“Sustaining Their Prejudices”: The Arizona Immigration Law Is A Constitutional Nightmare
You thought the healthcare case created a storm. Well you haven’t seen anything yet. Next week the Supreme Court hears oral arguments on the constitutionality of SB 1070, the Arizona immigration law. Any case that involves race creates political fireworks.
The Arizona law is a constitutional nightmare.
One part of the law allows the police to hold people arrested indefinitely until their immigration status is verified. What it means is that American citizens who look like illegal immigrants because they have brown skin and who are suspected of a crime can be held indefinitely without trial. This part of the law violates the due process clause in the Fifth Amendment and the equal protection clause in the 14th Amendment. SB 1070 flushes fundamental American civil liberties down the toilet.
The Arizona law states that “the intent of the law is attrition through enforcement to deter the unlawful entry and presence of illegal aliens.” Well, you have a constitutional problem right there. Article I, Section 8 the Constitution clearly gives Congress, not the states the power “to establish a uniform Rule of Naturalization.”
The state says it had to act since the feds haven’t acted. There are several problems with this argument.
The reason that the founders gave Congress the power to regulate immigration is that there would be chaos if each of the 50 states did the same thing and created their own immigration policies.
For another thing, the logic of the Arizona argument is the same thing as saying that it or any other state could declare war against another country if Congress didn’t. Article 1, Section 8 not only gives Congress the power to set rules of naturalization, it also gives it the power to declare war. And why not let the states instead of Congress have the Article I power to coin money. Of course that would lead to economic disaster. I don’t know about you but I don’t have the math skills to figure out the exchange rate for financial transactions between Maryland and Virginia.
Finally, the state’s argument that the feds are not acting is just wrong. Illegal immigration has slowed steadily in the last few years. There has been a large increase in the number of Border Patrol agents stationed on the Mexican border. And the Obama administration has deported record numbers of illegal immigrants convicted of crimes. But supporters of SB 1070 just want to overlook the facts so they can sustain their prejudices.
George W. Bush and Barack Obama proposed a solution to the problem that doesn’t even violate the Constitution. These presidential proposals would intensify enforcement of immigration efforts at the Mexican border, penalize employers who hire undocumented workers, and create a path to citizenship for people in the U.S illegally. Congress failed to act on either of the proposed laws. Even though the two presidential proposals are similar, several GOP senators who supported the Bush proposal now oppose the Obama bill. Go figure.
After the court issues rules on the Arizona law in June, the justices should disperse as quickly as possible because whatever they do, there will be a lot of very unhappy people out there.
By: Brad Bannon, Washington Whispers, U. s. News and World Report, April 19, 2012
“No Passive Resistence”: GOP’s War On Free Speech Intensifies
Dems have been faulted by conservative journalists for excessive political hyperbole in using the term “war on” in connection with GOP campaigns against unions, young voters, people of color, undocumented workers and women. Call it what you will, there shouldn’t be much doubt that Republicans are dedicated to undermining the political and citizenship rights of these groups.
Not content to wage a war on voting against pro-Democratic groups, it now appears that Republicans have declared a war on free speech as well. We had a staff post yesterday on the draconian anti-picketing bill now making it’s way through the Republican-controlled legislature in Georgia. Today DemocraticDiva Donna Gatehouse has an equally-disturbing blog, “AZ Legislature Attacks Civil Liberties” up at AFL-CIO Now. As Gatehouse explains:
…Women’s and reproductive rights groups will undoubtedly be at the state capitol to speak out against numerous shocking and intrusive anti-abortion and anti-contraception measures before the legislature this session. The GOP majority is apparently so frightened by this prospect it’s trying to make it a Class 1 misdemeanor to engage in “passive resistance.” Common nonviolent protest tactics such as going limp when the police try to remove you from an area or chaining yourself to something could get you up to a six-month month jail sentence.The deadline to introduce new bills has passed but Arizona has a maneuver, called a “striker,” that permits legislators to introduce bills beyond it. They strike out all the language in a previous bill and replace it with a new, and often totally unrelated, bill. It’s supposed to be reserved for real emergencies but it’s used for all kinds of bills, and usually to railroad them through the process with little time for public comment or debate. In this case, the “emergency” is lawmakers facing the unbearable thought of citizens calling attention to their outrageous and undemocratic agenda in the public square.
Phoenix blogger Steve Muratore reports that the “no passive resistance” bill is the idea of Rep. John Kavanagh (R-Scottsdale), who has a long background in law enforcement.
…Apparently, he testified that law enforcement officers are at risk of harm from Occupy protesters who passively resist…What harm? A hernia? Not if they lift with their knees as they’re supposed to.
Given the chance, today’s GOP would make criminals out of American heroes like Martin Luther King, Jr. and John Lewis, who tapped the power of nonviolent protest to strengthen America’s rights of free expression, freedom of assembly and free speech. During Dr. King’s lifetime, there were some Republican leaders of patriotic integrity who stepped up and took a stand in support of the first Amendment rights of protest and free speech. It appears that none who can meet that standard remain in today’s GOP.
By: J. P. Green, The Democratic Strategist, March 21, 2012
Arizona’s “20th Century Boss” In 2012: Using Birth Control? You’re Fired!
