Interesting read on AZ Lawsuit

chanel

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Jun 8, 2009
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Is the federal government right that it is unconstitutional for Arizona to enact a law that supports federal law, which already forbids illegal aliens from entering our country? The answer is not as simple as it seems. Normally, there is no problem when state law helps (rather than hinders) federal law. Immigration is a little different because of a special clause in the Constitution giving the federal government power to establish a “uniform Rule of Naturalization.” Some people argue that this clause means that the federal government has the “exclusive power” to regulate in this area. That is not exactly true.

Pajamas Media A New Look at the Federal Suit Against Arizona’s Immigration Law

Mr. Rotunda looks at several precedents which may hinder the feds case. I found this one particularly interesting:

In 2004, the International Court of Justice ruled that the United States violated the Vienna Convention when state police did not inform Medellin and 50 other Mexican nationals about their Vienna Convention rights to have their consulates notified of their arrest. The police cannot give that information unless they ask the people arrested if they are aliens. Arizona could interpret the federal court ruling as requiring it to violate the Vienna Convention by not asking arrestees if they are aliens who have rights under the Vienna Convention.

Predictions?
 

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