Saturday, April 24, 2010

CRASH: "Irresponsible" AZ Commits Democratic Self-Preservation...Obama Wept

Stepping back from the abyss, and taking a small step toward sanity and self-preservation, Arizona...using that democracy thingy...passed a very durable, measured law respecting unlawful invasion.  Obama wept.

There has been a GREAT deal of weeping, wailing, and gnashing of teeth over the passage of this new law.  A LOT of hyperventilation, much of it committed by our nominal president, who called it "irresponsible", "misguided", and prone to "undermine basic notions of fairness that we cherish as Americans".  Just how the poster boy child for irresponsible, misguided government sets himself up to pass judgment on a state law enacted by a democratically elected legislature using "notions of fairness we all cherish as Americans" was unclear.  The bitter irony of a sitting president slamming state legislation in those terms was VERY clear.

You will have read or heard various legal-sounding nonsense from the collective.  Obama immediately set the DOJ dogs loose, using the Chicago response to rational legislation; "Say, nice little state treasury you have there...".  I don't think Arizona has too much to worry about, based on the stupid legal "arguments" suggested so far.

I have read the law.  I am an attorney.  It is a very carefully drafted law.  It is apparent that it is intended to be very carefully unforced.  If it is, it will survive.

Let's look at some of the nonsense out there first--
"It's going to change our lives," said Emilio Almodovar, a 13-year-old American citizen from Phoenix. "We can't walk to school any more. We can't be in the streets anymore without the pigs thinking we're illegal immigrants."
 This is not atypical.  This poor, stupid punk has been fed a line of crap by people he makes the mistake of listening to; they lied, of course.  Young Emilio's life will not change; he will not be unsafe walking to school.  Nobody is going to keep him off the streets, although they certainly SHOULD (it should be his parents, but we'll leave that for another day).
Mexico has warned the proposal could affect cross-border relations. On Thursday, Mexico's Senate unanimously passed a resolution urging [Arizona Governor] Brewer to veto the law.
Gov. Brewer declined to obey the Mexican Senate, preferring to do what the vast majority of Arizona citizens told her they wanted done.  Presumably, Arizonans WANT cross-border relations affected...and for the better.  Mexican pols really, really do not.  What Mexican legislators do want...and they have done this VERY for their own borders to be secure.

"Police in Arizona already treat migrants worse than animals," said Francisco Loureiro, an activist who runs a migrant shelter in the border town of Nogales, Mexico. "There is already a hunt for migrants, and now it will be open season under the cover of a law."
This is a personal favorite, I must admit.  If illegal imMIGRANTS are treated worse than animals, they sure would not be risking life and limb...and lots of come to Arizona.  So we know that part is a lie.  Yes, Senor Loureiro, there is a hunt for people coming into this country against its laws...sort of...  Now, the state of Arizona is adding another law to the mix, but NOTHING NEARLY AS HARSH AS THAT OF YOUR NATION.
The Mexican American Legal Defense and Education Fund said it plans a legal challenge to the law, arguing it "launches Arizona into a spiral of pervasive fear, community distrust, increased crime and costly litigation, with nationwide repercussions."
Oopsie, MALDEF...too late!  All THAT stuff is why the legislation was passed.  If anything, it should "LESSEN a spiral of pervasive fear, community distrust, increased crime and costly litigation, with nationwide repercussions" respecting Arizona.  At the same time it damages your corrupt organization!  Bonuses all around!  Of course, La Raza (The Race) was pissed, too.

I heard an ACLU bimbette intone something about "immigration being a uniquely Federal issue".  Balls to that.  Admiralty law is EXPRESSLY a Federal question; but just about every state with navigable waters has their own admiralty law, too.  Supremacy doctrine does not prohibit COLLATERAL or SUPPLEMENTAL state law; just CONFLICTING law.  Arizona's drafting INCORPORATES Federal statutes.

Nor does Arizona intend to do what ICE does...deportation.  It will refer illegals for deportation by ICE.  Under its statute, it will fine and incarcerate illegal aliens, people who employ them, etc.  That isn't in conflict with the feds.

The one...and in Arizona's road to sane immigration policy is CIVIL RIGHTS litigation.  That one is really very easy.  If EVERY stop by Arizona peace officers involves a simple question...regardless of who is stopped...about immigration status, there will never be a successful challenge to this new law.

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