Arizona Upsets Global Balance (apparently….)
May 25, 2010
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Posted by Michael S. Langston
As you might have noticed, I’ve stayed away from writing about the Arizona immigration bill. I’ve done so because I have little understanding on what it means to live close to a border where millions of immigrants cross illegally each year. I don’t know the pain experienced by this massive influx, nor do I really know what has and hasn’t been tried to resolve those pains.
Lastly, I’m honestly not in the habit of arguing against a specific state law, unless it’s clearly anti-freedom. For instance, when an idiotic Senator proposes a complete ban on a specific crib because of 32 infant deaths since 2000 – I rightfully call her out (here). Meaning that generally speaking, I don’t see the Arizona law as anything immoral or anti-freedom and my lack of real world understanding has kept me out of this debate.
That was until I learned, thanks to the unprecedented outpouring from world leaders, that this Arizona thing…. well, apparently it has far reaching consequences.
To start with – I think this is the very first time an American president has come out so strongly against a state law based solely on premonition (here via Raw Story). According to our new pre-crime way of thinking, this law has got to be stopped by any means necessary, because as President Obama states:
I think the Arizona law has the potential of being applied in a discriminatory fashion. Now, after it was initially passed, the Arizona legislature amended it and said that this should not be carried out in a discriminatory way. But I think a fair reading of the language of the statute indicates that it gives the possibility of individuals who are deemed suspicious of being illegal immigrants from being harassed or arrested. And the judgments that are going to be made in applying this law are troublesome….
To translate, this roughly means – “it (the law) might be used for discriminatory purposes, therefore it’s wrong”. Which would be a very valid argument for a law which say…. kept blacks out of school, but for a law only meant and written to enforce the current immigration laws, he’s basically trying to block a state law because it might be abused.
Additionally, the legal system itself is and has been open for discriminatory abuse by those in appropriate positions who are willing to use their authority towards discriminatory ends. You see, where there are so many laws on the books that necessitate selective enforcement, then you automatically end up leaving the selection process to those on the ground.
To clarify: I don’t believe law enforcement professionals are racists or tend to abuse their power en mass & I don’t believe this AZ law will necessarily be used in such a way. My only point is when every single car on the highway is driving at least 10 miles per hour over the speed limit, those with the power to enforce the law can do so selectively. This by its very nature allows for discriminatory practices.
It would be interesting to hear President Obama make such a case, but that’s not the main thrust of his argument. His argument is guilty until proven innocent.
Lastly, Mr. Obama, don’t we have other things to worry about? Like two active conflicts? Continuing terror threats at home? Economic & health care “crises”?
But what really has me perplexed is the president from our southern neighbor, Mexico. Apparently, the Arizona law is so horribly wrong, he had to take lots of time, to address international press both here @ a home and to address Congress as part of an active & aggressive PR campaign against the AZ law (here via The Arizona Republic):
WASHINGTON – Mexican President Felipe Calderón harshly criticized a new Arizona immigration law in an address to Congress on Thursday, saying it “ignores a reality that cannot be erased by decree.”…
Now to be fair I agree with that quoted portion; which is our current immigration policy stance by default, ignores the reality on the ground. With all due disrespect to Mr. Calderón however, I don’t think he gets the reality either.
He is, not only a world leader (very tenuous use), but specifically the leader of Mexico. A country with a higher murder rate than some active war zones have deaths. A country whose police force and justice system is either completely corrupt or completely unable to deal with organized crime. A country whose citizenry, run as fast as possible, by any means possible to the closest possible safe haven, even knowing they will actively face many additional hardships through their actions. A quick skim through reports (here via Stratfor or here via the Economist) will give you ample reason why this is so.
Yet, Mr. Calderón’s worries are about an AZ law and our freedom to arm ourselves:
…his request that Congress do something about the availability of high-powered weapons along the border….
Maybe he’s completely unaware that it is illegal in the US to buy the weapons many organized criminals use in Mexico such as hand grenades, rocket propelled grenades, and automatic weapons.
Irregardless of Mr. Calderón’s understanding of US gun laws, the citizens of Mexico would be better served if their leader spent time repairing his country, instead of throwing boulders from a glass house.
Given the current urgent competing priorities for both countries, combined with both presidents having a laser like focus on this issue, I think there really remains one question:
What is their (Obama, Calderon, etc) fear?
Categories: International, Legislation, Politics
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Tags: Arizona, Immigration, Legislation, Politics, President Calderon, President Obama
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I have heard much more folks discussing that the law is Unconstitutional under the Supremacy Clause. The Supremacy Clause forbids state and local laws that contradict federal laws in matters exactly where the federal government has authority to act.
Once again it only applies in situations where the law contradicts the current law. Arizona’s law requires that State/Local authorities hand over suspect illegals to the proper federal authorities. Maybe you have forgetten (since we haven’t enforced these laws) but it’s still a crime to enter our country illegally.
But as long as we are talking about Constitutionality let’s talk about the Commerce Clause from the Constitution (Article I, Section 8). This clause prohibits states and localities from passing laws that burden interstate or foreign commerce by, among other things, creating “discriminations favorable or adverse to commerce with specific foreign nations.”
Boycotting Arizona is UNCONSTITUTIONAL so knock it off already. Also to the Arizona government, how about we step up and actually file suit against these cities?
First, from my understanding the current AZ law is stated exactly as the federal law – so it shouldn’t be in contradiction. Secondarily, not all contradictions are unConsitutional. For instance, if the federal government decides not to force prescriptions on people for simple drugs such as Sudafed, states can over-rule that.
Either way – the court system will do what it does and that will all work itself out. I’ve just never seen an international cabal of idiots, including POTUS arguing so strongly against a state law. That is what seems unprecedented and what I think we should notice. I’m sure it’s happened in the past, but the ferociousness with which the white house seems to wish to fight a law (which most of them admit they have never read) is far more important than the law itself.
I will say, that I failed in speed writing as I asked what do they fear, when in reality they don’t fear anything. It’s a political ploy to gain votes in the future. They are appealing directly to those with emotional/familial ties to illegal aliens instead of dealing with the law they’ve already passed, yet refuse to enforce.
Last thing, as sort of a disclaimer, I’m not judging the law itself other than to say it doesn’t seem as outrageous as opponents are trying to make it. I believe those closet to the problem are the most likely to come up with a good and consistent solution and unless there is something obvious, like say AZ decided to imprison all Hispanics until they were checked, it’s really not my place to tell others how they wish to live…. or how they should vote in order to secure their community.
The President however is smarter than that – he knows exactly what it is like to live in AZ, knows the pains associated with illegal immigration on a mass scale and understands completely what should be done. Obviously I jest, but if you listen to his words, his anger against a law he’s never read, it seems he has to believe this.
He also knows exactly how banks should run, why the oil spill happened (even prior to any investigation) and who’s to blame, how GM should run and what cars it should build (meanwhile Ford didn’t take a dime and is making a profit… yet GM is going a different direction after Obama selected the executives), he knows how to run the financial industry, he knows why my kid is fat (she’s not)….etc, etc, etc
This is another case of using marketing ploy by casting a law they never read to be synonymous with racism and hope to secure more votes in the future. The sad part it… it probably worked.
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