Let me start by saying that I have not witnessed, nor will we ever witness, a bigger irony than listening to the Obama Administration (ok, Department of Justice, a Presidential Cabinet, headed by the Attorney General, who is appointed by the President!) taking cover, and quoting the US Constitution, in order to justify their lawsuit against Arizona:
From the official DOJ Press Release: "[Arizona's SB 1070] unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”
I highlighted "patchwork" for a reason.
"Crossed a Constitutional Line" ? Think about that irony for a minute…
Whether the lawsuit is valid or not, I just have to chuckle when I read stuff like that.
So, on behalf of the United States, the Department of Justice officially filed their suit, challenging the State of Arizona’s SB 1070 immigration law, claiming violation of the Supremacy Clause. Way ahead of them, the ACLU filed their lawsuit in May, 2010, claiming "Racial Profiling".
In essence, this lawsuit (which has known holes, more here), is actually an attempt to pander to the Latin American and "social justice" communities, in order to retain their loyalty, hoping they remember to vote this November, and again in 2012. How much Obama had to be coerced to do this is in question. It is also claimed that this suit would get the ball rolling for Congressional Immigration "Reform" legislation – in a pinch, before Congress shape-shifts considerably in ~120 days.
Actually looking at the Constitution, the Supremacy Clause says that Federal law trumps State law. But what if the State law actually mimics the Federal law, and there is no contradiction? Also, what if there were an active DOJ memo, indicating that state police officers DO have the authority to arrest illegal immigrants for violating Federal Law? Remember the "patchwork" concept?
Key phrases to listen for in the coming weeks are, "concurrent jurisdiction" and "exclusive control".
What happens when, and if, this lawsuit-challenge is rejected in the Federal Court in Phoenix? What happens if it is upheld?
If the Federal Court rejects this DOJ lawsuit:
Obama’s recent power declaration, his May 27th Offshore Oil Drilling moratorium, was rejected in the Federal Court of Louisiana, as "heavy handed".
If it loses again, Obama’s Presidency will officially be on its knees; it cannot absorb another blow. The final punch will be dealt on November 2nd when the balance of power in the Legislative branch tips back toward Conservatism (majority or not).
Failing again, it will not have the cache to implement immigrant amnesty, cap&trade, and the myriad other "Progressive" policies it has been planning to unleash upon us between now and December – election results be damned. As of this filing, Amnesty should temporarily be on the bench, but we’ll have to watch. Anything is possible with this President.
If the lawsuit is upheld:
Obama’s Presidency will live to fight another day, at least until November 2nd. Amnesty, which may be instituted as a Presidential Pardon for the 12-20 million illegals already in the country, may see the light of day. Millions more immigrants, from every country on Earth, will rush our borders, like TV store looters in an LA riot, claiming to have already been here, requesting their free citizenship. This reaction will be a bit hard to manage.
The Unites States will instantly be the new home for countless miscreants, rouges, and criminals, mixed in with the "respectable" illegals. There will be NO way to control this rush and flood, other than to seal the border, which the left has fought at every turn.
Picture a rock, and a very, very hard place for Progressives. They haven’t thought this through. If they have, I can’t wait to see their plan.
This lawsuit, and the subsequent actions of its success or failure, are a "road divided" for the future, and well being, of the United States, not to mention the viability of the Progressive movement.
We should all watch this very, very closely.

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