Thursday, July 29, 2010

Helpless Anarchy

Legal Insurrection on the decision to neuter Arizona's attempts to enforce federal law.

States have been left helpless to deal with the anarchy created by the failure of the federal government to enforce border security. Whereas yesterday it was unclear how far states (such as Rhode Island) could go, today states are powerless.

...

As a reader to my prior post points out, states already routinely run searches for a variety of statuses, including outstanding warrants, child support orders, and non-immigration identity checks. Each of these checks potentially could delay release of an innocent person or burden some federal agency.

The Judge's reasoning, particularly that the status check provision violated the 4th Amendment even as to persons already under arrest, applies just as easily to these other status checks.

With a federal government which refuses to take action at the border until there is a deal on "comprehensive" immigration reform, meaning rewarding lawbreakers with a path to citizenship, this decision will insure a sense of anarchy. The law breakers have been emboldened today, for sure.

As it stands this afternoon, it is perfectly rational for someone faced with the choice of obeying the immigration laws or not, to choose not to do so. The choice of lawlessness makes a lot more sense than spending years winding through the byzantine legal immigration system, because the end result will be the same but lawlessness gets
you here more quickly.

When the law and the federal government reward lawlessness, something
is very wrong.


The federal goverment is rewarding lawlessness, and preventing states
from as part of a plan to force " 'comprehensive' immigration reform".

And more thoughts from the "other" McCain.

Professor William Jacobson has a legal analysis, but the key point is that the interests of Arizona’s citizens (70% of whom favored the law) and the actions of Arizona legislators count for nothing in the 21st-century American regime, which is a de facto oligarchy where federal judges exercise unlimited authority. The interests of the elites who benefit from unrestricted immigration are the only interests that count. When Judge Susan Bolton was appointed by Bill Clinton 10 years ago, it was with the implicit understanding that Bolton would never thwart the interests of the Ruling Class.


A Ruling Class that ignores the will of the populace. Hmm... sounds familiar.

Goldberg ponders.

Just curious, what would Bolton's reasoning do to "sanctuary cities," "nuclear-free zones" and the like?

Well, that's different. Those subversions of Federal law are for the greater good.

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