AZ 1070 – Holder Sues the Wrong Entity

Arizona 1070 and the Supremacy Clause

A bit on the 14th Amendment as well…

               The Obama Administration has outdone themselves in their filing of a suit against the State of Arizona to stop Arizona from implementing their SB 1070 law on July 29th, 2010.  The law suit is NOT based on potential civil rights violations via “racial profiling” but rather on Article VI, Clause 21 of the US Constitution.  This clause basically asserts the following:

  • Federal Laws and Treaties are considered to be the “the Supreme Law of the Land“. 
  • Federal Laws and Treaties are the highest form of law in the American legal system.
  • Federal Laws and Treaties must be upheld in Federal and State courts.
  • Mandates that all State judges shall uphold Federal Laws and Treaties even if there are State laws or State constitutions that conflict with the powers of the Federal government.

The actual language of Article VI, Clause 2 is footnoted below.

There is also precedent In the case of Edgar v. Mite Corporation that helps to clarify this section of the Constitution.  The ruling on this case simply clarified the application of this section:

  • A State law should be deemed to be unconstitutional if:
    • If it is not possible for both a Federal Law and the State Law to be in compliance at the same time.
    • State Law impedes or is an obstacle to the execution of the Federal Law including the accomplishment and execution of the full purposes and objectives of Congress.

Arizona 1070, actually insures that the state nor any of its political subdivisions can impede the Federal Immigration statues.  The law reads: (my emphasis in bold)

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS

14               11-1051. Cooperation and assistance in enforcement of

15               immigration laws; indemnification

16               A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR

17               OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR

18               RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL

19               EXTENT PERMITTED BY FEDERAL LAW.

It goes on to say in Paragraph F.:

40               F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS

41               STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS

42               STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,

43               RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF

44               ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE

45               OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:

         Basically 1070 makes it ILLEGAL for the State of Arizona or any of its Political Subdivisions to enact laws or ordinances to limit the execution of the Federal Immigration Laws.  In short, it makes it illegal for any of it political subdivisions to CREATE SANCTUARY COUNTIES/CITIES. 

If this provision of the Constitution is the basis of the suit, Obama should be filing this law suit against SANCTUARY CITIES, not the state of ARIZONA 

Since Sanctuary Cities began cropping more than 40 years ago,

NO PRESIDENT OR GOVERNOR HAS TAKEN STEPS TO DECLARE THIS DESIGNATION AS UNCONSTITUTIONAL AND TAKE ANY STEPS TO INSURE THAT FEDERAL IMMIGRATION STATUTES ARE BEING ENFORCED BY LOCAL LAW ENFORCEMENT.

Arizona’s 1070 does not IMPEDE the execution of Federal Immigration Law; it does support, not detract from, the accomplishment and execution of the full purposes and objectives of Congress when the Immigration laws were passed. 

               Even if our esteemed AG (i.e. Obama) wanted to hang his tattered hat on the 14th Amendment, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.“, Arizona 1070 only further supports the Federal Immigration Statutes and the 14th Amendment protections for US citizens as it does not “abridge any privileges or immunities of CITIZENS of the United States…

In order to be consistent with the Constitution and the 14th Amendment, and to carry out the intent as well as the letter of the Immigration Law, Eric Holder should have Sued OBAMA, not Arizona!

Alas, I am not a graduate of Harvard Law School.  I have actually read the constitution and believe it means what it says…

RD Pierini

1 “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, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

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