Off the Deep End on Immigration

Obama is officially suing the state of Arizona for usurping the Federal Government’s immigration enforcement responsibilities. He is not arguing that the text of Arizona’s law itself is unconstitutional, which is good since it mirrors Federal law. Instead, the administration is arguing that according to the constitution, ONLY the Federal government can implement and enforce immigration laws.

Obama is a constitutional scholar.  Is he right?

Here’s an even better question. What are the implications? If only the US Federal government can enforce immigration laws, then what about other laws? What about kidnapping or crossing state lines? If a state cop pulls someone over and discovers they have violated federal law, do they constitutionally have to let them go and hope the federal authorities find them?  In fact, if Arizona’s immigration laws are unconstitutional, what about Florida’s kidnapping laws?

By Obama’s scholarly constitutional interpretation, if a state cop pulls over an illegal immigrant engaged in kidnapping, stealing major art works from a museum, federal tax evasion, using counterfeit money, having just come from assassinating the President with a machine gun, the state cop has to let them go because only the Federal Government can enforce federal crimes. In fact, by Obama’s reasoning, states cannot even write laws making counterfeiting, grand theft, kidnapping, etc illegal.

Article IV, Section 4 of the US constitution says that the US government must protect the states from foreign invasion. Should it be Arizona that is suing Obama and his administration for not protecting them from foreign invasion? Is Obama’s refusal to fight illegal immigration a violation of the constitution?

Article I, Section 10 says this: 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 or Compact 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.

“Unless actually invaded”? It sounds to me that Arizona has the constitutional authority to not only write and enforce their own illegal immigration laws, but to also declare war on the cartels and other violent illegal invaders.

What is clear from the constitution is not that Arizona is enforcing immigration laws and shouldn’t be.  It is that Obama should be enforcing immigration laws and isn’t.


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