Thursday, July 22, 2010
Will Federal Judge Find Arizona Law Unconstitutional?
I'm going to stick with the following prediction I made back on July 6, 2010, at the Mayor Sam website:
"For what it's worth, and for the record -- we have a record, right? -- I think parts of the law are constitutional, and parts are not."
"The parts that merely require state law enforcement agents to enforce federal law are constitutional."
"The parts that create new punishments based on the same conduct prohibited by federal law, however, will probably be found unconstitutional (e.g., for "trespass" by being in the state illegally)."
"I think the courts will find that Congress intended to preempt the field when it comes to prescribing penalties for entering and remaining in the country illegally, but did not intend to prevent state and local law enforcement authorities from enforcing federal laws."
Posted by Walter Moore at 3:54 PM