First, a bill that gives immunity to doctors who lie to couples about the results of their prenatal tests in order to prevent them from getting an abortion. Now, a bill that would give your boss the green light to fire you for using birth control. You think I am kidding? I wish. For a decade now, Arizona insurance companies have been required to provide coverage for contraception just like other prescriptions. But, because they saw an opening to score some political points, some politicians there are suddenly moving to take that coverage away from women and their families.
And we aren’t talking here just about exemptions for religiously affiliated employers like Catholic hospitals and universities. We are talking about authorizing secular, for-profit employers to deny a woman coverage for birth control if the employer doesn’t believe that she and her partner should be allowed to have sex without getting pregnant. Yup, that’s right. If the owner of the Taco Bell where you work opposes birth control, Arizona legislators want to give him a legal right to deny you insurance coverage for your pills.
Sadly, that isn’t even the half of it. You may want to sit down for this one. Arizona legislators know that whether or not her insurance covers it, a woman may get the prescription she needs to prevent an unintended pregnancy. They want to give her boss the right to control that too. The bill they are pushing would not only allow employers to take the insurance coverage away, but it would also make it easier for an employer who finds out that his employee uses birth control to fire her. You heard me right . . . to fire her. And I thought Rush Limbaugh’s comments were as low as you could go on this one.
The Arizona bill has, incredibly, already passed one house, but we can still stop it. We’ve seen what can happen if we make our voices heard. So, if you’ve had enough; if you think the decision about whether to have a child is one for you and your partner, not your boss and your senator, I urge you to speak up now. Tell the legislators in Arizona to stop playing politics with women’s health and put personal and private decisions back in the hands of a woman and her family.
By: Jennifer Dalven, Reproductive Freedom Project, ACLU Blog, March 12, 2012
GOP “Ultracraziness”: Experts On “Lady Stuff”, Ultrasounds And Contraception
If the state of Arizona excels at one thing, it’s passing laws that make people angry. Today, an Arizona senate panel voted to give all employers the right to refuse coverage of birth control on their health-insurance plans. The bill is awaiting approval by the State Senate. Arizona Representative Debbie Lesko, a supporter of the bill, explained her rationale to the Arizona Star: “I believe that we live in America. We don’t live in the Soviet Union. So government shouldn’t be telling employers, Catholic organizations or mom-and-pop employers to do something that’s against their moral beliefs.”
In other contraception news, the controversial “Women’s Right to Know” Act, which would make it mandatory for women to have ultrasounds before getting abortions, made some more enemies today.
Republican Virginia State Senator Ryan McDougle, who backs the bill, received a barrage of posts on his Facebook page today from women who oppose the bill, asking McDougle for gynecological wisdom. One woman, complaining about her period, wrote, “frankly, I’ve had enough of this inconvenience — the costs of pads and pain reliever and all the mess — well YOU know how it is. You’re an expert on this lady stuff.” McDougle’s staff promptly removed the comments, but not before a screenshot was taken.
Pennsylvania Governor Tom Corbett also chimed in about the ultrasound bill. When asked if he thought it was going too far to make a woman look at her ultrasound before having an abortion, he replied: “You can’t make anybody watch, okay? Because you just have to close your eyes.” All in all, a rough day for Republicans and ladies.
By: Eliza Shapiro, Daily Intel, March 16, 2012
“Everyday Mitt”: A Few Of Mitt Romney’s Favorite Things
Mitt Romney Visits Michigan
“I love this state. It seems right here. The trees are the right height. I like seeing the lakes. I love the lakes. There’s something very special here. The Great Lakes, but also all the little inland lakes that dot the parts of Michigan. I love cars. I dunno, I mean, I grew up totally in love with cars.”
—Mitt Romney, February 16, 2012
Mitt Romney Visits Arizona
“I love this state, too. It seems right here. Even more right than Michigan. The heat is the right temperature. The spines on the cacti are just the right sharpness. I like drought. I enjoy canyons. I grew up totally in love with canyons. There were pictures of canyons on my bedroom wall. I also love mountains.”
Mitt Romney Visits the Dentist
“I love this place. I love drills and fillings. I love plaque, and also the removal of plaque. I like teeth that are inside the mouth, but I also like teeth that are outside the mouth. I grew up totally in love with novocaine. I’m addicted to novocaine. I wish I could go to the dentist every day, and get a shot of novocaine. My dentist is just the right height. He’s also approximately the right width.”
Mitt Romney Visits the Bathroom in the Coach Section of a Commercial Airplane
“I am absolutely in love with this place. The toilet is just the right size. I love cramped spaces that smell like human waste. I’m totally in love with used paper towels. I like it when other passengers flush the toilet, but I also like it when they don’t.”
Mitt Romney Visits a Department of Motor Vehicles
“I love this place, so much. The lines are just the right length. Not too short. I hate short lines. I love how this place hearkens back to a simpler time in our history, before we knew how to efficiently process people through a system that could very easily be automated. I grew up in love with civil servants struggling to perform simple tasks. There’s something very special in here. The eye charts. I love eye charts.”
Mitt Romney Visits Rick Santorum’s House
“I really love this place. I love tiny houses that only cost one or two million dollars. I grew up in a bedroom about the size of three of these houses. I love the domestic staff that works inside a house, but also the staff that works outside a house. Where is all the staff? I don’t see them. I think this house is terrific, especially given the size of Rick Santorum. I think he is the perfect depth.”
By: Jeremy Blackman, The New Republic, February 24, 2012
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