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Comments about ‘Supreme Court will act on immigration, even if Congress doesn't’

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Published: Monday, Dec. 6 2010 8:18 p.m. MST

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My2Cents
Kearns, UT

The Supreme Court cannot challenge and rewrite the laws. It can only interpret the laws. Only Congress has the right to change them. Trying to use the Supreme court to challenge a state law that enforces federal law is unconstitutional and not in their jurisdiction. Constitutional laws dictate that states must obey and enforce federal and constitutional laws so illegal occupation advocates are the criminals violating federal laws. Illegal aliens violate many federal laws well beyond immigration laws that haven't even been mentioned. No matter how you slice and dice illegal occupation, it is a crime and unconstitutional and criminal act of a foreign power. It is even unconstitutional for a president to condone allow breaking the law.

The sooner we get on with the Mexican/American war again, the sooner we can get our country back in order.

VST
Bountiful, UT

So far, the U.S. District Court and the U.S. 9th Circuit Court has ruled in favor of Arizona on this "business" law. The Government's contention is that this State law is unconstitutional per previous Federal preemption decisions in decided case law. Federal preemption refers to invalidation of U.S. State law when it conflicts with Federal law per the Supremacy Clause of the Constitution (Article VI, Clause 2). Contrary to the headline of this news article (poorly written), the Supreme Court will not be "writing" new law, but will be interpreting whether the Arizona State law is constitutional per the Supremacy Clause.

It will be interesting to see how the Court will rule on this one, whether to confirm the lower Court rulings or overturn it because it deems the State law is in violation of the Constitution's Supremacy Clause. There is previous precedent (California) wherein the Supreme Court ruled in favor of the State in a similar circumstance regarding State business regulation.

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