Quote:
Originally Posted by TheMercenary
Geveryl nails it again...
It's our house, our rules
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Absolutely, it is our house and should be our rules.
And you were the one who pointed out that our rules (the constitution) assigns the power to "establish uniform rules of naturalization" to the federal government.
States can help enforce...they cannot legislate powers above those in federal law.....so, many constitutional experts believe, says the supremacy clause
Quote:
Can Arizona’s controversial new immigration law — allowing the police to stop people and demand proof of citizenship — pass constitutional muster?
To many scholars, the answer is, simply, no.
“The law is clearly pre-empted by federal law under Supreme Court precedents,” said Erwin Chemerinsky, an expert in constitutional law and the dean of the University of California, Irvine, School of Law.
Since the 1800s, the federal government has been in charge of controlling immigration and enforcing those laws, Professor Chemerinsky noted. And that is why, he argued, Arizona’s effort to enforce its own laws is destined to fail.
But even some experts who say they are troubled by the law said it might survive challenges.
http://www.nytimes.com/2010/04/28/us/28legal.html
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That is the second question for the courts....entirely separate from the question of the potential discriminatory nature of the AZ law.