Arizona’s newly passed law requiring police to determine the immigration status of persons suspected of being in the country illegally has created a firestorm of controversy in all the usual quarters on the left. Democrats and liberal pundits decry the state’s attempt to get a handle on its burgeoning illegal immigration problem as heavy-handed, inherently discriminatory, and racist. President Obama calls the law “misguided,” Rev. Al Sharpton promises “freedom walk” marches in the state if the law is not rescinded within 90 days, and San Francisco—the nation’s pre-eminent “sanctuary city”—has called for a boycott. This criticism is as expected as it is wrong.
But there are some on the right as well who are critical of Arizona’s actions, if not its intent. Among those critics is Matt Lewis, who penned an op-ed that appeared in The Daily Caller yesterday. In his piece, “Avoiding hypocrisy on immigration,” Matt argues that conservatives should be skeptical of the new law on the grounds that it gives too much power to government. Matt is concerned about discrimination against people of color, too. But primarily he thinks that conservatives are principle-bound to oppose the law.
“I can’t help but find the willingness of many conservatives to grant the police unprecedented power to question U.S. citizens in Arizona as somewhat ironic. Conservative activist Grover Norquist has dubbed the conservative movement the “leave us alone coalition,” and as Justice Brandeis might have said, this law infringes Arizonans’ “right to be left alone”—free from government intrusion. Arizona Gov. Jan Brewer should have vetoed it.”
First, let’s establish what Arizona’s law does and does not do. It does not empower police to stop random people on the street and demand their papers, Gestapo-style, as many on the left have claimed. The law quite simply requires police to check immigration status with reasonable suspicion only after they have made “lawful contact.” In other words, the police have to have good reason to stop someone for some other reason before even getting to the immigration check. This power is not unprecedented. In fact, police in all 50 states already check immigration status in this way every time they ask for a driver’s license, since in most states, illegals cannot obtain one. Furthermore, the law specifically prohibits racial profiling as a tool. So the worries about discrimination seem themselves to be an emotional overreaction.
The charge of hypocrisy leveled here from the right echoes an argument that liberals and Democrats have used, to great effect, against Republican and tea party activists on the issue of government spending and deficits. Namely, that conservative criticism of the Obama administration’s profligate spending habits should be dismissed because Republicans ran up deficits when they were in charge. Proponents of this rationale often cite the Bush Administration’s “unfunded wars” in Iraq and Afghanistan, among other things, to make their case.
What these arguments have in common, and where they go wrong, is that they treat all government actions as inherently the same, without regard to whether or not they spring from a proper role for government as defined by the Constitution. Therefore, spending on a war in Iraq is equal to spending on welfare programs. And government “intrusion” to check immigration status is the same as government restrictions on gun ownership. But this equivalence of government actions is a false one. All government spending is not the same, and neither are all enforcement actions.
Conservatives argue that the government should spend whatever money is necessary to protect the nation from attack, whatever the deficit implications. Defense is a basic responsibility of the federal government, and few but the most ardent liberals would argue that the US should not pay any price in its own defense. Conservative acceptance of deficit spending in this context does not preclude them from arguing that the government should not spend exorbitant sums to provide universal health care, for instance. Despite the Obama Administration’s insistence, health care is not constitutionally mandated. Therefore, conservative criticism of its deficit implications is justified.
Similarly, on immigration, conservatives may rightly argue that Arizona can have its police check the immigration status of people stopped for lawful reasons, while at the same time arguing that the government has no right to intrude somewhere else, as in private health care decisions. One is justified, while the other is not. There is no hypocrisy in expecting the government to enforce its immigration laws and to “leave us alone” when it comes to buying health insurance.
But critics of the Arizona law, left and right, have a bigger problem to contend with. Federal law already requires all resident aliens—i.e. green card holders—to carry their identification papers on them at all times. Arizona, then, has done no more with this law than the federal government itself.
Matt is right to say that immigration is a touchy subject that is fraught with emotion on all sides. Indeed, many of the nation’s political issues are. But in the case of Arizona’s new law, all of the emotional arguments appear to be coming from those who oppose the state’s actions. Conservative supporters of the law need not be reminded to make their arguments on principle. They already are.
Originally published at The Daily Caller.
Aaron Gardner
Moe Lane
Steve Maley
KnightsofMalta
Dan Spencer
Dan McLaughlin
Matt Lewis included this example
phxg (Diary) Wednesday, April 28th at 4:28PM EST (link)There is little doubt that Mr. Krentz was killed as a result of his activities to quell illegals trespassing on his land on their trek north. However, there is much more to this story than just “An Illegal Did It”.
