Why say it's "unconstitutionally"

[pkz]

ok....I get the controversial decision in Arizona but why would anyone call it "unconstitutional"

How do constitutional rights even apply to an illegal?

[BlooInBloo]

1. (facepalm)

[Gold Metal Flake]

3. (nuclear facepalm)

[truebrit71]

11. (nuclear facepalm+10000000000)

..

[Lord Helmet]

18. (facepalm) with a side of oy

[TexasObserver]

2. Why start a thread when you could ask the person who used it?

If you want to know why someone posted something on a thread, ask them on that thread.

[Xipe Totec]

4. Can I see your papers, please?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x458296

[pepperbear]

5. oh, so everyone they may stop and demand papers of is an illegal? really? n/t

[Hosnon]

6. It's not an individual right that the Constitution is the Supreme Law.

In other words, the "right" to have our laws not be in conflict with the Constitution is not an individual right. It's simply a principle established by the Constitution.

[WeDidIt]

7. Two unconstitutional points right off the bat

#1 Race can be a factor in determining whether an officer can suspect somebody of being undocumented. Clearly a violation of the 14th amendment.

#2 Determination of status within the US is the sole jurisdiction of the federal government

[elleng]

8. 'The Bill of Rights applies to EVERYONE,

even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)'

http://www.slate.com/id/1008367/

Where in WV are you, pkz? (Daughter studying at WVU.)

[RC]

16. Beat me to it by about 10 minutes! -- or whatever...

I swear the ignorance around here sometimes rivals a Right wing web site sometimes.

[elleng]

17. Nothing like 'words and phrases!'

Not ignorance, I think, but study of law is not simple, often counter-intuitive, and most don't take the time to understand. I do spend a fair amount of time here explaining, trying to explain, or deciding not to bother.

As you've said, 'Our greatest danger of extinction comes from those that think the rules do not apply to them.'

[divvy]

9. How do you know they are illegal until AFTER they violate YOUR rights?

[BlooInBloo]

15. If they wanted to have rights, they would have birthed themselves with white skin

the way Gawd intended!

[MissB]

10. Because as someone pointed out on another thread,

it isn't illegal for a citizen of this country to wander about NOT carrying identification. It isn't illegal for a citizen of this country to NOT talk to police.

So.... some 3rd generation citizen of Mexican descent gets pulled off the street because she LOOKS illegal? And she isn't carrying her drivers license, because she's just out for a jog. And yet her jogging partner - some blue-eyed blonde - doesn't get pulled off the street, because she appears to be a citizen.

Americans have this thing called the US Constitution. Here's nice amendment (#4, one of ten in the Bill of Rights):

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It used to be that Americans hated the Polish immigrants. Now it is the Mexican immigrants.

[nuxvomica]

12. The most obvious consitutional challenge is in Article 4

Only the federal government can make immigration law. Beyond that, there are probably genuine challenges in the Fourth Amendment and the Fourteenth Amendments as well. This is a law that probably violates the Constitution in a variety of ways.
But why characterize it as "controversial"? Controversy can only arise when there are reasonable arguments on both sides. I see no reasonable argument for this law.

[ncteechur]

13. equal protection

[paulsby]

14. because constitutional rights (in the USA) still apply to illegal aliens. which aint true in mexico

in mexico, it's a 2 yr felony to enter the country unlawfully

aliens cannot participate in writing letters to the editor, political campaigns, etc. (that holds true for LEGAL aliens)

even citizens NOT born in mexico are severely restricted. they can't be cops, or hold positions in the military, etc.

in the US, we still recognize that people here unlawfully have rights to be free from unreasonable search and seizure, etc.

[Kurt_and_Hunter]

19. Read the constitution

14th Amendment Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Some rights are not only for citizens.

[spanone]

20. and. how. do. you. know. they. are. illegal. eh?. assume?. brown. skin.