Only Two Real Political Choices for the Arizona Guv now that Immigration Bill is law


Squeaky Wheels or Rolling Thunder. Your choice.

I think it’s timely for me to keep a notion alive I raised only the day before Gov Jan Brewer signed into law the “tough” new immigration bill that requires Arizona officials to begin actually enforcing laws that have been on the books since territorial days. My suggestion was to draw a line in the sand (or a smack down) when the President oversteps his bounds, as he seems increasingly inclined to do, and which he did just before Gov Brewer signed the bill. He also issued a veiled threat. She did not blink. Good for her. Her actions could be the start of a nationwide line in the sand by the states.

Just what a “line-in-the-sand” means.

In earlier comments here I’ve noticed a lot of back-and-forth on the right strategy, proper interpretation of the laws, etc. I want to caution everyone that when a line is drawn in the sand, you want to get everyone you can over to your side of the line, and save the hairsplitting for later, when it’s over…if you win. That’s what the boys in Philadelphia did in 1776. They postponed the fine-tuning of their arrangement for what ended up to be 11 years, and instead dedicated their “lives, fortunes and sacred honor” to kicking John Bull out of the country. First things first.

Governor Brewer has drawn a line in the sand. The only question; is it just an illusion, or, as the people of Arizona believe, for real. For Governor Brewer she must first contemplate who she’s working for, or, as it was for her predecessor, who she’d like to be working for in the future. I don’t know her heart in this regard, so the first few days, like any sitzkrieg, will tell us where she really stands and which of those two options she most favors, and it will be noticed first in her tone, her demeanor, her backbone, and her sweaty palms, for she is going to be squeezed, and squeezed a lot the next several weeks by all those Squeaky Wheels.

This is about where we are now with Obama. Gov Brewer, in the most polite of ways, laid a right cross on his chin, which he seems to like to lead with. Good show, for in fact, he has backed off, and will, for the time being, sic a whole bunch of little yapping dogs to hold protests, parades, file law suits and fill the air waves with accusations of racism, profiling and the denial of what is now universally seen as an undefined and as yet unpromulgated right to go just about anywhere you please, especially if you hail from south of The Ditch.

The Squeaky Wheels vs The Rolling Thunder

So, for the time being she does not stand against the mighty forces of the Federal government. Instead the Squeaky Wheels will be sent to test her, and if possible, see her (and the law) undone simply by talking big and suing it into insignificance…but that is not to say they are inconsequrntial. After all, they were able to bring the federal government under GW pretty much to its knees, lest it be accused of those very charges. They are not without great power (or money), those Squeaky Wheels, for they carry the most effective “loaded” revolver in America,  Racism.

I don’t sense a great deal of political correctness here on RedState, but we always seem to fail in getting our collective backbone insinuated into the political discourse at the governmental level. We should continue to try, however, for the times they may be a’changing. Rolling Thunder, you see. The People going all philosophical, you see. They ain’t your daddy’s Oldsmobile. For one, I’m all for profiling, as every sensible American seems to be, while only those yapping dogs seem to be against it. But picking a young Arab male making furtive glances out from the midst of 75 nuns about to board a jet to Lourdes is one thing. But in a state where 30% of the legal population is Hispanic/Mexican in origin, picking out an illegal from among them is another.

Personally, this isn’t a problem with me, as I’m quite certain this was discussed in the hearings leading up to the vote in Arizona. I’m sure the police had their input, and rules and protocols were at the ready long before Gov Brewer picked up her pen on Friday. Obama knew it. Brewer knew it. And the yapping dogs knew it. More importantly, what the Governor also knows and perhaps the President refuses to, is that the state of Arizona had every legal power to do this, and only a showing of a gross disregard for basic human rights could limit or abrogate that power. The Squeaky Wheels claim human rights that do not yet exist and at some level the courts will agree. Moreover, the very essence of “federal preemption”, which began in the 1970s, is now back under the microscope and under challenge, for the simple reason that the basis of preemption was that the feds could do it better. They can’t, and the proof is in the pudding, on the border.

The political reason the Squeaky Wheels are there is to keep the Arizona government (GOP) on the defense, forever having to protest their innocence in advance of their actions…to the point of making that law just as impotent as previous federal laws designed to protect the borders. Objective: Keep those borders porous (open). I advise against this for no simpler reason than “Look how well Bush did it this way.”

The Arizona government’s choice is clear…the Squeaky Wheels of several small, well-financed NGO’s, or the Rolling Thunder of 70% of its population…and how that choice will be portrayed, Madame Governor, not only to the people of Arizona, but also to the people of New Mexico and Texas, and quite frankly, the whole of the United States, (where that number is surprisingly close to 70% as well), will be found in the tone of your voice, plaintiff or resolved, and the simplicity of your answers, so that everyone will know you are talking to that 70%, not those 200-300 chattering dogs. You can back water, and forever and a day bray at the media about your good intentions and honest motives, and dispirit your police into immobility in the process, or you can tell the Squeaky Wheels to stick it.

Now, Michael Steele will counsel you otherwise, but they ain’t exactly picking winners right now. Ask Charlie Crist. Don’t let club membership destroy what you’re trying to do, for in all likelihood the RNC is just another squeaky wheel to contend with. And never forget that Rolling Thunder at your back. And for the life of me I don’t know why you bother to maintain an office in Hermosilla and Guadalajara anymore. I used to go there in the 70′s to pick up prisoners. The Squeaky Wheels you find camped on your doorsteps are probably the only NGO’s in America that are receiving financial support (on the payroll) from both the Mexican government and the drug cartels, who are supposed to be locked in a war with one another. Mexico has a corrupt, authoritarian government who increasingly has ceded it northern states of Chihuahua and Sonora over to the crime families, and sorely needs to release that pressure valve of poverty inspired by its policies, not to mention to get some money back through Western Union each week. And those crime families need mules, many of whom, it seems, keep forgetting to pick up their prayer rugs before making that last mad dash to the north side of I-10.

Let them nip at Obama’s heels, not yours, as they will if you spit in their eye. Yapping dogs have to yap in some direction, make it his, not yours. In Arizona, as in every state, there are laws that allow the state to punish those who impede or stand in the way of law enforcement. Use it. I used to live there. Jails are easy to build. Just a few hundred yards of razor and barbed wire, tents, and 100-200 guard rattlers. So put them in there alongside the illegals. And please, start calling them “illegal” again. Besides, if it’s any consolation to you, even John M’Cain thinks you’re right…and will continue to do so right up to the day of the primary. You can count on it.


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Joe Arpaio should run for governor of AZ...

LaborUnionReport (Diary) Sunday, April 25th at 6:27PM EST (link)

or become Director of Homeland Security.

He was on Geraldo this weekend and, as always, articulated that what is right is right: It’s the rule of law.

AZ (and the border states) are in a war and the Feds are sitting around with their thumbs in their rectums…purposely.

BHO doesn’t want to strengthen the borders because he’ll alienate the Left and the unions.

That said: NOW is a good time for the GOP to start getting some ideas out there (other than mandatory Federal ID cards for EVERY U.S. worker).

This problem needs to be solved.

“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776

In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand

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Vassar, I don't think I'vebeen able to say this

aesthete (Diary) Sunday, April 25th at 8:38PM EST (link)

about any of your other posts, but in this instance, you’re absolutely wrong: SB 1070 is bad for AZ, likely violates the Constitutional rights of its citizens through its broadness, and will do very little to stop or prevent illegal immigration.

First, on the comparison with profiling at airports: one has the choice of whether or not to take a plane to one’s destination. Unless I’m mistaken, one’s choices are more limited in whether or not one can be hispanic or not. “Reasonable suspicion” to bring in and detain someone without papers is left undefined. Do police departments have their own policies in place? Probably, but so what? I’m sure that death panels, whatever shape they end up taking, will have wonderful and copious amounts of legalese coming from inside their department. Such interdepartmental assurances from government agencies rarely allow for real legal recourses for citizens whose private livers are hampered by abuses. 30% of AZ’s population will be put on the defensive in any encounter that they have with the police, and are assumed illegal until they have provided evidence to the police simply by virtue of having brown skin.

