State Nullification is Based on the Supremacy Clause
After considering the new, much maligned Arizona Immigration Bill, I have decided that it is appropriate and necessary.
After all, if the Mexican Army was to invade Arizona and try to take it as a Mexican providence, and the US Army was busily building our empire overseas, we would expect any remnants of the Arizona National Guard (any which have not been illegally nationalized for a foreign, undeclared war) to defend her sovereign territory wouldn’t we? Well this is really the same sort of issue.
The Federal Government is in charge (per the Constitution) for the common defense of the union, and they are similarly placed in charge of determining immigration laws. When they steadfastly refuse (or are unable, or incompetent) to fulfill those duties, it falls on the state government to step in and protect the security of their citizens.
America has been struggling with this issue at the federal level since I was a small child, and now it has become clear to the citizens of Arizona that they are incapable (or more likely unwilling) to enforce to laws already on the federal books. The state of Arizona is not (by virtue of her status as a State of the Union) in a suicide pact that requires her to take limitless slings and arrows of welfare state abuse and crime while the Federal Govt. looks on with disinterest.
National Defense
It is indeed hard to believe the stated purpose of the wars in the Middle East is sincere, when the Government refuses to secure our borders! After all, if they don’t know who is coming across the borders on a daily basis, how can they claim to be conducting war? In reality, the terrorists who were operating in Afghanistan could easily be in strategic cities in America by now and the Federal Government would be none the wiser, yet we claim to be conducting a “War on Terror” by invading foreign lands.
It really makes no difference if you were a cheerleader or a peace protester during the run-up to these wars, this doesn’t pass the laugh test. Imagine you have a terrible threat to your home- and to defend it, you leave your wife and children there, alone and unarmed……. to go beat the tar out of your neighbor (for a couple of years – while your home and loved ones are being ravaged). What we are doing is no less ridiculous.
Federalism
What Arizona is doing is actually the way a properly functioning federalist system works. If this law works for Arizona other states will follow, and unlike most issues- once a system arises that works well and is not overly intrusive, the Federal Govt. can follow on with federal legislation without the usual sticky issues such as “unconstitutionality.”
Civil Liberties
I would be remiss not to mention civil liberties. The legislation has been improved to specifically ban racial profiling, so it is simply a check on people who have committed a “primary infraction.” In other words, if you get pulled over for speeding they can check your immigration status, but you cannot be pulled over for “driving while brown.” Now that the law has passed……… being an Illegal immigrant is actually “illegal,” imagine that!
cross-posted from the Oregon Tenth Amendment Center
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Originally, I did not support the Arizona immigration law because I truly believed it opened the door to creating a "papers, please" society in Arizona. Forget racial profiling; as originally written, it could affected anyone and the thought of a taxfeeder shaking me down on the street because he/she suspected me of being illegal really irked me. Especially if I didn't happen to have proof of my legal residence, I can only imagine the horror of being falsely wrung through the System. Sheriff Joe's Tent City (read: concentration camp), need I say more? Regardless of states' rights, such a system should not exist and as a resident of Arizona the law originally gave me much concern. However, since it's been amended to address these very issues, my concerns have been allayed, and I am now open to seeing this law implemented in the fullest
Governor Brewer must activate the Arizona militia to back up this new immigration law, otherwise it is merely a handout to the prison-industrial complex. It does not make any sense to shake down illegal entrants in Arizona when the "door" is still left wide open for them to walk right back through after they've been deported. The next logical step for Gov. Brewer to take in Arizona is to get behind the Bring the Guard Home movement and ensure the adoption of such legislation. I believe she can also do this by declaring a state of emergency and demanding the National Guard be brought back to AZ, however, this might spook people, particularly the Feds, into doing something that will likely be stupid and well, maybe no "evil" as that may be too strong a word, but certainly detrimental to states' rights. If she succeeds in bringing the AZ National Guard home, she will have the resources available to secure Arizona's borders … all of them. However, according to state regulations regarding the militia (seehttp://www.azleg.state.az.us/FormatDocument.asp?i… the militia of Arizona consists of the National Guard, a State Guard, and the unorganized militia (which I take to mean any able bodied, armed citizen belonging to neither the National or State Guard). If Gov. Brewer is unable/unwilling to call the AZ National Guard back from the Middle East, then she, as Executive, needs to organize a State Guard with specific directives and use them to back up the recent immigration accord. I understand that members of the unorganized militia have taken some initiative on the border, such as the Minutemen, but they operate with no oversight and have been subject to investigations of vigilantism and human rights violations concerning illegal entrants. However, if Brewer were to create a State Guard, give it directives, and bring it under the control of the Arizona government, it can be regimented in a way that can be effective as well as humane in enforcing the law. That is the hope, anyhow. An Arizona State Guard could be raised and used to secure the freedom of the State of Arizona, pursuant the 2nd Amendment of the US Constitution.