Thursday, July 15, 2010

Arizona's Immigration Law

E-Mail to Congress:

This is a U.S. Constitutional approach to Arizona's controversial immigration law. Sections of the U.S. Constitution and an Amendment are quoted. Each quotation is designated by ". Each of my comments is designated by [.

The Constitution of the United States
Article I - The Legislative Branch
Section 8 - Powers of Congress
[There are 18 specified powers of Congress, none of which pertain to immigration.]
Section 9 - Limits on Congress
"The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person."
[This implies that in the years 1808 and later, Congress may establish immigration laws. However, it is not among the specifically designated 18 Congressional Powers.]
Amendment 10 - Powers of the States and People.
"The powers not delegated to the United States [federal government] by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
[Since the Power to control immigration is not among the 18 designated Powers of Congress and is not prohibited to the States by the Constitution, each State may make and enforce its own immigration laws].

If this case comes to the US. Supreme Court and the above arguments are refuted, we should consider another aspect of the Constitution.
The Constitution of the United States
Article II - The Executive Branch
Section 1 - The President
Section 3 - State of the Union, Convening Congress
"He [the president] shall take Care that the Laws be faithfully executed." [If the Supreme Court declares the U.S. Congress immigration law to be valid, the President can be charged with dereliction of duty in not enforcing Congress' immigration law.]
[A President may be impeached if he commits "High Crimes and Misdemeanors". One definition of "High" in the legal parlance of the 18th century means "against the State". A high crime is one which seeks the overthrow of the country, which gives aid or comfort to its enemies, or which injures the country to the profit of an individual or group. In democracies and similar societies it also includes crimes which attempt to alter the outcome of elections.]
In not enforcing Federal Immigration Law, the President can be accused of attempting to alter the outcome of elections.

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