by Ray Newman, radio and television commentator, attorney, educator, author

Thursday, July 29, 2010

A COUNTRY OF LAWS?

Yesterday's decision by Federal District Court Judge Susan Bolton one in the Arizona immigration law case, is a dangerous and horrendous one, and symptomatic of the escalating decline in respect for the law in our country. The decision is seemingly rooted in political ideology rather than judicial principle.

Judge Bolton forbids Arizona police from inquiring into an individual's legal status to be in this country, even when he is being interrogated in regard to, and suspected of committing, another crime. To protect its citizens from rampant crime, including human and drug trafficking and violence being committed by illegals, Arizona passed a law parallel to the federal law which Pres. Obama has steadfastly refused to enforce. Her rationale, allegedly, is that immigration questions are solely within the province of the federal authorities.

The Constitution grants Congress the power "to establish a uniform rule of naturalization". First, it is not been shown that all illegals seek to be naturalized. Second, if the entire immigration issue does fall within the authority of the federal government, there is nothing in the Constitution that prevents a state from seeking to fulfill its responsibility to protect its citizens by upholding federal laws. States do so all the time when they work closely with the feds in interstate crime cases, kidnappings, terrorist-related cases, etc. And no sensible reason for them not to do so in immigration matters. Under Arizona's law, those found to be in the country illegally are to be turned over to federal authorities.

Illegals are committing crimes in Arizona that certainly do fall within the province of Arizona authority. To restrain its police officers from fully questioning suspects, is to tie its hands to the endangerment of its citizens.

America is at war. The President refers to it as a "war of containment". Soldiers complain they are asked to risk their lives and to fight with one hand tied behind their backs. Sound familiar? The President's policy is to seek to contain our sworn enemy, the Taliban, to countries outside our own. How in heck does he propose to do so when he chooses to leave our borders wide open for terrorists to enter with impunity...and with increasingly dangerous weapons?

The liberals' rantings that the Bolton decision is correct because "we don't want to violate the Constitution, do we?" is hypercritically laughable. They avidly support the President's violation of the Constitution when he refuses to enforce federal immigration laws, as he is Constitutionally required to do, and when he fights a war that has not been declared a war by Congress, as it is Constitutionally required to be.

The President is succeeding in destroying the safety of America. That is the only way in which he is succeeding.

Wanna bet who the President's next nominee to the Supreme Court will be?

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