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Thread: Judge blocks part of controversial Arizona immigration law

  1. #181
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Zyphlin View Post
    Sure, its a couple things.
    First, the supremecy clause, which designates that federal law over rules state. Second, the SCOTUS has found that in a DIRECT sense, exercising rasonable suspicion based singularly on the facet of race is unconstitutional and thus illegal. Additionally you have U.S. v. Montero-Camargo which found that race can not be part of a broader group of reasonings either. The only time when its currently legal to use race is for searching for a specific suspect, such as when you KNOW that the perpetrator based on eye witness reports is white/black/hispanic/etc.
    Actually, the Supreme Court has ruled ehtnicity is ABSOLUTELY a viable reason for INS agents to investigate suspected illegal immigrants.

    1975 United States v. Brignoni-Ponce-"likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor."
    1982 AZ state court- State v. Graciano that "enforcement of immigration laws often involves a relevant consideration of ethnic factors."

    Think about it for a second. How often do INS agents go to places where people are EXPECTED to be illegal and check ID? How about ALL THE TIME.

    This isnt about whether it is legal or constitutional. This is a political and ideological battle right now. The left position is that there should be NO ENFORCEMENT of illegal immigration. California, AZ, Now Colorado...its all the same.

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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by pro-bipartisan View Post
    People who are against this bill are either not from Arizona or just extremely ignorant.
    People who are againts this are kneejerk liberal ideologues. They dont 'think'. They feeeeeeeeeel.

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    Re: Judge blocks part of controversial Arizona immigration law

    Moderator's Warning:
    Judge blocks part of controversial Arizona immigration lawAs insults have begun popping up and they threaten to derail the thread, members should be reminded that a general warning was already given in Message #41 in this thread about avoiding insults. Infractions have been levied and they will continue to be levied as necessary.

    In general, expressing support for SB1070 does not automatically make one a racist. Expressing opposition to SB1070 does not automatically demonstrate that one is ignorant. Such lines of argument should be avoided.

  4. #184
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by VanceMack View Post
    People who are againts this are kneejerk liberal ideologues. They dont 'think'. They feeeeeeeeeel.

    It's more insidious than that sir.


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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by j-mac View Post

    I suspect MOST liberals arent politicos motivated by nepharious design...

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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by TBone View Post
    Please explain how this throws out federal law?
    Read the federal law.

    She bans state troopers from asking for papers, the same thing that federal law states the feds can do.

    She banned the requirement to carry your legal papers with you, something the federal law states is a requirement.

    She ignored every legal precedent before her that says states can write law to stop illegal immigration.
    Last edited by texmaster; 07-29-10 at 11:42 AM.
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Harshaw View Post
    A court can find caselaw from other jurisdictions persuasive, but that court is never bound by it. Thus, the judge was not required to follow anything from a different circuit. She could ignore it at her pleasure.
    And that is the stupidity of her decesion not to mention she avoided actually ruling on the law and passed the buck.
    Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by disneydude View Post
    You can "cite it" but it isn't controlling.

    What part of that don't you understand?
    Making up law as you go isn't what a judge is supposed to do. They are supposed to interpret the law and cite other law and decesions showing where they base their ruling. She did none of that.

    What part of that don't you understand?
    Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

    John Adams

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    Re: Judge blocks part of controversial Arizona immigration law

    You know what's actually ironic about this? As long as this litigation goes on, and armies of lawyers, reporters, and other hangers-on storm the place, AZ's tourism dollars are going to skyrocket. So much for the boycotts.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by VanceMack View Post
    I suspect MOST liberals arent politicos motivated by nepharious design...

    Would you agree these might be?

    Congressional Progressive Caucus


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    Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.

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