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Federal government sues Arizona over new immigration law

AZ GOVERNOR: “THE LAW IS BOTH REASONABLE AND CONSTITUTIONAL”

by Sharon Rondeau

Arizona is the nation's 48th state

(Jul. 9, 2010) — The federal government has filed suit against the state of Arizona over its recently-passed but not-yet-enacted illegal immigration bill, SB 1070.  The law is scheduled to take effect on July 29, 2010 and states that “In order to successfully prosecute a violation of these statutes, the State must be able to prove each element of the offense beyond a reasonable doubt.”

The guidelines reveal that there are both a “citation,” or short-form “submittal” and a “long form,” similar to a birth certificate, for reporting the offense(s).   Incomplete forms will be returned to Law Enforcement, and citations suggesting any indication of  “racial profiling” will not be accepted.

The Department of Justice claims that Arizona’s new law “attempts to unconstitutionally supersede” the authority of the federal government.  Others have argued that the “supremacy clause” of the U.S. Constitution nullifies state laws which conflict with it.  Article 6 of the U.S. Constitution states:

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

A writer at the Tenth Amendment Center states that the words “which shall be made in Pursuance thereof” mean that all laws made by the states in pursuit of the principles laid out in the U.S. Constitution are also “supreme.”

The Tenth Amendment to the U.S. Constitution reads:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article IV, Section IV of the Constitution states:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Arizona’s Governor Janice Brewer called the federal lawsuit “outrageous.”  She spoke with Obama after receiving notification of it, but described her conversation with him as “disappointing.”  Brewer has claimed that “the state must act because the federal government has failed…Decades of inaction and misguided policy have created a dangerous and unacceptable situation.”

On her campaign website on Tuesday, Brewer stated, “It is wrong that our own federal government is suing the people of Arizona for helping to enforce federal immigration law…Today’s filing is nothing more than a massive waste of taxpayer funds.  These funds could be better used against the violent Mexican cartels than the people of Arizona.”  Brewer’s videos on the subject can be viewed here.

Mike McWherter, a Democrat running for governor in Tennessee, has condemned the federal government’s action against Arizona.  Another Democrat from Arizona, Rep. Ann Kirkpatrick, called the lawsuit against her state “a sideshow.”

A legal defense fund has been started and has raised almost $500,000 to fight the government’s lawsuit.  The majority of the donations are reportedly from outside of Arizona.  Those wishing to contribute may do so here.

One news report admits that the federal government’s intent is not to deport all illegal aliens, but rather, “gang members” and other dangerous criminals.  It states that “Otherwise law-abiding immigrants without documentation would largely be left alone.”

The Arizona bill was signed into law on April 23, 2010, and can be read in its entirety here.

Part of the government’s argument against the new law is that “The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests.”

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31 Responses to Federal government sues Arizona over new immigration law

  1. AuntieMadder

    Thursday, July 15, 2010 at 1:52 AM

    Joseph Maine, I looked at the video again to find out what I’m seeing there that you’re not. What I discovered is that, although I accepted that it stated that Okubo’s COLB was provided to Politifact and that TheDrRJP downloaded or copied it from there, in actuality, that’s only implied.

    I tried to send TheDrRJP a message via YouTube, asking him where he got Okubo’s COLB, but he only accepts messages from his YouTube friends. So, I sent a friend invitation to him. Let’s see if he accepts it and, if he does, I’ll ask him via YouTube message.

  2. Bill Cutting

    Monday, July 12, 2010 at 3:33 PM

    I think Brewer is a longtime “Statist”.
    She will never do this.

  3. Bill Cutting

    Monday, July 12, 2010 at 3:28 PM

    Bob 1943

    I don’t care where he was born, he was born a British Subject and thus was born with allegiance to another country. In my book, that makes him “not” a Natural Born Citizen.

    IMO, The birth certificate issue is BS. The State of Hawaii has circled the wagons. We probably will never know the truth.
    All it takes is a Sandy Berger type to make a document disappear.

