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The Constitution & The Judicial Branch Discuss Blocking Parts of Arizona Law, Justices Allow Its Centerpiece at the Political Forums; Blocking Parts of Arizona Law, Justices Allow Its Centerpiece WASHINGTON — The Supreme Court on Monday delivered a split decision ...

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Old 06-25-2012, 03:01 PM
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Default Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

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WASHINGTON — The Supreme Court on Monday delivered a split decision on Arizona’s tough 2010 immigration law, upholding its most controversial provision but blocking the implementation of others.

The court unanimously sustained the law’s centerpiece, the one critics have called its “show me your papers” provision. It requires state law enforcement officials to determine the immigration status of anyone they stop or arrest if there is reason to suspect that the individual might be an illegal immigrant.

The justices parted ways on three other provisions. Justice Anthony M. Kennedy, writing for five members of the court, said the federal government’s broad powers in setting immigration policy meant that other parts of the state law could not be enforced.

“The national government has significant power to regulate immigration,” Justice Kennedy wrote. “With power comes responsibility, and the sound exercise of national power over immigration depends on the nation’s meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse.”

“Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermine federal law,” Justice Kennedy added.

The decision was a partial victory for the Obama administration, which had sued to block several parts of the law.

In a statement released later on Monday, President Obama said that he was "pleased" with the Court's decision to strike down some aspects of the law, but he voiced his concern about the remaining provision.

"I agree with the Court that individuals cannot be detained solely to verify their immigration status. No American should ever live under a cloud of suspicion just because of what they look like," Mr. Obama said. "Going forward, we must ensure that Arizona law enforcement officials do not enforce this law in a manner that undermines the civil rights of Americans."

Monday's ruling was a partial rebuke for state officials who had argued that they were entitled to supplement federal efforts to address illegal immigration.

The administration’s legal arguments were based on asserted conflicts between the state law and federal immigration laws and policies. The question for the justices, then, was whether federal immigration law trumped – pre-empted, in the legal jargon – the state efforts.

http://www.nytimes.com/2012/06/26/us...ors_picks=true
A partial victory for sovereignty..
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Old 06-25-2012, 03:07 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

The underlying reason for both the blocked and allowed parts of the law hasn't changed...Arizona did this because the federal government REFUSES to do its job...
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Old 06-25-2012, 03:15 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

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Blocking Parts of Arizona Law, Justices Allow Its Centerpiece



A partial victory for sovereignty..
And a partial victory for human rights

Actually, I thought the ruling was a good one.
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Old 06-25-2012, 03:24 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

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The underlying reason for both the blocked and allowed parts of the law hasn't changed...Arizona did this because the federal government REFUSES to do its job...
Yup and that's been true for decades.
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Old 06-25-2012, 03:25 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

If the federal monkeys refuse to do their job of deporting trespassers, the local governments need to. Ms Incompetano, shut the hell up.
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Old 06-25-2012, 03:28 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

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And a partial victory for human rights

Actually, I thought the ruling was a good one.
The upheld requirement for state law enforcement officials to determine the immigration status of anyone they stop or arrest if there is reason to suspect that the individual might be an illegal immigrant made my day...
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Old 06-25-2012, 03:32 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

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The upheld requirement for state law enforcement officials to determine the immigration status of anyone they stop or arrest if there is reason to suspect that the individual might be an illegal immigrant made my day...
I thought that was reasonable enough.
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Old 06-25-2012, 04:59 PM
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Post Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

“Allowing its centerpiece”?
I guess I had a different idea on what the “centerpiece” was because I see this ruling effectively neutering the Arizona law.
Another article spells out the components…
Quote:
The part of the law the justices upheld requires police officers stopping someone to make efforts to verify the person’s immigration status with the federal government.
*
The justices struck down three other parts of the law:
*•One making it a crime for an illegal immigrant to work or to seek work in Arizona;
*•One which authorized state and local officers to arrest people without a warrant if the officers have probable cause to believe a person is an illegal immigrant;
*•And one that made it a state requirement for immigrants to register with the federal government.
High court strikes down key parts of Arizona immigration law - NBC Politics
*
#1* The part remaining.* “the law the justices upheld requires police officers stopping someone to make efforts to verify the person’s immigration status with the federal government.”
Reading it literally, there must be a pre-existing reason for the stop.* The stop, in and of itself, cannot be justified by a desire to verify if the person’s immigration status is legally documented.
(I’ll have to look at the ruling / other articles to validate)
*
#2* Struck down:* “One making it a crime for an illegal immigrant to work or to seek work in Arizona”
That seems pretty serious, IMO.
*
(going out of order)
#4* Struck down: “And one that made it a state requirement for immigrants to register with the federal government”
That seems a little presumptious of Arizona, but the meaty one is #3 (IMO)
*
#3* Struck down:* “One which authorized state and local officers to arrest people without a warrant if the officers have probable cause to believe a person is an illegal immigrant;”
So, what we ESSENTIALLY have here is that an officer CAN INVESTIGATE to determine if a person is a legal or illegal immigrant, but they CANNOT ARREST based on their findings…
*
Plus, another thing to consider is whether or not the police CAN DETAIN a person based on wanting to further an investigation into the person’s immigration status…
(THIS is why I see this as a MAJOR neutering)
Without the capability to arrest, they lose any justification for detaining.* A suspect could invoke their fifth amendment right and refuse to answer questions on this.
If required by EXISTING law (and that’s a whole different issue), a person could conceivably give the driver’s license and let that be the end of the discussion.
Any additional questions from the police can be LEGALLY and CONSTITUTIONALLY responded to with “Am I being detained officer? / Am I free to go officer?”
And if the person is not required to show a driver’s license, then the conversation just got a little shorter…
*
Of course, the police can (and do) take anything that a person offers up to them.
If a person ignores their fifth amendment right, they can offer up everything they did since birth if they choose.
But to me, the significant thing is that it is the person’s choice to do so, or not to do so.
*
The police are required (by law) to investigate…
… but the main centerpiece that has been neutered is that there is no consequence upon that person if he chooses not to aid the police’s investigation…*
And there is no immediate consequence (in most circumstances) if the person is actually determined to be an “illegal immigrant” on the stop.
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Old 06-25-2012, 05:09 PM
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Default Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

It's funny how both sides are trying to claim victory with this ruling.
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Old 06-25-2012, 06:03 PM
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Post Re: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

Once again, Joe argues about arguing instead of addressing the issue…

*
But seriously, take a look at how the voting broke down…
Quote:
Joining Kennedy's majority opinion were Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.
*
Justices Antonin Scalia, Clarence Thomas and Samuel Alito concurred in part and dissented in part.
The conservatives dissented.
The liberal opinion was the majority.
*
While “winning” or “losing” depends on where you draw the goal-posts and what you hoped to achieve, it’s obvious that the liberal court judges had the majority…
… not the conservatives.
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