The area where Mr. Krentz lived is called the Chiricahua Corridor, the area
And a well known smuggling trail ran thru Mr. Krentz’s property, and like most self-sufficient rural types, he took it to task to block the invaders. And as a result, was murdered not by the illegal, but by a drug cartel “scout”.
Sealing the border is the only way to quell the flow of illegal immigration. PERIOD. AZ 1070, which I do agree with most of it, may drive illegals elsewhere, but still does not address the underlying problem. It’s like taking Tylenol for skin cancer.
It is the mark of an educated mind to be able to entertain a thought without accepting it. –Aristotle
Agreed.
iowapresidentialwatch Thursday, April 29th at 8:57AM EST (link)"In defense of our
persons and properties under actual violation, we took up arms.
When that violence shall be removed, when hostilities shall cease
on the part of the aggressors, hostilities shall cease on our part
also. "
-Thomas Jefferson
Can I steal that picture?
AzHat (Diary) Thursday, April 29th at 2:00PM EST (link)I hope so, cause I just did!
Thanks from the lawless land called Arizona. /sarc
Government is too important to be left to the Government.
I love that picture!!
DavidS1787 (Diary) Thursday, April 29th at 4:36PM EST (link)and the small paragraph.
Amen.
deano64 (Diary) Wednesday, April 28th at 4:30PM EST (link)Great post on this subject.
Precinct Committeeman before it was cool.
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.”
Alexis De Tocqueville
Not entirely accurate
aesthete (Diary) Wednesday, April 28th at 4:57PM EST (link)“Lawful contact” simply means any contact with a citizen that isn’t unlawful while on the job. They don’t necessarily need to articulate a reason to initiate said lawful contact.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
It's in the law
Mark Impomeni (Diary) Wednesday, April 28th at 6:25PM EST (link)The law says that the police may gather evidence of status for people they have stopped on probable cause of some other offense. Now you can argue that they will make up reasons to stop suspected illegal aliens. But I think the police have better things to do.
———————–
Damn the Obama! Full speed ahead!
For some, all local cops are pigs...still
Vassar Bushmills (Diary) Thursday, April 29th at 7:10AM EST (link)My brother runs a small business in Yavapai County. Nearly 60 he moved out there in 1970, to smoke dope and swim naked up Sycamore Canyon., Called them pigs then, calls them pigs now.
I practiced law then and found that a couple indeed were. Most aren’t, still, with some, the presumption is that if they can, they will push the envelope.
The point is these kinds of constitutional oversteps would not necessarily derail the constitutionality of the law on due-process or 4th Amendment grounds. A judge just tosses the arrest or evidence gathered. As long as the AZ protocols, the rules of engagement, the standards are within constitutional muster, there is no basis (on those grounds) to declare the law unconstitutional. The past several days have borne that out.
Inasmuch as the state law mirrors the existing federal one, no matter how under-reported that is in the media, the only real constitutional issue is whether the state can assume to itself enforcement of laws reserved in the Constitution to the federal government.
That was the roll of the dice AZ took last Friday. I have strong political reasons for wanting to be on AZ side of the line drawn in the sand, but acknowledge this to an iffy outcome, albeit one of first instance, in that (and this can evidentially proved…what a trial that would be) the federal government not only has abrogated its duty to protect the borders (and citizens) but has done so intentionally. Local law enforcement has arrested some of these illegals up to 30 times, only to be released or returned easily. It seems the Deportee Trail is a revolving door.
Obama/Democrat Party interest here is the need for these illegals in elections around the country. Not really that hard to do once off the border and into the grip of a local organizer. We even have those in Richmond area.. The drug cartels also have their reasons, and the Mexican government has its.
Our reason is to reduce the power of the federal government to claim supremacy and preemption, which they have been increasingly doing since Earth Day, 1970, in a whole host of areas, by telling states their laws either equal federal standards or claiming exclusive jurisdiction…usually on the commerce clause. (I can’t take a leak in by backyard without creating a “Navigable” stream that is in “Interstate commerce.”)
Of all federal jurisdictions, the border is the toughest to challenge, but Arizona has done it. As a political fight this is very winnable., while the courts are lining up what to do. By the timer they hear it, up the line, there may be a few more states may be involved.
To the MCSO
phxg (Diary) Thursday, April 29th at 5:46PM EST (link)a license plate light being out (not both, just 1) or a chip in the wind shield is adequate reason to make a stop. That’s the bread and butter to the MCSO; not the transporting prisoners to court.
