Immigration Ruling Nixes State Sovereignty; Americans Have No Recourse When President Disregards the Law

The Washington Times (Washington, DC), July 3, 2012 | Go to article overview

Immigration Ruling Nixes State Sovereignty; Americans Have No Recourse When President Disregards the Law


Byline: Tom Tancredo, SPECIAL TO THE WASHINGTON TIMES

The Supreme Court twice last week abandoned the Constitution to give new powers to the federal government and the Obama administration. The question for conservatives and patriots is: What can be done about it?

In Monday's Arizona ruling, the majority opinion, written by Justice Anthony M. Kennedy, creates a totally novel and illogical doctrine of federal pre-emption. In Thursday's Obamacare ruling, Chief Justice John G. Roberts Jr. goes through unprecedented contortions to effectively rewrite the Patient Protection and Affordable Care Act as a taxation measure, not an unconstitutional expansion of the commerce clause.

It will strike many Americans as especially noxious and foolhardy to give Attorney General Eric H. Holder Jr. and his Justice Department lawyers such broad discretionary powers of law enforcement when Congress is moving toward removing him from office.

There also is a weird irony and alarming disconnect at play when the Supreme Court says the executive branch may defer to the feelings and interests of foreign governments in enforcing our immigration laws at the same time the Justice Department is under investigation for running an arms-smuggling operation in flagrant violation of Mexico's sovereignty.

The Arizona ruling is overshadowed by the more far-reaching Obamacare ruling, but it has implications far beyond immigration law. That ruling looks into the constitutional history of pre-emption doctrine and discovers new territory never mapped before. States are forbidden not only to enact laws that go against federal law in the realm of immigration, but to enact laws that are totally consistent with federal law and, in fact, support and enhance federal enforcement.

According to the Supreme Court's ruling, the federal government is justified in not enforcing a law - and forbidding a state government from such enforcement as well - if its enforcement might trespass on the federal government's foreign-policy interests. This doctrine opens up a huge can of worms for law enforcement generally, and not just immigration law enforcement.

Mexico and other nations in the people-export business are objecting to enforcement of U.S. immigration law because it adversely affects Mexican nationals living unlawfully in our country. The Supreme Court says this is a legitimate concern of the federal government and therefore a legitimate reason to not enforce laws. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Immigration Ruling Nixes State Sovereignty; Americans Have No Recourse When President Disregards the Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.