That’s only the tip of the iceberg in examining the unintended consequences of this overbroad provision: there is also the question of whether or not such a provision is Constitutional. Notwithstanding 14th Amendment challenges (which may succeed in the real world, but which I don’t see this law as a violation of the Constitution), the 4th provides assurances against unreasonable searches. Here’s the text: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Seeing as how AZ’s law doesn’t even begin to provide “probable cause”, and instead leaves such matters up to the officer or department’s discretion, I could see a strong case emerging from any abuse of this generous provision.

For the utilitarian who doesn’t concern himself with the human rights and Constitutional ramifications of this legislation, there’s still good reason to oppose it: it does little to solve the problem long-term. How will the police use this provision? They are already undermanned and understaffed as is. Will we assign police officers to look for illegals, thus taking them away from other crime? Will the police be expected to make use of this power regularly? There is very little evidence that giving 30% of AZ’s population a once-over is efficient. Governor Brewer has already backpedaled on the obvious implication of this provision by stating that this bill will not be used for profiling, which removes the little utility that this bill would have in stopping or slowing down illegal immigration. I await the spectacle of watching kindly Caucasian ladies detained for their papers in an attempt at being PC.

Mind you, this isn’t about racism: a naturalized citizen originally from El Salvador helped design the bill, and the conservatives who I know that support the bill don’t do so out of racial prejudice. Nonetheless, it will have the effect of increasing tensions among hispanics and whites, and will increase ethnic solidarity, if only because the bill encourages the police to treat all hispanics as potential illegals and lawbreakers. (Watch as supporters of the bill use this increased solidarity to claim that increased hispanic immigration would be bad.)

The real boon of SB 1070 is the continued effort to penalize businesses that hire illegals: that is a proven, relatively uncontroversial way to reduce illegal immigration, and avoids the thorny issues mentioned here. Unfortunately, the controversy surrounding the “reasonable suspicion” bit makes it likely that the positive steps towards employer enforcement will be ignored.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

aesthete, the REAL boon of the bill is that the Gov. signed it in the face of Obama's threats and

janis (Diary) Sunday, April 25th at 9:14PM EST (link)

disapproval. As to your assertions about the bill, I haven’t read it and cannot dispute your opinion on it. But I can say this: in Tennessee, where many, many communities got fed up with having to deal with the illegal immigrant situation, sheriffs in many counties got certified to administer the 287G program that allows them to deport illegal aliens who are convicted of crimes without having to wait for the feds to do it.

The program has been a success where it has been implemented. There have been howls about racism, but there always are from the libs and from the Hispanic Chamber of Commerce and from the churches who are so big on “social justice.” MS-13 gang members have been deported and so have those who have been serial offenders of drunk driving, driving without a license or any insurance, rape, burglary, assault, etc.

In other words, those who have been picked up were picked up for a reason, not because of the color of their skin, but because of the content of their character– or lack thereof.

Actually, no Janis.

mbecker908 (Diary) Sunday, April 25th at 9:45PM EST (link)

I agree with aesthete on this and in reality so do you. The issue is this.

1. Anybody, at least in Maricopa County – I’m not familiar with others but I’m guessing they do the same thing – who is arrested is checked for immigration status. That would be everybody including lily white folk. That’s where the dramatic increase in ICE deportations have come from. There are NO legal or constitutional issues with this.

2. Employer sanctions can and should be expanded and made much, much tougher. Now that E-Verify is available, and is free and instant, there is no excuse for hiring an illegal. It should be a felony with very heavy fines. Again, NO legal or constitutional issues.

3. Require proof of legal residency to apply for ANY state benefit or to register for school. Probably some legal issues on the school part but worth the fight.

I really don’t want cops randomly – and that’s what it will be in practice – checking “papers”. And, to make Arizona a really unfriendly place to be an illegal alien, we don’t have to. Take away their jobs by making employment a felony for the business owner, take away their ability to get state benefits and they’ll leave.

This is what happens

SteveLA (Diary) Sunday, April 25th at 10:15PM EST (link)

mbecker

While I tend to agree with the sentiment behind the new AZ law, this is the sort of madness that tramples on the constitution and will be used by the Left to demonize those who try to do something about the invasion of illegal aliens

“PHOENIX – A Valley man says he was pulled over Wednesday morning and questioned when he arrived at a weigh station for his commercial vehicle along Val Vista and the 202 freeway.” Source and video at AZfamily.com

This event occurred Wednesday before the new law was signed by the Governor and it appears that this was ICE in action, but you can bet that the left will be all over this story and frankly I’m not all that trilled. JD probably was tickled pink, but that’s another rant.

If this guy had a valid AZ commercial license, driving a company truck (not sure about that), stopped at weigh station and basically just going about his business like anyone else should be able to do under the 4th amendment, what the heck were the ICE guys putting this guy into custody?

Is there more to the story?

______________________________________

Competency over ideological purity and litmus tests

The quote from a member of the open borders crowd

The_Rebel (Diary) Sunday, April 25th at 10:39PM EST (link)

shows their fear-mongering and demonizing is in full gear:

“I can’t imagine Arizonans now reverting to German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation.”

That was Cardinal Mahony, the Archbishop of Los Angeles. The law does not require anyone to turn in anybody. Nice try, Cardinal.

Sharpton is now threatening to march in Arizona.

The new law’s effects will be greater than what the sponsors had hoped thanks to the left’s overblown claims, thus drawing so much attention to it. And, lest the MSM ignore this, 70% of Arizonans approve of this law.

But it may not be constitutional

SteveLA (Diary) Sunday, April 25th at 10:55PM EST (link)

Constitutional provisions under the 4th Amendment are pretty clear when it comes to search and seizure, and have been many court cases on what constitutes a reasonable stop and search by law enforcement. AZ is going to be under intense scrutiny by the Obama DOJ on how this new law is acted on, and it will only take a few cases, heck even one, of someone acting stupidly for the whole law to be thrown out on the basis of the 4th amendment.

I’d like to see CA pass a similar law but different in one key point, someone must be under “arrest” before they can be questioned about their legal status. Lefties won’t like that ether, but I tend to think that going after criminal illegal aliens is a good thing to start with.

______________________________________

Competency over ideological purity and litmus tests

 

The real point here Rebel is that we could have

mbecker908 (Diary) Sunday, April 25th at 11:01PM EST (link)

accomplished ALL the good stuff without giving local cops carte blanche to hassle people. Take away jobs with serious employer sanctions, take away access to state benefits, illegals will go elsewhere. And all with virtually no legal issues for the state or cities.

All it takes is one liberal mayor or sheriff to set the test case.

Achance (Diary) Monday, April 26th at 11:34AM EST (link)

They’ll go out and deliberately flaunt the Constitutional rights of a suspect or just a person detained for officer safety or such and there’s the case that the right federal district court will use to first stay and then overturn the law, the 9th Soviet will, of course, side with the illegals and uphold the district court, and by the time it gets to the USSC, if they even take it, at least the ’10 and maybe even the ’12 elections are past and the Left has been howling about racism every day in every way for the whole time.

In Vino Veritas

You may not have noticed

Raven (Diary) Monday, April 26th at 12:06PM EST (link)

But howling about racism isn’t doing the Left much good anymore.
People are tired of hearing it.

“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36

 

I'm guessing, Art, that the first lawsuit gets filed

mbecker908 (Diary) Monday, April 26th at 5:59PM EST (link)

at the latest by the end of the week by the Mayor of Phoenix.