It is the mark of an educated mind to be able to entertain a thought without accepting it. –Aristotle
Great Points
clowngirl (Diary) Thursday, April 29th at 2:57AM EST (link)on the proper role of government and from what you’re saying it sounds like the Arizona law is doing nothing more than calling for the enforcement of laws already on the books. This is a concept that should be expanded on: for example with the Bill of Rights and the Constitution. If an elected official violates any provision they should be sent home!
Right on Erick.
dwscho Thursday, April 29th at 9:40AM EST (link)I agree wholeheartedly with your position on this issue. Arizona is doing nothing more than is already authorized under exisitng immigration laws. The only difference is they are actually going to take steps the federal government isn’t to stop the flow of illegal immigrants.
I think it’s telling that those protesting this law don’t support our country’s right to defend our borders against illegal immigration. You can darn well bet that if illegal immigrants and drug smugglers were running through their backyards, they would be screaming for government to protect them. As for Al Sharpton, he should stay in New York. Arizona doesn’t need a hate monger stirring up the locals.
Clowngirl has it right.
realskinny (Diary) Thursday, April 29th at 10:36AM EST (link)Just about everyone—including conservatives—who have written against the Arizona law does not know what the law says. You should check out Kris Kobach’s column in the Washington Times. The law specifically denies police the right to use racial or ethnic profiling. It mirrors current Federal laws. There are no new requirements of immigrants, legal or illegal.
Why do so called conservatives believe the lies being told by the propaganda media? This includes Fox News. Last night, Shep Smith mis-characterized the effect of the law and the crawl on the screen contained outright lies. We all know the police occasionally overstep the bounds. But really, with whom do you wish to side—the American police or the criminals who violate the border?
realskinny- Shep Smith
Scope (Diary) Thursday, April 29th at 11:06AM EST (link)is a leftie, and always has been. He is also a greenie, and PETA supporter. When Shep Smith comes on, my TV goes off.
Yep. Also, Gerry "Geraldo" Rivera.
cwilson (Diary) Thursday, April 29th at 4:19PM EST (link)The two Fox News “off button stimulators”.
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen! –Samuel Adams
cwilson- It's even worse than that
Scope (Diary) Thursday, April 29th at 7:36PM EST (link)with Fox News Network. Have you ever had Fox NEWS” on, just playing in the background, during the day, including weekends?
What I believe has happened with Fox is that the dumbo, bimbo people they have hired to do shows such as Fox and Friends, and other programing, are reporting what is in the news, controlled by the leftists. The leftists control the message. The bimbos haven’t been hired to “interpret” the news, they only take scripts before them and run with it. I’ve seen one after the other, report something that we already know not to be true, and has already been debunked, and report it as “fact” “breaking news.” Fox is as complicit with journalistic propaganda as are the rest of the MSM. These bimbos just repeat what is similar to what would be in the NYT. No questions, no analysis, no intelligence in their reporting. Just repeat machines, and, I’m sure they get paid big bucks to read an unseen teleprompter.
While I wouldn't necessarily call them all "bimbos,"
Flagstaff (Diary) Sunday, May 2nd at 12:22AM EST (link)I do agree with your general observations. Only in the last day or so have they taken to calling the law “anti-illegal immigration” on Fox Radio news.
Fox TV hosts routinely mis-state the facts of the law.
The lesson is, “Don’t trust anybody who tells you anything. Check it out yourself if you can. If you can’t, assume that a left-wing concept is wrong and a right-wing take is the correct one.”
“The press is so powerful in its image-making role that it can make a criminal look like he’s the victim and make the victim look like he’s the criminal. If you aren’t careful, the newspapers will have you hating the people who are being oppressed and loving the people who are doing the oppressing.”– Malcolm X, Audubon Ballroom, December 13, 1964
Megyn Kelly
cwilson (Diary) Monday, May 3rd at 10:42AM EST (link)was one of those morning show blondes, who now has her own show 1-3pm.
I remember good things about her:
here and here.
Has she joined the lemmings, too?
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen! –Samuel Adams
She's a lawyer and it shows when she questions guests.
Achance (Diary) Monday, May 3rd at 10:52AM EST (link)So is Jamie Colby. Most of the FOX blonds are pretty sharp; it’s the men who are dumb as stumps mostly, starting with Shepard Smith and most of the FOX and Friends guys, but pretty much none of the male “newsreaders” have impressed me; take the telepropter away and they’re as clueless as Comrade Obama.