  4. Joseph Maine

    Sunday, July 11, 2010 at 5:08 PM

    Please, then, spell it out for me:

    Very simply, “By what basis does he say Okubo provided the COLB for Obama?”

    I’ve watched the video at least 3 times. He doesn’t provide even the most minute link to make me, someone who wants to believe it, think it’s a legit connection.

  5. NUTN2SAY

    Sunday, July 11, 2010 at 2:43 PM

    Will somebody please tell and remind that Constitutionally extremely ignorant a.g. Holder this … Article 1 Section 10 Clause 3 of the U.S. Constitution – “No state shall, without the consent of congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.”

    Emphasis is put on…”OR ENGAGE IN WAR, UNLESS ACTUALLY INVADED”

    Now I do believe if the state of Arizona, itself believes that it is being invaded, that is a judgment call for the state of Arizona to make and not the White House! One thing is for certain though…if the state of Arizona believes it is being invaded…then the White House under Constitutional Law shall come to the aid of Arizona and not to the aid of the invaders as it is now doing so! The White House is right now participating in an act that should be considered treason by all American Citizens!

  6. Bob1943

    Sunday, July 11, 2010 at 8:47 AM

    Maybe I miss what you are saying, but he wasn’t born in Hawaii……the fraud associated with misrepresenting that fact…alone, is enough to evict him from the White House. The hiding of all his records, (including the long-form Hawaii birth certificate he doesn’t have), is also to hide proof he wasn’t born in Hawai, and that he claimed citizenship elsewhere. Obviously, he isn’t concerned about the fact his father was a British Subject, that is posted on his website.

    Whatever the reality is, the average American can understand not being born in America, but lying about it, as a more serious crime than having a British Subject father.

    And then….what about the apparent adoption and name change to Barry Soetoro?

    Any way you cut it, Barry is a usurper and it’s no secret.

  7. Bill Cutting

    Sunday, July 11, 2010 at 7:22 AM

    That’s the problem with an internet image; anyone can say anything about it and none of us will ever know if it is true.

    The whole birth certificate thing is a rabbit hole, IMO. If Obama himself had showed up and supplied each SOS with a forged document or a document that was manufactured for him by fellow traveler Okubo, who would authenticate it?

    Obama is not eligible for the job because he was born an English Subject; hence he was not a Natural Born Citizen.

    I don’t buy the theory that a child of American Citizens born abroad is not a Natural Born Citizen. That’s baloney.

  8. AuntieMadder

    Sunday, July 11, 2010 at 12:44 AM

    I don’t see anything in your earlier request about having watched the video.

    Your questions are answered in the video, beginning at the 7:45 mark.

  9. Kingskid

    Saturday, July 10, 2010 at 10:09 PM

    Thank you for providing this info. I wrote and donated and have asked those in my address book to do the same.

  10. Joseph Maine

    Saturday, July 10, 2010 at 7:30 PM

    I understand that. Obviously I’ve seen the video or else I wouldn’t have referenced the video. Again, where does he get the idea that she supplied it?

    Did she ever email it to someone or upload it to the internet? He never mentions anything remotely linking that speculation with any sort of reasonable connection.

  11. AuntieMadder

    Saturday, July 10, 2010 at 7:19 PM

    From your lips to God’s ears, Thomas.

  12. AuntieMadder

    Saturday, July 10, 2010 at 7:17 PM

    For his own security, sure, but also to keep that paperless entryway open for his Jihadist buddies.

  13. AuntieMadder

    Saturday, July 10, 2010 at 7:14 PM

    And I’ve heard California has had one on the books for years and it’s stricter than Arizona’s! Lib hypocrisy knows no bounds.

  14. AuntieMadder

    Saturday, July 10, 2010 at 7:13 PM

    Joseph Maine, it’s shown in this video clip. http://www.youtube.com/watch?v=nc5JE0JAqlk&feature=player_embedded

  15. Joseph Maine

    Saturday, July 10, 2010 at 6:18 PM

    Slightly off topic (I’ll bring it back again) but can someone tell me where Ron Polland makes the jump to Okubo providing her own COLB for the Obama camp to use?

