Friday, May 27, 2011

State Illegal Immigration Law Upheld by the Supreme Court

This federal court case was just decided yesterday by the United States Supreme Court. It’s a important victory for the State of Arizona and we the people of the United States of American and another well deserved defeat of the Obama Administration!

From: Tea Party Nation

Posted by Debra Wippert on May 26, 2011 at 11:27am

The Supreme Court decided 5-to-3 that states can punish employers who violate a mandatory E-Verify law. The court challenge was led by the U.S. Chamber of Commerce against Arizona’s 2007 law that suspends a business’s license if they don’t use E-Verify to check the eligibility of all new hires.

‘Because we conclude that the State’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law, we hold that the Arizona law is not preempted,’ Chief Justice Roberts wrote in the majority opinion.

(The above link provides a “Syllabus” of the decision. It is 69 pages long—my addition.)

Arizona became the first state in the country to pass a mandatory E-Verify bill that requires all employers to use the employment verification system. Since then, Mississippi and South Carolina have followed suit, while many more states have passed laws requiring some businesses to use E-Verify.

The ruling is a big loss for the nation’s major business groups and the Obama Administration who all opposed these types of laws.

Justices Scalia, Kennedy, Alito, and Thomas joined parts of the Chief Justice’s opinion. Justice Breyer filed a dissenting opinion joined by Justice Ginsburg. Justice Sotomayor filed a separate dissenting opinion. Justice Kagan removed herself from the case since she filed a brief in support of the U.S. Chamber’s argument while working in the Obama Administration’s Justice Department.” (TELLING!—my addition)

In one sense this decision is very encouraging. The Arizona law was a State enforcement of the federal law and it was held to be Constitutional and it should have been. States have the duty and responsibility to pass laws to protect the people of the State. The States did not surrender that responsibility to the federal government just because the federal government also has responsibility in this area. This decision bodes well for a similar decision for the illegal immigration law passed by Arizona in 2010 which was also modeled after a federal law.

What is discouraging is that the court case began after the State of Arizona passed the law in 2007. That’s four years ago! Even the 9th Appellate Court, the most liberal Appellate Court in the nation, allowed the Arizona law in its decision. And yet, three of the Supreme Court Justices, all liberals who often ignore the plain language of the Constitution, sided against the State of Arizona. A fourth Justice no doubt would have if she had not withdrawn because of her previous involvement in the case when she opposed the law for the federal government. Four of our nine Justices give little regard to the Constitution of the United States.

Further, the whole process followed is a blatant violation of the Constitution of the United States. The federal District and Appellate Courts should NOT have been involved in the case; should NOT have heard the case. The Constitution in Article III, Section 2, ¶ 2 clearly requires “In all Cases … in which a State shall be Party, the supreme Court shall have original Jurisdiction.” Why are the federal courts continually violating the Constitution of the United States? Why aren’t we the people demanding that the federal courts stop violating the Constitution? Why isn’t Congress impeaching and convicting those judges who are violating their oath of office?

This case should NOT have taken four years. This case should have started and ended in the Supreme Court of the United States.

It’s time, it is past time to TAKE BACK THE NATION!!! It’s time, it past time to be obedient to the Constitution of the United States!!! It’s time, it is past time to TAKE BACK THE NATION!!!