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Old 06-30-2010, 04:53 PM   #2
Redux
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For the record:

Quote:
Hines v. Davidowitz, 312 U.S. 52 (1941) is a case applying the law of conflict preemption. The United States Supreme Court held that a state system of alien registration was superseded by a federal system (the Alien Registration Act) because it was an "obstacle to accomplishment" of its goals.

Justice Hugo L. Black emphasized the supremacy of federal power over this area of law:
That the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution, was pointed out by the authors of The Federalist in 1787, and has since been given continuous recognition by this Court. When the national government by treaty or statute has established rules and regulations touching the rights, privileges, obligations or burdens of aliens as such, the treaty or statute is the supreme law of the land. No state can add to or take from the force and effect of such treaty or statute,...
http://en.wikipedia.org/wiki/Hines_v._Davidowitz
And I am still not clear if you even support the idea that the federal judiciary should make the legal determination....or if you think the AZ law should be accepted on faith, because its popular and the governor says its constitutional or for some other reason.

BTW, the buzz is that the DoJ might announce its filing with the court tomorrow after Obama gives a speech on immigration reform.
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