[Vision2020] The 2008 Legislature and SB1427 - When Idaho Gave a Damn

Wayne Price bear at moscow.com
Mon May 24 15:41:50 PDT 2010


Yes Mr. Hansen, I am sure.

Strongly urge you to read the ENTIRE  AZ law, particularly  Article 8,  
11-1051 in it's entirety.

All the AZ law does is incorporate the current federal laws into state  
law.

The Supreme Court has stated clearly and often that the U.S.  
Constitution gives Congress “plenary power” over immigration policy,  
meaning that Congress has virtually unlimited authority to regulate  
immigration into the United States. The Supremacy Clause of the  
Constitution says that federal law supersedes conflicting state law.  
In immigration matters, the courts have consistently held that this  
means that states may enact immigration-related laws that go as far  
as, but no further than, duly enacted federal laws, except in areas  
where Congress has specifically preempted state action. (The primary  
example of Congress preempting state action is 8 U.S.C. 1324b(h)(2),  
which prohibits states and localities from “imposing civil or criminal  
sanctions (other than through licensing and similar laws) upon those  
who employ, or recruit or refer for a fee for employment, unauthorized  
aliens,” which is why states and localities must tie E-Verify mandates  
to the issuance of business licenses.) Congress has not preempted  
state or local action regarding any of the federal laws that the new  
Arizona law seeks to enforce, so long as the state law goes no further  
than existing federal law. The Arizona law was drafted meticulously to  
ensure that it complies fully with the U.S. Constitution and with  
federal immigration laws.





-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20100524/d3e17b39/attachment-0001.html 


More information about the Vision2020 mailing list