 
 
 
 

I haven't seen the story, but I'm willing to believe it.

mbecker908 (Diary) Sunday, April 25th at 10:51PM EST (link)

And herein lies the problem. The bottom line here is that we can get 100% of the benefit of “tough immigration enforcement” without getting cops on the street involved at all. The only thing that will happen by giving cops a more-or-less free hand to “question” will be that the courts will be clogged with lawsuits that the cities, counties and state will lose.

Please note several things:

1. It was the feds not local police.
2. An AZ state ID is proof of citizenship – requires a birth cert to get one.
3. He’s gonna retire.

How secure is one

SteveLA (Diary) Sunday, April 25th at 11:00PM EST (link)

mbecker

How secure is a AZ ID? Easy to counterfeit or not in other words?

Here in LA, there’s tons of counterfeiting of California ID’s, heck McAuthor Park in downtown LA is well known as a place where illegals get good looking ID’s.

The story I linked does not say what sort of ID this guy presented, but assuming it was a valid and not suspect AZ ID, I don’t get what ICE was up to. Maybe JD was filming a commercial there or something for his campaign and there was a need for fall guy.

______________________________________

Competency over ideological purity and litmus tests

AZ IDs are no more difficult to counterfit than any other.

mbecker908 (Diary) Sunday, April 25th at 11:06PM EST (link)

The problem with a counterfeit ID is that, while it will work at a car rental place or a check cashing place – and maybe a bank for a while – they don’t work at all with cops. They run every ID they pull and verify the numbers and info. Fake ID is a felony.

The story said he indicated he had a AZ Commercial DL. That should be all he needs. Like I said, he’s retiring soon.

Oh, and I forgot above, the new law doesn’t take effect in AZ until 90 days after the end of the current legislative session.

 
 
 

Sounds like a legit stop

GregInFla (Diary) Tuesday, April 27th at 11:36PM EST (link)

The new law says that the drivers license would be sufficient, so AZ police would have let him go. Yell at ICE, not AZ.


– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.

 
 

Actually, becker, I stand by the comment I made.

janis (Diary) Sunday, April 25th at 10:44PM EST (link)

I was speaking of Tennessee which is the situation that I am familiar with. Plainly, I said that I had not read the bill and didn’t know the particulars. How it will play out is still up in the air since the bill was just signed and has not yet been implemented to my knowledge.

To my knowledge, people in Tennessee are not routinely checked for their immigration status. But those who are arrested and cannot produce proof of residence, job status, have no driver’s license, cannot speak English, have no record of being born in this country nor of being here on a visa of some type, well, those people regardless of their race or ethnicity have a problem. Again, these are people who have been arrested for some infraction of the law.

As to cracking down on employers, of course I’m all for that! It’s happened here in recent years, mostly at Tyson Chicken plants and a few restaurants. It needs to happen a whole lot more.

Janis, the only part I was quibbling with was

mbecker908 (Diary) Sunday, April 25th at 10:55PM EST (link)

was the “boon” part.

As far as being arrested, here in Arizona, EVERY person arrested is checked for immigration status. In fiscal 2007 we shipped out over 70,000 illegals, about 20% of total US deportations.

Becker, what I here is

GregInFla (Diary) Tuesday, April 27th at 11:37PM EST (link)

that AZ was not getting cooperation from ICE, who would not deport the illegals or confirm/deny status, putting burdens on the state.


– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.

I'd be interested in the source for that GreginFla.

mbecker908 (Diary) Wednesday, April 28th at 12:04AM EST (link)

What I “know” is that every county jail has offices dedicated to ICE and ICE officers on scene. If you are arrested in AZ your immigration status is checked. In Maricopa County if you visit a prisoner your immigration status is checked (along with a standard NCIC check). AZ accounts for huge numbers of deported Mexicans.

I’ve never heard of complaints like you note (not saying they’re not true) and the Maricopa County Sheriff never misses an opportunity to stick a barb into any other agency, especially the feds.

But Becker, Maricopa Sheriff

GregInFla (Diary) Wednesday, April 28th at 9:28PM EST (link)

has been investigated for the feds for doing just those actions that you describe, correct? They say it is not his job to do this.


– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.

 
 
 
 
 

Under Terry v Ohio "articulable suspicion" line of cases, one could already have seen "random" stops in practice

Mike gamecock DeVine (Diary) Thursday, April 29th at 11:55AM EST (link)

This law is written with more protections against random stops than the law fashioned by federal statutes and Supreme Court precedent. In fact, if Obama-Holder-Sharpton wanted to go to states other than AZ and trump up an alleged random stop, they could do so today and could have done so any day since 1964.

I am working on a comprehensive column now that looks at the AZ law in the context of Obama’s race/leftist assault on America and an earlier theme of mine concerning the likely way America can be saved, if it can.

I am all in on the mid- to long- term strategy of winning elections for the GOP to try and get the White House and super-majorities to repeal ObamaCare and drastically restructure the whole entitlement edifice and support efforts to win at the grassroots and in the election of conservatives as executive committeemen, etc.

I just don’t believe, given the power of liberals in the culture and politics and the addiction to big govt, that we can save this country without sacrifices up to and including the kinds of sacrifices made by those that wrested a We the People from a King and saved it from Nazis and Commies.

There will be blood. We will not save the nation from quite possibly a worse tyranny today than existed in 1776. It will not be saved thru polite debate and votes.

No, the people will push back and the left will start a violent fight. This is how things happen. The people of AZ have had enough. That they passed this law concentrated my mind on what they have put up with for decades. I look at the little towns in NC that have been ruined, I can only imagine what AZ is under.

There will be tumult. The issue will be if we back off and continue to slouch towards Gomorrah or re-take the right to liberty and the pursuit of happiness.

more to come in column w/i a few days

and btw man, how you been doing?

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

GC

leftylurker (Diary) Thursday, April 29th at 12:00PM EST (link)

Don’t you think that the rationale for a Terry stop/frisk is more easily articulated than the rationale for an ID check under this law?

YES! precisely - 5555555555 - nt

Mike gamecock DeVine (Diary) Thursday, April 29th at 12:33PM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 
 

What mbeck said

aesthete (Diary) Sunday, April 25th at 10:23PM EST (link)

Even red (in the socialist sense) Tucson checks arrestees for immigration status. Also, the political situation in AZ makes Gov Brewer’s signing of SB 1070 less impressive than it would seem from the outside. Essentially, AZ’s citizens have been clamoring for an anti- illegal immigration law for some time, and the legislature has complied to varying degrees. Unfortunately, with Napolitano in office, the Dems were able to veto any and all efforts to tamp down on illegal immigration. In the mean time, Mexico, always eager to make a bad situation worse, incompetently challenged the drug lords’ dominance of its political, economic, and this increases violence, which increases public approval for illegal immigration sanctions. Right now, 7 of 10 people in AZ are in favor of immigration sanctions, and Gov Brewer took advantage of this by passing SB 1070 so that she can run with it as an “accomplishment” in our Governor’s primary. (I’m guessing that’s also why John McCain has had a recent about-face on immigration.)

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

 
 

sorry we don't work the same shift, aesthete, but I'm 100% correct even if I'm wrong

Vassar Bushmills (Diary) Monday, April 26th at 11:19AM EST (link)

…because I’m discussing a reality here. You’re discussing a “shoulda been” or an “Oughta been”. That train’s done left the station.

It’s clear you didn’t read what I wrote or I did a damned poor job of making myself clear, I even had a paragraph about you. Sorry you missed it.

 

not for illegals

justfedup Monday, April 26th at 4:28PM EST (link)

Why is it that liberal types want to apply Constitutional rights for everyone, except law-biding US citizens? What is it about illegal entry that you don’t get? I guess secured borders & national sovereignty are evil conservative words. You cannot go into Mexico without your papers, shouldn’t we reciprocate? Want to be an American? Get in line, wait your turn & learn English. I hope more states follow Arizona’s lead.

