Wednesday, July 7, 2010

U.S. Federal Government vs. AZ; A Constitutional Failure…

Does the United States Federal government have the authority to sue Arizona for passing a law regarding illegal immigration? Yes, because it is one of the specific responsibilities given to the feds by our constitution. Will they win? No, because the reason Arizona had to pass a law on illegal immigration was the fact that the federal government has failed to protect the U.S border against illegal entry. That illegal entry is impacting the state of Arizona to a point that the state legislature and governor would be irresponsible if they didn’t take the steps necessary to protect their citizens.

The lawsuit is actually upside down. Arizona would have been on much firmer ground to sue the federal government. The responsibility falls on the federal government to protect the border and control illegal immigration, and they have failed miserably. And it is not just this administration. This has been a problem for too many years and it is time to end this debacle. We have American citizens being killed and threatened by foreigners and the government stands by and does nothing.

If a Chinese ship pulled up to Boston Harbor filled with Chinese soldiers and shot an American dead, what would the federal government’s response be? I’m not sure anyone these days could answer that. At one time it would have been easy to say we would destroy the ship, the soldiers, and possibly declare war. Today we have lost that survival instinct, pride, and national spirit at the federal political level. So what are we to do as states and citizens?

The constitution is clear, we are a republic, and the states are independent of the federal government to take action on their own on. So when the federal government fails in its responsibilities it is incumbent upon the states and citizens to act. That is what Arizona has done. There has been talk about the “Supremacy Clause” and the idea that federal laws trump state laws. That is only true when the laws that are created at the state level conflict with the constitutional duty of the federal government. That is why in the case of Arizona, the federal government has the authority to sue. The fact that they have the audacity to sue shows their arrogance and disrespect for the constitution and the people of the great state of Arizona.

The Arizona law does nothing unconstitutional. It is simply a reaction to the federal government being out of compliance with the constitution. The Obama administration should be ashamed and embarrassed of themselves that Arizona had to step up and do the federal government’s job, but shame is beyond this group, and embarrassment is not a trait that trumps arrogance.

The U.S. Constitution is the document that defines the limited powers of the federal government and when there is no specific reference to an issue in the constitution the tenth amendment kicks in. Today our government has been turned upside down from its intended form which was to keep the control of government close to the people and away from a central authority. No other sentence in the constitution says it more clearly than the Tenth Amendment;

“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 reason the federal government is suing Arizona is because they themselves have failed to protect the border. That doesn’t make sense but that’s what happens when we drift from our founding principles. Nothing makes sense…


Benito said...

I hope that every American, regardless of where he lives, will stop and examine his conscience about this and other related incidents. This Nation was founded by men of many nations and backgrounds. It was founded on the principle that all men are created equal, and that the rights of every man are diminished when the rights of one man are threatened. All of us ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated, but this is not the case.

I know the proponents of this law say that the majority approves of this law, but the majority is not always right. Would women or non-whites have the vote if we listen to the majority of the day, would the non-whites have equal rights (and equal access to churches, housing, restaurants, hotels, retail stores, schools, colleges and yes water fountains) if we listen to the majority of the day? We all know the answer, a resounding, NO!

Today we are committed to a worldwide struggle to promote and protect the rights of all who wish to be free. In a time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics and do what is right, not what is just popular with the majority. Some men comprehend discrimination by never have experiencing it in their lives, but the majority will only understand after it happens to them.

Rich said...

Protecting the law of the land is the government's top priority. By not enforcing our laws and our borders we undermine the rights of every legal American. Our constitution is the United States constitution and although we can agree that all men are created equal, all governments are not...