Quote:
Originally Posted by jinx
Yeah, hopefully its clear enough that even CNN and redux's lawyer can understand it now.
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I dont know that it clarifies much.
The underlying crime is now a new state crime of being in the country w/o documentation.
The Constitutional questions remain.
Can a state enact a law that makes being in the country illegally a state crime OR is that solely a federal government responsibility and thus, can only be a federal crime.
As Merc pointed out, the Constitutional specifically identifies "standard rules of naturalization" as a power of Congress. It is not one of those powers that is ceded to the states.
And then you have the 4th amendment search and seizure issue and the 14th amendment due process and equal protection issues....all of which depends on the interpretation of "reasonable cause" or "suspicion" which is still undefined.
I dont know the answers, but I think it needs to be answered by the federal courts.