In Vino Veritas
I'm hoping that this will work
bay0wulf Thursday, April 29th at 11:01AM EST (link)The fact that Arizona is just specifically stiffening the enforcement of Federal Laws that are already on the books (in this instance) should allow it to go forward with a minimum of problems. Not that I think that all Federal Laws that are on the books should be enforced.
What I would hope is that the neighboring states, especially those with borders on Mexico, adopt the same practice. This would be extremely helpful in stemming the tide … like a levee on a river. I would hope that other states adopt at least the punishment aspect of employers of Illegal Immigrants.
I would like to actually hear the Federal Government address the thought of “Sanctuary” cities and/or states (which are in flagrant disregard of existing laws) by telling them something along the lines that … if that’s what they want to be … that’s fine BUT … they will have to do so at the cost of losing their Federal and State financial support. I may not be “for” Sanctuary locations but I guess its their right to do what they think is right … but they should not be allowed to do it on someone else’s back. If their citizens and constituency are willing to pay the price, then let them
Arizona
Lammo (Diary) Thursday, April 29th at 1:26PM EST (link)Doing the job the Feds won’t do.
I just don’t get it. The libs should be all over this. Isn’t “Don’t ask, don’t tell” one of the main things they want done away with? All Arizona has done is remove DADT as applied to illegal immigrants.
Don’t be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)
Credit to Michelle Malkin
Lammo (Diary) Thursday, April 29th at 1:57PM EST (link)for the first part of the above. It’s the title of a post on her site from 04-23. I don’t think I saw it and believe I thought this up on my own but I’d hate to be thought of as ripping her off (and it certainly bears repeating). AFAIK, the DADT bit is my own original thought.
Don’t be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)
What if this were Florida? & the real war brewing
cactusjack Thursday, April 29th at 2:54PM EST (link)What if this were Florida and the track record for hispanic in-migration the past half century, legal or otherwise, led to the creation of a fire-eating anti-Communist, pro-Republican voting bloc centralized in Miami, to wit – the Cuban-American community (the invisible Hispanic community that doesn’t deserve any recognition as far as the MSM is concerned)? Where would Obama, Pelosi, Reid and Reid’s invisible friend be on this whole issue then?
Methinks three carrier battle groups would be deployed around Florida to protect our “national security.”
Having lived & worked on the TX-Mexico border for awhile, I tell anyone who will listen, illegal immigration is bush league compared to what’s coming. The Cardenas government of Mexico has lost control of their nation, in a strip about 50 miles into Mexico all along the border. It is ruled by viscious drug cartels who have in their employ, special forces trained commandos (the “Zetas”) who have automatic weapons, RPGs, simtex, and no compunction using them liberally – plus more tradtional means such as beheading and mutilations. It is a free fire war zone. Thousands on the Mexican side are dying, and now more and more Americans are getting caught in it. Mexican nationals and the last few honest law enforcement officials are running the border into Texas, not for jobs, but for their lives. The Governors are begging for National Guard OR regular military (there are exceptions to posse comitatus) back up. We have a true national security crisis about to go “hot”on the southern border but you’ll never hear it from Obama and the MSM. They’re still trying to find a map of “Greater United States outside the Beltway” so they find some agricultural labor lobbyist from Chicago to consult with on this issue. On second thought Michelle is now a world renowned expert on agriculture and labor, she can handle it.
I'd dump the farm states out of the Republican coalition
hickorystick (Diary) Thursday, April 29th at 4:03PM EST (link)in a heartbeat, If we could add some northern post-industrial states to replace them. These industrial farmers suck. And their greed for cheap labor, and the crappy product they produce, is killing us.
Fox News
bheld Friday, April 30th at 3:40AM EST (link)I am getting sick and tired of hearing “fair and balanced”. The simple truth will do nicely, thank you. Bill O’Reilly is in the tank for Obama. His favorite refrain about BHO is: “To be fair to the President….. “. He is a shameless sycophant and is not looking out for me. His own self interests are apparent. His ego is as big as a barn. I detest watching his co-workers cower in front of him.
AS I stated on
gunslingr45 Friday, April 30th at 9:58AM EST (link)the “NRSC Endorsed Charlie Crist Bolts the GOP. Won’t Give Back Donor Dollars.” piece, The not so conservative base of the GOP needs to be KICKED HARD to the curb!
WTH ever happened to the “rule of law” that was also a base of our parties beliefs?