What's next? State power to declare war on foreign nations? State bankruptcy courts?
U.S. high court appears to back Arizona on immigration
Reuters) - Conservative justices who hold a majority on the U.S. Supreme Court appeared to endorse Arizona's immigration crackdown on Wednesday, rejecting the Obama administration stance that the federal government has sole power over those who illegally enter the United States.
During 80 minutes of oral arguments, the justices suggested by their questions and comments that states have significant latitude to adopt laws that discourage illegal immigrants from moving to and staying in the country.
Justice Anthony Kennedy, who often casts the deciding vote, referred to the "social and economic disruption" that states endure as a result of a flood of illegal immigrants and suggested that states such as Arizona have authority to act.
Arizona two years ago became the first of half a dozen U.S. states to pass laws aimed at driving illegal immigrants out, including requiring police to check the immigration status of anyone detained and suspected of being in the country illegally.
Much more at
http://www.reuters.com/article/2012/04/25/us-usa-immigration-arizona-idUSBRE83O09N20120425Excerpts from the Constitution of the United StatesArticle VI, Clause 2
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, ]b]shall be
the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or
laws of any state to the contrary notwithstanding.
Article I, Section 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article I, Section 8
The Congress shall have Power......
<snip>
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
"an... rule of Naturalization-singular. Not one federal rule, plus anywhere from 1 to 50 state rules.
"uniform" again, one federal rule, not one federal rule, plus anywhere from 1 to 50 different state rules
Now, can states decide how to punish theft, even if an immigrant is the perp? Sure, unless and until the feds exercise their right under the Constitutional provisions cited above to say otherwise.
As far as checking the ID of anyone suspected being in the country illegally, short of catching someone tunneling in from Mexico or Canada, how do you come to "suspect" someone of not having been naturalized unless you profile, which is illegal?