Citizens *are* going to

aesthete (Diary) Monday, April 26th at 5:18PM EST (link)

have their Constitutional rights violated, because a broad power to detain someone based on “reasonable suspicion” could logically lead to citizens being detained. That’s the problem,.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

Reasonable suspicion searches are a fact of life

The_Rebel (Diary) Monday, April 26th at 9:29PM EST (link)

in every state, every day. Police and other law enforcement officials use it to help bring criminals to justice. It does not mean that every search leads to an arrest.

Police need reasonable suspicion that the person is suspected of imminent illegal behavior or past criminal activity. Reasonable suspicion is based on the totality of the circumstances as understood by those versed in the field of law enforcement; it is commonly described as something more than a hunch but less than probable cause. Totality of circumstances refers to an assessment based on all the circumstances, which includes objective observations, information from police reports, and consideration of the modes of patterns of operation of certain kinds of lawbreakers.

To the left I say bring on your lawsuits. Overturning reasonable suspicion searches in Arizona will bring chaos to the whole country’s law enforcement system. The 9th Circuit might go for overturning, but they would be slapped down silly by the SCOTUS.

 

This is a Libertarian argument

Scope (Diary) Tuesday, April 27th at 9:21AM EST (link)

Some people are going to have their Constitutional rights violated, but, no mention of the Constitutional rights of those that have been murdered, robbed, raped and etc. When do the rights of someone else end, and another’s rights begin?

If a crime has been committed, and the police receive a tip that a certain person was seen at the scene of the crime, even though they may have had nothing to do with the crime, should the police not have the ability to question that person? Is that violating the Constitutional rights of that person?

If a motorist is stopped by the police because because his taillights were out, and the person happens to be a minority, is that racial profiling, and against his Constitutional rights?

If a woman is missing or murdered, and in the investigation it is found that she had a boyfriend while being married to another, should the boyfriend not be questioned, or the husband? Is that violating the Constitutional rights of the boyfriend or husband, even if they are cleared of any wrong doing?

There is a Libertarian running for mayor in one of the southern towns. He promises that if elected, he will end all zoning laws and restrictions. He believes that anyone should not ever be told what they can or cannot do with their own property. If someone buys the property next to me, and they open a nightclub, and the noise level keeps me awake all night, when do my rights for peace and quiet begin, and the rights of the nightclub owner end?

The Libertarians, with their belief in total rights and freedoms for all, have never been able to articulate a rational and reasonable argument of what the perfect answer is. When their rights have been violated, someone else’s rights and freedoms end. Who makes the decision of who’s rights supercede the other’s?

Good and bad people inhabit the earth. That was a part of God’s plan. Until there are no bad people left, and that utopia exists (impossible), one must rely on a “traditional” moral society to decide between right and wrong. That has been the practice in the US from the time of our founding fathers. The Progressives must destroy that moral fiber, and use moral relevance in order to destroy society. The Libertarians seem to have missed the histroy of Rome.

Hey Scope, I do care about people's rights to life

aesthete (Diary) Tuesday, April 27th at 2:19PM EST (link)

and all the other rights you mention: that’s why I’m tenaciously pro-life, among other things. But you know what? Illegal immigrants, by and large, don’t participate in violations of those rights. The percentage is higher than in other demgraphics, but is still a minority of their population. Illegal immigration is a problem for other reasons, but the issue of violence is somewhat peripheral in this case. There was a pretty smart fellow a while back who said, “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” I’m inclined to agree with that thought, and though the thought which compels some conservatives to give up their right to security of person to the police is a charitable one, it is less charitable to force those who don’t agree with such an auctioning away of their liberty to make the same bargain. I have no problem with cooperating with the police to the best of my ability, but if my only choices are to either have an ID on me at all times, or to take a trip to the police station, whether in chains or not, depending on my level of cooperation, then that’s a bridge too far for me, when I may have done nothing wrong to warrant such treatment.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

Still you do not mention

Scope (Diary) Tuesday, April 27th at 3:22PM EST (link)

the real victims in this whole debate, those that have had their “essential liberties” violated, and sometimes snuffed out by the violence that takes place particularly closer to the border area. I do happen to consider killing and cutting the heads off of people to be violent. I do consider the murder of the AZ rancher, that gave what is believed to be an illegal, water, and then was shot and killed. I do consider home invasions, rapings, burgleries and destruction of their property to be violent.

Somehow I would believe that those mentioned above would surely have given up what you apparently view as essential liberties for a little temporary safety, and they would be the wiser for that choice.

Essential Liberties are those Liberties that are absolutely necessary and indispensable, such as the right to life, shelter, food, water and air to breathe. I don’t view asking someone to show his ID as an infraction against anyone’s essential liberties, and I do believe that old Ben would have agreed.

If you choose to go to the extent of civil disobedience to cause yourself to be taken away in chains, simply because you believe that you have the right and freedom to do what you have personally determined your rights to be, then you are getting exactly what you deserve. This goes directly back to my original argument. Where do your rights begin, and some other person’s end? In a civil society, we have determined that their are good and bad people, and in that civil society it has been determined that law enforcement personnel are charged with making those initial determinations between right and wrong. The courts, and in some cases, a jury of your peers, pick it up from there. We are a nation of laws, not anarchy.

I give up

aesthete (Diary) Tuesday, April 27th at 4:59PM EST (link)

I have no idea how you piece that I endorse violence, anarchy, or an endorsement of dead ranchers from my post.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

 
 

Showing an ID isn't required, its merely a safe harbor defense

JSobieski (Diary) Thursday, April 29th at 12:39PM EST (link)

Showing an ID gets you definitively in the clear.

Given the number of times I get asked for ID at the grocery store, I don’t think being asked to show an ID is particularly bad “treatment”.

My rules of the road for primary season.
Rule #1: Vote for YOUR first choice in the primaries
Rule #2: Vote for the R in the general.
Rule #3: Don’t let anyone convince you to violate Rule #1 or Rule #2
Rule #4: When in a center-right argument, reaffirm Rules #1-#3–it will help us all to get along better.
Rule #5: If you are using the language of the left, you probably aren’t furthering conservativism
Rule #6: The priority is issues first, candidates second, and supporters third. Nobody is bigger than the issues. Conversely, if you spend your time focusing on supporters, you are wasting everyone’s time.

STOP THE MADNESS!

A reduction in the rate of spending increases is NOT a cut!
In-state tuition for illegals is NOT amnesty!
Requiring someone to pay their medical bills is NOT an individual mandate!
Reducing tax rates is NOT a tax increase!

 
 
 

Wait til it happens.

GregInFla (Diary) Tuesday, April 27th at 11:39PM EST (link)

This is same criticism that left uses against TEA party violence. And we don’t like that either.


– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.

 
 
 
 

Aesthete, could you please set forth in a paragraph

ColdWarrior (Diary) Sunday, April 25th at 9:23PM EST (link)

or two a focused argument setting forth the bases upon which you claim this legislation so clearly violates the Fourth Amendment?

Saying something doesn’t make it so.

Thank you.
ColdWarrior, PC
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CW- I've heard many using the Search and Seizure

Scope (Diary) Monday, April 26th at 10:37AM EST (link)

Fourth Amendment as an argument that AZ law is unconstitutional. The law is applicable to American Citizens. I am certain that some American citizens will be asked to provide ID’s, but, the only way you can insure 100% that citizens will not be asked for ID, would be not to ask anyone for ID. That defeats the purpose of the law, and allows a worsening situation to go on unabated. Enforcing employment laws requiring that future hires be run through E-verify carries no penalities. This law may change that, and it should. Up until 2 years ago, when I was doing payroll for a construction company, we were not required to use E-verify. If I sent a W-2 to the fed at year end, and the SS# did not match, it was sent back with a letter asking to contact the employee and to re-check the SS#, and to send a corrected W-2 with the correct number. If you did not comply, the penalty was very minor, something like $25. In many cases, try finding that employee when W-2 time comes, they are usually long gone. I don’t know if it has changed recently, but, if a prospective employee gave you the required ID’s to complete the I9, that was where the employers responsibility ended. The employers, in probably all cases, do not suffer any great headaches if they employ illegals. In my many many years of doing payroll, I never saw the first government employee coming in to check the status of the companies I9′s. There is no question that employers that want to hire cheaper labor (minimum wage) for whatever job categories they have, they
don’t suffer from any penalties, and they keep their payroll costs down. Until the employers are required to significantly suffer financially, they will not comply. If made to comply, some will take their operations out of the country, or they will shut down, and jobs will be lost. Last I heard, the E-Verify system had a ton of problems. There were names in the database saying so and so was legal, and they were not. There were names in the database saying some were illegal that were not. Unless someone put more funding into improving the system, it is no better than not funding a fence on the border.