    It’s an interesting idea but it comes out of *poof* nowhere and as much as I want to see the deceiver exposed, making stuff up doesn’t help anyone. I find it quite odd for such a good production to have that kind of “bombshell” claim leveled without even a shred of evidence that it could be possible outside of pure conjecture. Thanks to anyone who responds.

  16. Joseph Maine

    Saturday, July 10, 2010 at 6:15 PM

    Put simply, Light … AWESOME. Well done.

  17. Kingskid

    Saturday, July 10, 2010 at 6:13 PM

    Dear Governor Brewer,

    Please act now and contact two of the most knowledgeable attorneys on the illegal seizure of the presidency of the U.S. by Obama. and his illegal lawsuit against Arizona’s immigration law. No matter how qualified your Arizona lawyers may be, no one knows the issues facing your state and you better than Leo Donofrio and Stephen Pidgeon. Both of these lawyers have been involved in the Constitutional crisis surrounding the fraudulent election of a president who does not qualify under the Constitution to serve as POTUS. I cannot think of any better attorneys to have fighting for you at this time than Pidgeon and Donofrio. I have no connection with either of them, other than being familiar with their work.

    Please do not let this opportunity slip from your fingers to turn the tables on the usurper who is occupying our WH. Contact Pidgeon and Donofrio at 425.605.4774 or attorney@stephenpidgeon.com

    God bless, we are fighting with you!

    Kathleen Gotto

  18. Kingskid

    Saturday, July 10, 2010 at 5:49 PM

    Missouri also, from what I understand!

  19. Justitia

    Saturday, July 10, 2010 at 3:32 PM

    and today we learn on FOX and FRIENDS that RHODE ISLAND has had basically the same ARIZONA LAW in effect, via EXECUTIVE ORDER, since 2008, so OBAMA is really creating THEATER OF THE ABSURD!

  20. njre

    Saturday, July 10, 2010 at 8:19 AM

    James said, ‘Governor Brewer should file a, “qou warranto” against Obama’.

    Agree 100%! Force obama to show where he gets the authority on immigration matters?
    Here is a great opportunity – Steve Pidgeon and Leo Donofrio have offered to help gov Brewer file quo warranto against obama!
    Pidgeon & Donofrio GP
    Old Federal Building
    3002 Colby Avenue, Suite 306, Everett, Washington 98201
    (425)605-4774 telephone (425)818-5371 facsimile

    We are prepared to immediately assist with the bringing of a Quo Warranto defense. Contact us through this email adddress: attorney@stephenpidgeon.com.

    Sincerely,
    Stephen Pidgeon
    Leo Donofrio

    Postemail, please follow up with Steve Pidgeon and/or Leo Donfrio and place this ‘call for action’ on your front page to encourage people to contact gov Brewer to work with these 2 brilliant attorneys to counter-sue obama.

    Contact info:

    Paul Senseman Governor Jan Brewer
    Deputy Chief of Staff – Communications fax 602-542-1381
    Office of Governor Janice K. Brewer phone 602-542-4331
    1700 W. Washington St. t/f 800-253-0883
    Phoenix, AZ 85007
    Phone: 602.542.1342
    Fax: 602.542.7602
    psenseman@az.gov

  21. Light Your Candle 2

    Saturday, July 10, 2010 at 1:46 AM

    AZ need to file motion to dismiss because Feds do not have standing or injury and this is a political question.

  22. Thomas Morato

    Friday, July 9, 2010 at 11:46 PM

    It’s understandable why O doesn’t want this law enacted. He would have to be on his best behavior when traveling through AZ for fear of being arrested for not being able to show his papers.

    Here is a thought… Arizona should pass a law that states Barrack Hussein Obama (aka Barry Sotoro) shall not to appear on the 2012 ballot to run for the office of presidency. Let the DOJ chew on that and try to justify in court how O’s constitutionally able to do so.

