Metzor
VIP Member
- Dec 7, 2009
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Enumeration gives congress the power to create legislation regarding naturalization, but there is nothing in the constitution that authorizes congress to create legislation concerning illegal immigration. This was obviously meant for the states to deal with. However, the constitution does oblige the feds to protect the states from invasion.The point of decision will be the concept of federalism: is the state appropriating power given to the national government. The basis of decision will not be that the state has a need or can do it well, but rather that the state does not have the authority to do so.
The Supremacy Clause does not work that way. The Supremacy Clause would "pre-empt" the state law if the state law was inconsistent with the federal law. But, AZ's law is essentially (and actually in all factual areas of import) the same as the federal law. It only provides that state officials can enforce the federal law. Since there are no factual differences between the federal and state law, the state law will not be pre-empted and a state is within its rights to have such a law.
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