As to asking for ID’s, we are all required now to produce ID’s at banks, for credit or mortgage apps, at the grocery store if you pay by check, to get a driver’s license, to purchase insurance of any sort, and a number of other places. When you are stopped by the police now you must show your proof of insurance, Driver’s license, and registration. Everyone stopped for any reason must provide those documents. That applies to everyone, not just those with black or brown skin.

With the increase in airport security, the government itself is requiring that you provide all sorts of ID, and to body searches, including 80 year old white grandmas.

Another argument I’ve heard a few times is that no one should be passing any more laws. If you want smaller government, then stop passing laws. Ducky.

Is asking for ID an illegal search?

Change Jar Conservative (Diary) Tuesday, April 27th at 2:46PM EST (link)

When they do random checks of cars on the street, they ask for IDs?

I know that isn’t an illegal search ….

********
Formerly know as “Oz” in these parts

 

People who are arrested are always asked for ID

GregInFla (Diary) Tuesday, April 27th at 11:41PM EST (link)

This is not new. The bill says that the police cannot initiate contact simply based on thinking someone might be illegal. It could be a traffic stop. The officer has to already be in legal contact with you. Read the bill.


– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.

 
 

Even Obama doesn't think the AZ law is unconstitutional

JSobieski (Diary) Thursday, April 29th at 12:41PM EST (link)

If there was a colorable claim of the law being per se unconstitutional, he would have used the word “unconstitutional” when he denounced the law.

The law on its face includes the kind of language that the SCt uses in its 4th Amendment decisions.

At most, those in opposition will try to identify some type of “disparate impact” argument, the typical refuge of leftist scoundrals.

My rules of the road for primary season.
Rule #1: Vote for YOUR first choice in the primaries
Rule #2: Vote for the R in the general.
Rule #3: Don’t let anyone convince you to violate Rule #1 or Rule #2
Rule #4: When in a center-right argument, reaffirm Rules #1-#3–it will help us all to get along better.
Rule #5: If you are using the language of the left, you probably aren’t furthering conservativism
Rule #6: The priority is issues first, candidates second, and supporters third. Nobody is bigger than the issues. Conversely, if you spend your time focusing on supporters, you are wasting everyone’s time.

STOP THE MADNESS!

A reduction in the rate of spending increases is NOT a cut!
In-state tuition for illegals is NOT amnesty!
Requiring someone to pay their medical bills is NOT an individual mandate!
Reducing tax rates is NOT a tax increase!

 
 

Kowalski: I mean no offense by my last comment,

ColdWarrior (Diary) Sunday, April 25th at 9:30PM EST (link)

I just haven’t seen any good argument or example in your criticisms thus far as to how, exactly, this legislation CLEARLY violates the Fourth Amendment.

Thank you.
ColdWarrior, PC

In 2012, will YOU become a “voting member” of the Republican Party in your precinct?

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No offense taken, CW

aesthete (Diary) Sunday, April 25th at 10:54PM EST (link)

Here’s one possible non- legal eagle chain of logic:

The 4th establishes that probable cause must be established particularly describing the place to be searched, and the person to be seized. It also recognizes a right to be secure from unreasonable searches, and a right to be secure in one’s person.

A police officer asking for a citizen’s papers for the reason that she is hispanic (30% of the population) would not be “probable cause”, as the statistical chance of her being illegal would be <15%..

A police officer asking for a citizen’s papers for the reason that she is hispanic (30% of the population) would violate her rights to be secure against “unreasonable search”, if she were going about her day-to-day business, because there would be no reason to ask for the papers of a citizen who is apparently on the right side of the law.

A police officer asking for a citizen’s papers for the reason that she is hispanic (30% of the population) and taking her to the police station would violate her rights to be secure in her person, because it would force her to go somewhere that she doesn’t want to go without probable cause.

SB 1070 establishes no barriers to police detainment of citizens that they search, and leaves it to the police officer’s discretion with the nebulous phrase, “reasonable suspicion”.

Therefore, there are some cases which could potentially declare the law un-Constitutional. Take this example: a police officer detains and takes to the police station a hispanic woman under suspicion that she is an illegal. She misses a day of work and is unable to make it for an important appointment, and so sues for compensation. The cop and police department collectively say, “hey, we didn’t do anything illegal, take it up with Arizona”, so she does. She sues AZ, her lawyers reasoning that a woman belonging to a demographic that comprises 30% of AZ’s population shouldn’t be detained for such a reason. The case makes it to the Supreme Court, and the judges rule that probable cause is not established for said detainment, and therefore, strikes down AZ’s law. Is that not at least a reasonable chain of events?

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

One question. Does Arizona issue drivers licenses to illegal immigrants?

acat (Diary) Monday, April 26th at 1:33AM EST (link)

If not, then asking for license and registration (and maybe proof of insurance – does AZ require that?) should be sufficient.

Either you’re licensed to drive in Arizona, or you’re not. Citizenship never even enters in.

Don’t have a license? Guilty of one crime, although not yet convicted… doesn’t seem unreasonable to me to ascertain citizenship at that point, though.

Yeah, this example only applies to traffic stops, but I trust the idea is clear.

This turns the citizenship test into what my juvenile calls a ‘secondary ticket’ – i.e. in Illinois, the cops generally won’t pull you over for not wearing a seat belt but would be happy to write you a ticket for not wearing one if they pull you over for speeding and you’re not strapped down.

There’s quite a few ‘secondary ticket’ opportunities. Got something hanging from the rear-view mirror? Ticket. Seat belt? Ticket.

The point being, it’s not the innocent who have to prove they’re legal – it’s those who are already guilty, i.e. already subject to legal discovery by the State in the course of prosecution. I’m not really clear why they needed a separate law for this, other than to – as Vassar points out – give Obama a bloody nose.

Mew

——
self-portrait

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein

Technically, no.

mbecker908 (Diary) Monday, April 26th at 6:06PM EST (link)

You have to have a birth certificate to get an AZ DL or State ID. You can make the case that you could get one with a fake certified BC (or legal immigration documents), but at the end of the day it’s proof of legal right to be here. It’s all the proof you need to register to vote.

It happens to be a misdemeanor to not have a photo ID. So, if you are asked for ID for any reason and don’t have it, you can expect to be hassled. And you will be. Without regard to race. Mouth off to the cop about it and you WILL be arrested. Then your immigration status will be checked by ICE at whichever county jail you get to visit.

 

Your argument about not pulling

DavidS1787 (Diary) Wednesday, April 28th at 1:01PM EST (link)

people over in ILLINOIS for not wearing a seatbelt is false. The police do so all the time. The state does enforce the seatbelt law plus anyother law you may be breaking while driving!

 

Your argument about not pulling

DavidS1787 (Diary) Wednesday, April 28th at 1:01PM EST (link)

people over in ILLINOIS for not wearing a seatbelt is false. The police do so all the time. The state does enforce the seatbelt law plus anyother law you may be breaking while driving!

 
 

"Therefore, there are some cases which could potentially declare the law un-Constitutional."

ColdWarrior (Diary) Monday, April 26th at 2:50AM EST (link)

You asked, “Is that not at least a reasonable chain of events.”

