published Thursday, July 22nd, 2010

In defense of Arizona

The state of Arizona, which recently enacted a law to fight illegal immigration, is being criticized for the money it has spent to defend the law. The federal government and so-called “civil rights” groups are suing to keep the law from taking effect as scheduled on July 29.

Arizona has paid $77,000 to several attorneys to begin the defense of the law, which Arizona enacted because the federal government refuses to uphold its duty to protect our country’s borders. The final legal bill will ultimately be much larger, unfortunately.

But there are a couple of points to bear in mind. First, Americans who are upset that our federal government is suing a state for protecting itself from illegal invasion have donated a hefty $1.2 million for Arizona’s legal defense. We doubt anybody has donated a penny — beyond mandatory taxes — to help the federal government sue Arizona.

And second, no one seems to be talking about how many tax dollars the U.S. Justice Department is using to try to overturn Arizona’s sensible law. Lots of money could have been saved, on both sides, if the federal government had not decided to sue Arizona. So if anyone deserves criticism for wasteful spending in this case, it is Washington.

It is troubling that Arizona has been put on the defensive simply for trying to promote law and order.

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Livn4life said...

These are the people we elected and empowered in Washington America. Think about that come November.

July 22, 2010 at 6:59 a.m.
gngriffin said...

The legal brief filed in federal court by the United States government can be found here:

http://www.justice.gov/opa/documents/az-complaint.pdf

The legal argument is extremely straightforward: Immigration policy is a clearly enumerated power of the federal government, and the law is clearly and expressly preempted by the Constitution. Quoting from the complaint:

The Constitution affords the federal government the power to “establish an uniform Rule of Naturalization,” U.S. Const., art. I § 8, cl. 4, and to “regulate Commerce with foreign Nations,” U.S. Const., art. I § 8, cl. 3. Further, the federal government has broad authority to establish the terms and conditions for entry and continued presence in the United States, and to regulate the status of aliens within the boundaries of the United States."

Those who take issue with the federal government's attempt to enforce the Constitution might be better served by spending their energy advocating a Constitutional amendment.

July 22, 2010 at 11:44 a.m.
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