  23. James

    Friday, July 9, 2010 at 10:13 PM

    The Constitution of the United States – Amendment XI – The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Threats and intimadations of boycotts against the State of Arizona. Obama’s meeting with Senator Kyl, refusing to defend the border and citizens. The nation of Mexico filing with the lawsuit by the Federal government. Governor Brewer should file a, “qou warranto” against Obama, just to be “politically correct”. But, for starters she should also make the American public aware of just what these “illegals” have already done because of the federal governments failures, as also, Obama in securing the border. It is, just this. The “diseases” that were for decades non-excistant are now once again being found in the U.S. due to the illegal immigrant. Mostly now along the southwestern border States with Mexico, but also in the sanctuary cities. “Leprosy”, has been found in many States and Cities, due to illegals evading legal entry. As also, an array of exotic viral diseases and infestations. These are on the rise. http://69.84.25.250/blogger/post/Report-from-Protective-Intelligence-analyst-Lyle-Rapacki-PhD.aspx

  24. 2discern

    Friday, July 9, 2010 at 9:34 PM

    The common sense approach and comments by Gov. Brewer shows she cares about the citizens of her State. She should run for President since she has more sense and testosterone than all of CONgress and the administration combined. It seems to me the act of suing a State for upholding laws that have been on the books for 50 years is an impeachable offense. How can the impostor-in-chief uphold the oath of office to protect our borders and simultaneously sue the State for upholding that very law that protects AZ borders? This is beyond ludicrous. Where are the arresting officials and Gold Badges to indict this hater of America?

  25. NUTN2SAY

    Friday, July 9, 2010 at 9:31 PM

    The state of Arizona must and needs to get off the defense and 100% go on the offense and file a counter Constitutional Lawsuit against Obama’s little punk Holder! The facts and truth are on Arizona’s side! This is a ultimate display, coming from the highest level of government, of arrogance that than can ever be displayed! This goes beyond arrogance! This is a blatant display of childlike behavior and it comes from our White House! I would seize this opportunity with an overwhelmingly Patriotic Pride to show the rest of America that these days laws are not being made by men, but sadly, instead are being made by children! This is just becoming another typical sad day in America with this usurper occupying America’s White House! This calls for an old fashion American Made Spanking!

  26. Thomas

    Friday, July 9, 2010 at 9:28 PM

    OBAMA Needs to be brought to trial for treason against the U.S.A.

  27. 12thGenerationAMERICAN

    Friday, July 9, 2010 at 9:02 PM

    Obama probably is afraid it will affect him if he goes to AZ??! He has yet to prove his citizenship?!!??

  28. Birdy

    Friday, July 9, 2010 at 8:58 PM

    The State of Arizona should file a counter-suit against the federal government for failure to fulfill the United State’s Article IV Section 4 Constitutional duty – “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;” Surely the United States is not doing an acceptable job of protecting the border states against invasion.

  29. Son of PUBLIUS

    Friday, July 9, 2010 at 8:15 PM

    The second greatest threat to our national security is the abject failure of the U.S. Government to do its primary job of securing its borders from illegal immigration and foreign hostile threats to keep U.S. citizen’s safe and secure. The greatest threat is the U.S. Government also intentionally intervening and preventing each of the independent republics of the United States from securing their borders and keeping their citizen’s safe and secure. MacPUBLIUS

    Treason – noun, a crime that undermines the offender’s government; disloyalty by virtue of subversive behavior; an act of deliberate betrayal

  30. kenneth stone

    Friday, July 9, 2010 at 6:53 PM

    I donated and hope many more will. If We donate to much so what at least with our donation we are showing the Feds that we are willing to back our belief that they are not doing their job!
    We also will back our belief at the polls on election day Democrat thugs or not!!

  31. Kevin J. Lankford

    Friday, July 9, 2010 at 6:39 PM

    I cannot help but to believe there is some legal process or some way
    to initiate a referendum to prevent the federal government from using
    tax payer monies filing lawsuits contrary to the will of the people. Can
    anyone adress the possibility.
    K.J.L.
    South Carolina

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