I don’t think so. If you haven’t already, please read the final summary of the bill here:

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-19-10_astransmittedtogovernor.doc.htm

The actual bill exists “in pieces” on the State’s legislative web site here:

http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1070

Determinations of whether the police have made a valid arrest based upon “probable cause” that a crime has been committed are very fact intensive and based upon the totality of the circumstances. If the police have made an arrest unreasonably, based upon the totality of the circumstances, the exclusionary rule will kick in. The evidence won’t come in. But courts give great deference to legislative enactments. If there is any basis upon which to find a law constitutional, the law will be upheld. If only a portion of the law is “unconstitutional,” it will be struck down if, and only if, the court believes it will be applied generally in an unconstitutional manner.

A reviewing court will not declare a state statute criminal statute unconstitutional if, in the normal course of events, it can applied in a manner that does not violate the Fourth Amendment.

Read the summary. Think about how it would apply. Put yourself in the shoes of a legal immigrant. They are our legal guests. They have certain documentary requirements. These have all been deemed perfectly reasonable. Then think of those who are not here legally. They are now deemed to be trespassing. Is that unreasonable? I don’t think so. Then think of the run of the mill fact scenario you, as an American citizen, might find yourself in if you were stopped by the police in Arizona. Do you really think you’re going to spend the night jail because you happen to be walking down the street without having any ID on you?

Based on my review of a few recent Fourth Amendment “search and seizure” cases, I predict every challenge to this statute will fail.

Thank you.
ColdWarrior, PC
Conservatives, UNITE! CHANGE the Republican Party and save the world by UNITING INSIDE the Party as precinct committeemen. NOW!

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I have already read the summary

aesthete (Diary) Monday, April 26th at 11:37AM EST (link)

and my point still stands: probable cause for each and every case of a violation of the above rights would have to be established each and every time, and this law provides no guarantee that such cause will be established. Further, being forced to take a trip to the police station if such ID isn’t found, even if one isn’t thrown in prison, without cause is an abridgment of one’s right to be secure in one’s person. I would argue that said provision made the Japanese Internment un-Constitutional for that same reason, and for a host of other ones. There’s no good reason that a liberal democracy’s citizens should be presumed guilty without their having done something to deserve such treatment.

If the law is Constitutional, I don’t think that it’s in keeping with the American tradition. The Alien Acts, relatively mind statutes which enabled the President to deport foreign nationals, were vociferously opposed in Adams’ time, even by Adams’ own party! Do you think that a broad power for police to detain citizens going about their business would have received support in nascent America?

As to outcome, I guess we’ll have to see what happens, but I think that either a) the police won’t use this provision, because it is ineffective/difficult to use effectively/other concerns, b) that this provision will be over-enthusiastically applied, or c) some combination of the two. At any rate, we already have two very real casualties in the pushing of this provision: first, we’re back to the arrangement in the 60′s where police were seen as the enemy of minorities, and that won’t help law enforcement. Second, AZ’s court system is going to be clogged with lawsuits, both frivolous and substantive, as a result of this legislation. Any benefits obtained by the provision will have to be weighed against at least those two costs.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

Aesthete, it looks like we're at an impasse

ColdWarrior (Diary) Monday, April 26th at 12:34PM EST (link)

You seem to believe that the State of Arizona has NO business determining whether someone within its borders, from another country, is here legally and has no power to require those who are here legally to present the documentation they are required to have in their possession at all times under the statute. It does seem like anything I am going to write will sway you from that position.

According to Obama, the people of Arizona are misguided for having passed this statute, not the people who illegally trespass Arizona by crossing into it illegally from another country.

How about this: let’s wait six months. The law won’t go into effect for about ninety days. You believe “AZ’s court system is going to be clogged with lawsuits, both frivolous and substantive” as a result of SB 1070. I doubt it. I’ll put a tickler on my calendar and then, on October 26, 2011, let’s see if we need to have further discussion.

Sound reasonable?

Thank you.
ColdWarrior, PC
Conservatives, UNITE! CHANGE the Republican Party and save the world by UNITING INSIDE the Party as precinct committeemen. NOW!

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Fair enough

aesthete (Diary) Monday, April 26th at 1:06PM EST (link)

I’ll still be opposed to the provision on the basis of general principle regardless of the utilitarian outcome, but I’m man enough to look at the evidence objectively and see if my thoughts on abuse of the law come to fruition — I certainly hope they don’t!

I’m not opposed to checking immigration status of those looking to access government services, or those who have violated the social contract (i.e., criminals). But no, I don’t think that AZ should be able to detain prospective citizens who are going about their daily lives without bothering anyone.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

At what point is someone "criminal enough" to check, please?

acat (Diary) Monday, April 26th at 8:10PM EST (link)

I’m serious.

Is it the point where the person has been pulled over for failure to signal to turn? They committed a (very minor) crime…

How about jaywalking?

Loitering?

At the point where they’re arrested for a crime (more likely assault or “failure to comply” or so-called “loitering with intent”…) they’re *already* checked. All this law does is move the point where the check can happen forward.

I’m understanding your argument about civil rights, but .. I’m confused about the exact point that you think it becomes okay for the State of Arizona to ask “Are you here legally?”

Mew

——
self-portrait

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein

What I wish the answer was

SteveLA (Diary) Monday, April 26th at 8:23PM EST (link)

acat

Under arrest is the simple bright line.

“Arrest” is a very legal term and I’d be a lot happier if the AZ law had established that as a very bright line. Arrest someone for a primary crime, take them to the station and let people trained to determine the immigration status of the individual based on a review of documents.

I’m all for arresting people who are driving around without a drivers license, registration and proof of insurance by the way.

______________________________________

Competency over ideological purity and litmus tests

Kowalski a bit

SteveLA (Diary) Monday, April 26th at 8:27PM EST (link)

Or even arrest for a domestic violence call would be another bright line.

Police get called on a domestic violence call, and someone gets hauled off to jail, before they get out they get checked for immigration status.

Like to see our Liberal Wemen friends get upset about throwing illegal alien wife beaters out of the country.

______________________________________

Competency over ideological purity and litmus tests

Then this might just make you happy

acat (Diary) Monday, April 26th at 11:51PM EST (link)

The law requires police to check with federal authorities on a person’s immigration status, if officers have stopped that person for some legitimate reason and come to suspect that he or she might be in the U.S. illegally. The heart of the law is this provision: “For any lawful contact made by a law enforcement official or a law enforcement agency…where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person…”

(stolen from Ace of Spades who got it from the Washington Examiner… http://ace.mu.nu/archives/300980.php)

The problem with the “bright line” of “arrest” is that, in most routine traffic stops, it is sort of .. waived. That is, you’re never taken to the station and booked, but .. you are issued a ticket which serves the same purpose.

Arizona *is* using the Federales to do the actual check. (there’s been whining about “qualified people” – I think calling the Federales “better qualified” is a gross misapplication of the term, given we got into this mess because the Fed, erm, have made a mess of things… but it is the Feds not Arizona who will check.

Arizona is also not allowing police to go out and pick people up off the street in broad daylight – they have to have already established “legitimate contact”, i.e. a traffic stop, “loitering with intent” … whatever.

All this boils out to say that the immigration status check is an “add-on ticket” kind of a thing.

So. Everything you’ve said either already happens or will happen – right now Arizona seems to check or not check on a county-by-county basis.

In addition – and I suspect you and I disagree on whether it’s “right” or not – if the cop thinks the driver he’s just pulled over for speeding might be an illegal, he’s now allowed to check. Right now, in parts of Arizona, the cop can’t check.

