The Rights of Arizona

Statement

Date: May 14, 2010

No matter what you think of Arizona's recent actions concerning its illegal immigration policy, there is something important to recognize. Arizona's law is within the jurisdiction of the state, and it is making a difference.

These things are much more important than the correctness or impact of the law itself. The state has power and it can wield that power to solve its own problems. Even President Obama, who criticizes the law as misguided, recognizes that the federal response to its own laws is inadequate. By not dealing with enforcement or modification of federal law, the gaping loophole left for the state is best handled locally.

An important aspect of the whole issue in Arizona is that state law is being applied effectively. Just as important, the federal government has no legal response. The only response from Washington is a lot of huffing and puffing. There is no substantive action being taken in Washington and this is a lesson to all states. When action is taken in defense of state citizens, the state is simply exercising its rights as described in the 10th Amendment.

On a side note, let it be said that immigration is not in the national jurisdiction as set by the Constitution of the United States. In fact, the Constitution puts naturalization as a national function, but handling immigration is, in fact, a separate issue. As such, Arizona did not breach the Constitutional separation of powers between Washington and the states when it set its current policy.

Congress has shown repeatedly that it is incapable of solving the real problems that face our states. Yet they attempt to undermine state powers at every turn in their effort to flex their political muscle. In fact, this is the source of so many of our problems at all levels. Congress' fiscal recklessness has been applied to every corner of the economy and states have caved in to their own detriment.

It is past time that the states stand up and be counted. It is possible that the powers inherent in the states, as detailed in the 10th Amendment of the Bill of Rights, may be our only hope to solve our problems. Congress and the President have certainly shown that they don't have the answers.


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