Federal priorities and could be construed as the same thing. If the Feds want to focus on drugs, and the local Sheriff is rounding up a hundred day workers to hand over to ICE, you might just have a resource issue.

Quote:
It's based on the Federal Government doing what it is supposed to do, rather than the Government doing a piss poor, less than half-hearted, job, and then rejecting help to do what it seems incapable of doing. Which controversial elements? What the Federal Government is doing and not doing, is extremely controversial.
So the answer again is to focus on more stringent Federal enforcement which Obama appears to be doing.

-spence
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