Mew

——
self-portrait

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein

 
 
 
 

aesthete, I came across this analysis of SB 1070

ColdWarrior (Diary) Tuesday, April 27th at 2:47AM EST (link)

which easily refutes all of the Left’s erroneous talking points:

http://www.espressopundit.com/2010/04/the-broad-anti-immigrant-bill-passed-by-the-legislature-this-week-makes-it-a-crime-to-be-in-the-country-illegally–wrong.html

Thank you.
ColdWarrior, PC
Conservatives, UNITE! CHANGE the Republican Party and save the world by UNITING INSIDE the Party as precinct committeemen. NOW!

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I think that the comments

aesthete (Diary) Tuesday, April 27th at 3:03AM EST (link)

after your linked OP mirror my concerns: the police don’t, unfortunately, have a way of telling citizens apart from illegals in any substantive way, so it will affect citizens.

BTW, thanks for engaging in a civil back-and-forth: there’s too little of that going on, and it helps RS’ readership develop their own opinions based on the substance of the law, and not hearsay.

As a side, here’s a pretty good roundtable where George Will, Cynthia Tucker and (incredibly enough) Paul Krugman make some very compelling points for their respective sides (notwithstanding Krugman’s gratuitous TP bashing):

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

Shoot, embed didn't work

aesthete (Diary) Tuesday, April 27th at 3:04AM EST (link)

Here’s the link: http://videos.mediaite.com/video/This-Week-Round-Table-Arizona-I

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

You're a born second guesser, Aesthete

Vassar Bushmills (Diary) Tuesday, April 27th at 6:40AM EST (link)

..relegated to be forever on the sidelines until you find the perfectly drawn line in the sand. There is no no such thing.

A judge in a court room would have found your comments irrelevent and ruled them out. A debating judge would have found them non-responsive, and tagged you two points. Normally, I don’t even acknowledge those, but you’re a nice guy and at the time I thought there was at least a 50/50 chance it was my fault for not having expressed myself more clearly.

Here's my line:

aesthete (Diary) Tuesday, April 27th at 1:52PM EST (link)

Immigration status should be checked if someone’s arrested or if someone is trying to access government services. It shouldn’t come into play if there has been no offending incident.

This bill’s provisions cross this line, and I have no problem saying so. Admittedly, I’m not an absolutist on the issue of immigration, but when even immigration hardliners like Tancredo are backing away from this provision, I’d at least recheck its premises.

I’ll defend supporters of it to the death from accusations of racism or other unfounded claims, but besides that, I have no use for group solidarity.

Quite frankly, I don’t think that it’s anyone’s business but AZ’s what we do in our legislative body, and I’m a little bit peeved that conservatives and liberals are making the operation of a state into yet another pissing contest between Obama and conservatives. I could care less what that two-bit demagogue thinks about my state one way or another, and the only thing that should concern outsiders is whether or not the bill follows the mandate set forth by the Constitution (which is debatable). In short, I wouldn’t mind if everyone played in their respective sandboxes for a while, and found something national to hyperventilate about.

I posted the video because I thought that it was a pretty good exposition the substance of both sides’ arguments, not because I can’t decide between one or the other. I have made up my mind: I am against SB 1070, and want (but probably won’t get) a new bill with the “reasonable suspicion” bits thrown out and even more punitive charges for businesses that hire illegals. If that makes me a second guesser, so be it :)

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

You really don't get it...

Vassar Bushmills (Diary) Tuesday, April 27th at 3:37PM EST (link)

It’s now a law. You’re whining about a thing that is now a reality and you’ve locked yourself into a separate reality as if it could still be averted. It can’t. You’re debating a thing that is no longer debatable. While you arguments may have had validity prior to being enacted into law (Most of the constitutional ones were really pretty thin…the overriding issue is federal supremacy about the borders, which I’d like to see revisited via a lengthy, evidence-ladened trial), but now they are insipid as they refuse to recognize the new existing reality.

But you’ve also painted yourself into a terrible logic-box. Peace-loving Leftists are out there throwing bottles at cops, and I’m getting mad as hell, but I think you’re feeling all justified as hell, because they are proving you right. Needless riots, Told ya so. Told ya so. That puts us (you and I) more or less permanently on opposite sides of the street, for look around at who you’re walking with. The bottom line of your lack of logic, since you aren’t king (we don’t have those) and you aren’t governor (someone else beat you out) there is nothing you can do to undo this mess the great state of Arizona got itself into by ignoring your advice. Do you even have any advice as to how to undo this horrible mistake, other than just wish last Friday hadn’t happened? See, for you to win your point, and I do believe that is paramount in your reality, the DOJ and US government has to come down there and bitch-slap the governor, and the people of the State of Arizona. They may well do it, for that is the legal issues. And I will be twice as angry, so will the people of Arizona and the United States, but somehow i think you will feel all warm and fuzzy inside because they proved you right.

Yep, you and I are definitely on different sides of the street, for you have made common cause with my enemies.

I'll address your points in order

aesthete (Diary) Tuesday, April 27th at 4:43PM EST (link)

and then I’m done.

1) I have said precisely jack and squat about the riots, and your OP had exactly that amount of content on the issue. Of course I don’t like the violent riots taking place — it’s my state! I’m not walking around with anyone but conservatives and libertarians who share my qualms: not with Obama, and not with anyone who is looking to implement some form of amnesty. I imagine that StormFront is supportive of SB 1070, for very different reasons that most conservatives are: should I castigate you because, on this narrow issue, and through no fault of your own, your views happen to align with theirs? If not, then I ask that you do me the courtesy of allowing me to hold views without being smeared as being in lockstep with a group that opposes the bill for radically different reasons from my own.

2) I am hopeful that the legal challenge to the law will succeed, assuming that my interpretation of the 4th amendment as it relates to SB 1070 is valid. I’ll be on the lookout to see what Scalia says on the issue, if anything. If the legal option fails or I find information to disprove my initial thought that the bill is un-Constitutional, then I have about as much of a plan as those who seek to repeal Healthcare Reform. Hell, I’ll have the same “plan” that opponents of the welfare and entitlement state have had for decades: none at all! It’s been three days: forgive me if my fifteen point plan doesn’t have the finishing touches completed yet :) Now is the time for talk; as opinion forms, it will then be the time to come up with realistic ways to resolve the issue in a satisfactory manner. Fortunately for myself, the universe isn’t static: every once in a while, “next year in Jerusalem” becomes a realistic promise and not a wish, the Berlin Wall come crashing down, and the Red Sox do win the World Series. I hope that we won’t have to rely on such tricks of faith, but if that’s the case, I’ll wait in line with those who are looking for a miracle to repeal various government abuses. I have a better shot than they do, anyhow.

You write well, and I’m sure I’ll recommend your work in the future, but you go too far in talking ugly about my allegiance to and love for my state. On this issue, stay on your side of the street.

The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton

You're rather self-involved...

Vassar Bushmills (Diary) Tuesday, April 27th at 5:08PM EST (link)

…but I think I got my point across.

I only took you where your logic led.

Next time, stick to things that matter, the now and the real. (In fact, I agreed with most of your original disagreement with me, which means you simply don’t comprehend what you read.). Then go and practice your new found skills someplace else. Unlike you, i don;t have time to hold seminars. I’m in the middle of a war. A real one.

Have you ever been married?

speciallist (Diary) Tuesday, April 27th at 5:25PM EST (link)

remember all the great ‘debates’?

lol

Not as often as Jethro Gibbs, but yes...

Vassar Bushmills (Diary) Wednesday, April 28th at 2:01PM EST (link)

…thanks for reminding me BeasBees..

I need to take some pointers from Bernie. I’m always trying to save lost souls, He has a quick 3-step program, then you’re out.

True, but...

huskerchuck (Diary) Wednesday, April 28th at 4:31PM EST (link)

Isn’t the job of Christians to bring the lost back into the fold of the flock? :)

Husker Chuck
God Bless, and I’ll be back soon!

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Police officers may violate the Constitution by their behavior

JSobieski (Diary) Thursday, April 29th at 12:44PM EST (link)

but the law is not unconstitutional.

