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Joe
Lv 6
Joe asked in Politics & GovernmentImmigration · 1 decade ago

If you believe that the new AZ immigration law is unconstitutional, then prove it with facts.?

Update:

ak...whatever...it does not say that in the law. try again when you actually read it.

8 Answers

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  • Sasori
    Lv 6
    1 decade ago
    Favorite Answer

    Sb 1070 IS NOT unconstitutional!

    The Supremacy Clause has been interpreted to come in effect only when the federal government has acted in an area. In Edgar v. Mite Corporation, 457 U.S. 624 (1982), the Supreme Court ruled that "A state statute is void to the extent that it actually conflicts with a valid federal statute." In effect, this means that a state law will be found to violate the supremacy clause when either of two conditions exists:[1]

    1.Compliance with both federal and state law is impossible, or

    2."...state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress

    ****SB 1070 does not fall under either of those categories. Compliance is possible since 1070 mirrors Fed law. The state law cannot stand as an obstacle because Congress passed the law in he first place.

    http://azstarnet.com/article_a9643b87-fa97-59c1-ac...

    TOPEKA, Kan. - When politicians and police across the country want to crack down on illegal immigration, they often reach out to the same man: a little-known Kansas attorney with an Ivy League education who is the architect behind many of the nation's most controversial immigration laws

    His most recent project was advising Arizona officials on a new law that empowers police to question, as a secondary offense, anyone they suspect of being in the country illegally. Critics say it violates the Constitution's provisions against unreasonable search and seizure by allowing police to engage in racial profiling.

    But Kobach insists an officer stopping a crowded van for a traffic violation has a reasonable suspicion its occupants are illegal immigrants if none of them has an ID, the van is traveling a known smuggling route and the driver is evasive

  • 1 decade ago

    Since it is one of the ONLY laws in that nation that absolutely forbids any sort of racial or ethnic profiling it would be tough to prove.

    The police have the ability right now to legally profile people based on race. It is done every day by most every officer. When a bulletin comes out saying they are looking for a white man in a blue pickup the police won't bother black guys driving red cars. That is racial profiling of white men.

    Even though we know that about 1 of every 4 hispanics in AZ is there illegally the police cannot use that fact in any way. Even though we know that over 99% of the illegals in AZ are hispanic we cannot use that fact in any way.

  • 1 decade ago

    I can prove it is, does that count?

    Being there is no mention of immigration in the constitution, then the 10th admendment would grant states the right to make and enforce laws as it needs.

  • ?
    Lv 5
    1 decade ago

    I believe the Federal Government in not protecting our boarders under several Presidents needs to be addressed, it time to end this open boarder problem

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  • Anonymous
    1 decade ago

    The fact is the constitution gives us the right to live without illegal search and seizure.

    US? Are you an illegal alien? No.. it doesn't give you that at all.

  • 1 decade ago

    Those people have no idea what is Constitutional.

  • Akabln
    Lv 5
    1 decade ago

    The fact is the constitution gives us the right to live without illegal search and seizure.

    In that law it states that a law enforcement office can search a vehicle and a home without warrant if he feels that a crime has been committed. (Ie, being illegal in the country) Well.. that's great if you are illegal, but for those legal citizens that are being suspected because of their color or language, and those natural born citizens that live with them, THAT is unconstitutional. Period!

  • 1 decade ago

    They can't lol! They are just assuming what will happen, you know what they say about assuming.

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