Arizona Loses, America Wins!by Bob Quasius, Sr. on Jun. 29, 2012, under Arpaio, SB1070
By Raoul Lowery Contreras
The State of Arizona and the states of Alabama, South Carolina, Utah, Indiana and Georgia have been squashed by the United States Supreme Court in the case of the State of Arizona against anyone-looking Mexican.
This is a day of celebration for those that believe in the Constitution of the United States.
The entire opinion written by Justice Kennedy in essence it states that only the federal government can regulate immigration based on the Constitution which clearly states that the Congress and only the Congress can “establish a uniform rule of naturalization (immigration).”
Three sections of (Kansas Secretary of State Kris Kobach-written law) SB 1070, were declared invalid and one was left to be decided when there is a factual case presented in court.
SB 1070 was sponsored by the now disgraced former State Senate President Russell Pearce – Republican — who was thrown out of office by his constituents last November. Kobach also wrote similar laws for other states which are now invalidated by this decision, Arizona et al v. the United States of America.
What is fascinating is that despite the obvious incompetence of the Solicitor General of the United States, a top Obama official of the Justice Department who is almost the equal of Attorney General Eric Holder, and the inadequate presentation he made to the Court in April, the Court overwhelming ruled against Arizona by a vote of 5 to 3 with Justice Kagan not involved. Had she voted the score would have been 6 to 3.
Here are the exact words of the decision that slam the door shut on the states that have tried to implement a legal secession from the United States of America and the U.S. Constitution:
1. Sections 3, 5(C), and 6 of S. B. 1070 are preempted by federal law.
(a) Section 3 intrudes on the field of alien registration, a field in which Congress has left no room for States to regulate.
(b) Section 5(C)’s criminal penalty stands as an obstacle to the federal regulatory system.
(c) By authorizing state and local officers to make warrantless arrests of certain aliens suspected of being removable, §6 too creates an obstacle to federal law. As a general rule, it is not a crime for a removable alien to remain in the United States. The federal scheme instructs when it is appropriate to arrest an alien during the removal process.
The Attorney General in some circumstances will issue a warrant for trained federal immigration officers to execute. If no federal warrant has been issued, these officers have more limited authority. They may arrest an alien for being “in the United States in violation of any [immigration] law or regulation,” for example, but only where the alien “is likely to escape before a warrant can be obtained.
The only contested provision the Court allowed to stand is not a victory for Arizona and Kris Kobach, it is only a remand to the lower courts to examine this provision when it has actual facts in hand. Here is what the Court said:
4. It was improper to enjoin §2(B) before the state courts had an opportunity to construe it and without some showing that §2(B)’s enforcement in fact conflicts with federal immigration law and its objectives.
Here is the vote and it is found in these precincts that not only is the Kennedy vote noteworthy but so is the fact that Chief Justice Roberts supported the majority:
KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. SCALIA, J., THOMAS, J., and ALITO, J., filed opinions concurring in part and dissenting in part. KAGAN, J., took no part in the consideration or decision of the case…
In essence, this Arizona decision clearly signals that this court will not tolerate rogue laws created by rogue states that attempt to argue that they are sovereign unto themselves and can do as they wish in the face of clearly stated “enumerated” duties of the federal government.
It also puts certain constitutional subversives like Kris Kobach on notice that they cannot evade the Constitution because of racial malice that they clearly manifest.
For example, the uneducated (no college) Arizona Governor Jan Brewer says that the Court’s sending Section 2B of SB 1070 back to the lower courts for a case with facts is a “victory” for the people of Arizona and the country. Kris Kobach also says that.
How ignorant can these ersatz public officials be? Lady, the Court simply stated that a factual situation must present itself before this section can be judicially examined for Constitutionality.
The first time a local yokel high school drop-out Arizona cop demands proof of citizenship from a driver he pulls over for a broken tail light and that person tells the cop to take a hike, the facts will draw the case back into the courts and the Supreme Court will never see the case again if the Mexican-looking person is legal.
Editors note: As with all postings on this blog which appear with a byline, the posting represents the author’s opinion and not the official position of Cafe Con Leche Republicans.
Raoul Lowery Contreras (1941) was born in Mexico, raised in the USA. Former U.S. Marine, athlete, Dean’s List at San Diego State. Professional political consultant and California Republican Party official(1963-65)…Television news commentator, radio talk show host…published Op-Ed writer (1988 to present)…author of 12 books (as of 1-05-12). His books are available on Amazon.com.