The argument that some police officers may misbehave under a particular legal framework is an argument for having no police and no criminal laws.

The requirement of probable cause is not altered in any way by the AZ law.

My rules of the road for primary season.
Rule #1: Vote for YOUR first choice in the primaries
Rule #2: Vote for the R in the general.
Rule #3: Don’t let anyone convince you to violate Rule #1 or Rule #2
Rule #4: When in a center-right argument, reaffirm Rules #1-#3–it will help us all to get along better.
Rule #5: If you are using the language of the left, you probably aren’t furthering conservativism
Rule #6: The priority is issues first, candidates second, and supporters third. Nobody is bigger than the issues. Conversely, if you spend your time focusing on supporters, you are wasting everyone’s time.

STOP THE MADNESS!

A reduction in the rate of spending increases is NOT a cut!
In-state tuition for illegals is NOT amnesty!
Requiring someone to pay their medical bills is NOT an individual mandate!
Reducing tax rates is NOT a tax increase!

 
 
 

Seems I sure missed the strike zone here, at least in what I intended to say.

Vassar Bushmills (Diary) Monday, April 26th at 7:06AM EST (link)

1) This was a political comment, not legal. As to legal, constitutional scholars in AZ and elsewhere had a great deal of input into this bill, and said it passed snuff. (I’m sure others say otherwise.)

If it is overly broad, the courts will strike it down. If it’s enforcement proves to be overly broad (a sin not yet committed) the courts will strike it down. Those are both givens. I’m sure the police didn’t first read of this bill on Friday. They had/have rules of engagement and procedures in place. They just didn’t send me an advance copy of what they are, so I could also second-guess them. Nothing I wrote above says anything to the contrary.

So, I won’t argue with any of your legal prognostications, except to say i think they’ve been covered by experts closer to the action.

2) Bad policy? That’s a matter of opinion, only don’t substitute your differences of political opinions with the AZ legislature (and apparently with the people of Arizona) with what is yet to be determined about Constitutional muster.

Personally, I think it’s damned good policy, since, more than anything else, i would like to see the overriding presumption of federal preemption over state prerogatives taken back to the drawing table and narrowed considerable as it was in say 1969. Make Congress do it all over again, and quit passing the buck to the regulators. Seems I can’t spit out my car window without there being a 14th Amendment implication in the cleanup..

So then, clearly I failed in my original purpose, trying to show what that line in the sand really means. Arizona drew that line in the sand, They started the ball rolling by spitting in the federal executive’s eye. The Popinjay in Chief huffed and puffed and threatened to use powers I argue he/they should not have, and in fact, may not have…but hey…maybe a better line in the sand will come some other day that we can all jump on the same side with…if it ever comes.

Think I’ll go spit out my window. :)

I thought it was a good example of our side "not blinking."

penguin2 (Diary) Monday, April 26th at 8:36AM EST (link)

Mr. Obama and his minions were all huffing and puffing, threatening to blow the house down. They do a lot of that and our side usually blinks. She signed it and it fits exactly with what you said we need to do.

I don’t know all the legal issues yet, we won’t know them until someone sues (which they will) because that is what victim groups do. It remains to be seen which group will hold sway in court. Maybe we’ll be lucky.

But the “imperious president” coming out swinging before she signed it, and she signed it anyway, is an example of our side not backing down.

Now if our GOP leaders could find more examples of remaining steely-eyed, and stare the administration down…..

Resistance to tyrants is obedience to God. – Benjamin Franklin
When Good stands up to Evil, Evil blinks. – Vassar Bushmills

Conservative Education: Suggested Reading List

Activists Taking Action: Unified Patriots

I can't help but laugh, Lady P...

Vassar Bushmills (Diary) Monday, April 26th at 8:52AM EST (link)

…and cry a little, too.

I do believe that if Christ came riding out of the sky on a horse, to take his flock Home, there would be those who would hurriedly flip through the New Testament to see if His horse was the right color, never paying the least attention to the purpose of His visit.

We’re spinning our wheels when we debate moral issues with legal arguments or legal issues with moral arguments, or political issues with either. In these times its mindless and self-defeating. In all history there has never been a perfectly drawn line in the sand.

 

penguin, I want them to walk right up to the

janis (Diary) Monday, April 26th at 8:53AM EST (link)

gates of 1600 Pennsylvania Avenue and draw their line right there. And then defend it and not back down. JMac can lead the pack, since he’s so gung-ho on deporting illegal aliens at this point. Actually, he can play the part of Jimmy Cagney in one of his bad-boy gangster movie roles and squash a grapefruit half into Janet Napolitano’s face.

We might as well make use of his newfound love for upholding the immigration laws while we can, before he reverts to his real nature.

 

penguin- I have a feeling

Scope (Diary) Monday, April 26th at 11:02AM EST (link)

that the “victims groups” that you refer to are going to make the new AZ law a lot more ugly than just a matter of racial profiling or illegal search and seizure. The hispanic groups including the Congressional Hispanic Caucus, and surely LaRaza, will most assuredly stoke the fires of unrest, probably to the point of riots. Hasn’t it already started in CA? When you see the racist Sharpton getting involved in an issue such as this, you know that gasoline will be thrown on the fires. I anticipate riots reminisent of the Rodney King riots, only involving a different ethnic group. NeoCong asked- “Does Obama really want to go to the Alamo over immigration”? I don’t think he will have a choice, the hispanics will go to the Alamo against any laws that include them, illegal or not.

This is happening as we speak, Scope

Vassar Bushmills (Diary) Monday, April 26th at 4:47PM EST (link)

Good insights
VB

Vassar- Add to that

Scope (Diary) Monday, April 26th at 8:40PM EST (link)

that in Chacago they are now requesting that the National Guard be brought in to curb the violence. Chacago has always been a pretty violent city, and, if I am not mistaken Chacago is one of the most violent cities in the country. The O has stoked racial unrest with his arrogant support of minorities, and against the Tea Partiers. I see Chacago as a test city for……….. Doesn’t this admin always test what they are planning before it is implemented?

 
 

I heard that Sharpton

cwilson (Diary) Tuesday, April 27th at 11:37AM EST (link)

has already booked Tawana Brawley to speak at his next event.

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

 
 
 

Someday never comes.

acat (Diary) Monday, April 26th at 10:10AM EST (link)

Creedence Clearwater Revival got that right. “You’d better learn it fast, you’d better learn it young because someday never comes”.

The thing that struck me in the legal debate above, especially when thinking it through, was that this doesn’t really represent a sea change at all – it’s a refinement, applying uniformly and statewide what has worked on the local level.

This is definitely more of a shot-across-the-bow – and it’s had just the reaction you predicted .. and then some. (http://www.drudgereport.com shows quite a few of the yapping dogs being dispatched to bark at the people of AZ)

I hope this doesn’t get too interesting, but ..I also hope the rolling thunder is loud enough to be heard.

Mew

——
self-portrait

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein

 
 

Rolling Thunder - now we're talking

E Pluribus Unum (Diary) Monday, April 26th at 11:42PM EST (link)

And for the record, John McCain can, in every conceivable or imaginable way, kiss my @$$.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

 

Excellent post, VB

huskerchuck (Diary) Wednesday, April 28th at 4:37PM EST (link)

I actually thought your point was made quite well. It got sidetracked by a legal argument that didn’t belong in the political realm you were talking about (never mind that the 4th amendment claim won’t see the light of day by any judge with an ounce of sense, but we know there are enough on the bench that don’t have that sense), but it is VERY good to see our side standing up, drawing that line, and saying ‘YOU SHALL NOT PASS!’ :) Lord of the Rings imagery wins out again.

Thank you. You put the imagery out there that we all need, on the political events of the day.

Husker Chuck
God Bless, and I’ll be back soon!

Very kind of you, Huskerchuck

Vassar Bushmills (Diary) Thursday, April 29th at 1:47PM EST (link)

Thanks
VB