Quote:
Originally Posted by xoxoxoBruce
You answered that yourself, federal and state.
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How so?
The core issue, putting aside the 4th and 14th amendment issues, is whether a state can make a law that the Constitution says is solely the prerogative of Congress....and there is something called the Supremacy Clause as well which often comes into play when determining the constitutionality of state laws.
If illegal immigration can only be a federal crime, then it raises question about a state law that makes illegal immigration a state crime.
I am not suggestion that it applies in this case. I dont know, but some constitutional experts believe it does apply and I think it is a legitimate question. The federal judiciary should make that determination.