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07-06-2010, 06:47 PM
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GreekChat Member
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Join Date: Apr 2001
Location: TX
Posts: 3,760
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Quote:
Originally Posted by Kevin
I heard Erwin Chemerinsky is of the opinion that the feds will win this one. I tend to agree. I can see good arguments on both sides. Here are a few good ones off the top of my head:
1) The power to legislate in the area of immigration is a power delegated to the federal government. Much like the dormant commerce clause keeps states from enacting their own legislation relating to interstate commerce, the immigration powers of the federal government foreclose states even enacting completely consistent legislation.
2) Even if the states can arguably enact completely consistent legislation, if it's not enforced in the same way the feds enforce it, they are violating congressional intent. In this case, Arizona's intent seems to be to enforce this law much more effectively and broadly than any federal agency does. Congress' intent seems to be that by a conduct of lack of action and funding in the area, that they really don't want to block all illegal immigration, thus a policy actually doing that would be unconstitutional and preempted.
3) (and this is slightly weaker)That Arizona, by doing this has caused an international incident and is in effect conducting foreign policy, which it is not, as a state, allowed to do.
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The third point is kind of weak
I hear that the Feds are going to be using the Supremacy Clause to render this law invalid, it is also my understanding that the Feds will have to prove that SB1070 CONFLICTS with federal law in order to achieve this. I also read that AZ lawmakers foresaw this and wrote the bill in language that DIDN'T conflict with Federal law, blah blah blah blah blah...
I'm just going to sit back and watch this one play out
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07-06-2010, 07:14 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
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Quote:
Originally Posted by PiKA2001
The third point is kind of weak
I hear that the Feds are going to be using the Supremacy Clause to render this law invalid, it is also my understanding that the Feds will have to prove that SB1070 CONFLICTS with federal law in order to achieve this. I also read that AZ lawmakers foresaw this and wrote the bill in language that DIDN'T conflict with Federal law, blah blah blah blah blah...
I'm just going to sit back and watch this one play out 
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No they don't. They just have to show that Congress has enacted a scheme which is intended to occupy the field. That would mean (at least theoretically) that the states can't even enact consistent legislation without permission. And even if they did, running afoul of Congressional intent could still foul that up.
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07-06-2010, 07:38 PM
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GreekChat Member
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Join Date: Apr 2007
Location: Santa Monica/Beverly Hills
Posts: 8,642
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The funny thing about all of this is that it's all recession driven. The immigrant problem is less severe than in recent years. Jan Brewer has had to manufacture statistics to support the cause. Just last week she was spouting off nonsense that the majority of illegal immigrants were drug mules. ICE officials disputed that stat unconditionally. She came back and said, "Well, the drug dealers are trafficking in humans and that's wrong." Good try, Jan. Anyway, there is definitely crime. There is definitely an issue with drug smugglers at the border, but picking up random illegal immigrants trying to find work doesn't address that problem. The way this law was written, we are stopping illegal immigrants from taking the poorly paid, menial jobs in Arizona. If the lawmakers really wanted to stop the drug smugglers, they would have called up the Arizona National Guard and put them along the border. It's just BS that this law is going to fix the problems that they claim it will. The violent drug cartels couldn't care less about SB1070.
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07-08-2010, 04:11 PM
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GreekChat Member
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Join Date: Apr 2005
Posts: 13,593
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Quote:
Originally Posted by bridgekid3
Is that like Obama telling everyone the economy is improving?
Obama is a one term President. Even the blacks are starting to bail on him. The blacks do not want to compete with the illegals for welfare.
The whites won't vote for him again. Most of them have learned their lesson. Health care costs are already starting to increase.
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Because healthcare costs weren't increasing before the bill? And the cost saving side of the Healthcare Bill doesn't go into effect until later.
Criticizing the president doesn't mean that people are "bailing" on him. He's still better than the alternative (IMO) and his shots at a second term are better than most. But REALLY not the topic going on here.
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07-08-2010, 04:33 PM
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GreekChat Member
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Join Date: Feb 2008
Posts: 945
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Quote:
Originally Posted by bridgekid3
Actually health care costs were increasing. Obama promised a DECREASE didn't he? A bigger increase is not a decrease is it?
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This isn't about healthcare, if you want to talk about that make another thread. Or you know you could post about greek life stuff since you're new here and all
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07-08-2010, 04:36 PM
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GreekChat Member
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Join Date: May 2007
Location: In a house.
Posts: 9,564
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Quote:
Originally Posted by Nanners52674
This isn't about healthcare, if you want to talk about that make another thread. Or you know you could post about greek life stuff since you're new here and all 
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Nanners...a warning...do not engage...this is a former GC member who keeps coming back like herpes. They will be banned soon.
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07-08-2010, 06:37 PM
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GreekChat Member
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Join Date: Apr 2007
Location: Santa Monica/Beverly Hills
Posts: 8,642
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Quote:
Originally Posted by DaemonSeid
Nanners...a warning...do not engage...this is a former GC member who keeps coming back like herpes. They will be banned soon.
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Ha ha...GC and herpes. They go hand in hand! (GC is medical abbreviation for Gonorrhea.) Max is the gift that keeps on giving when you really want him to stop.
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One Motto, One Badge, One Bond and Singleness of Heart!
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07-08-2010, 04:23 PM
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GreekChat Member
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Join Date: Feb 2008
Posts: 945
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Quote:
Originally Posted by bridgekid3
Is that like Obama telling everyone the economy is improving?
Obama is a one term President. Even the blacks are starting to bail on him. The blacks do not want to compete with the illegals for welfare.
The whites won't vote for him again. Most of them have learned their lesson. Health care costs are already starting to increase.
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Well this white person (since apparently only race matters in politics) will vote for him again.
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*~*The Brotherhood of Man and the Alleviation of the World's Pain*~*
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07-08-2010, 04:28 PM
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GreekChat Member
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Join Date: Aug 2003
Location: Michigan
Posts: 15,849
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Quote:
Originally Posted by starang21
it can certainly fall under reasonable suspicion.
again, can't and won't aren't the same thing. and can't communicate well is way different from can't communicate at all.
hence in order to become a naturalized citizen, one must have basic skills in the english language. the same with getting a green card.
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Not if they are over 50/55. That requirement is waived then.
Quote:
Originally Posted by Drolefille
Because healthcare costs weren't increasing before the bill? And the cost saving side of the Healthcare Bill doesn't go into effect until later.
Criticizing the president doesn't mean that people are "bailing" on him. He's still better than the alternative (IMO) and his shots at a second term are better than most. But REALLY not the topic going on here.
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Ditto. Very little of the healthcare bill is in effect yet and costs that are rising are due to the high number of uninsureds/underinsureds.
Quote:
Originally Posted by Nanners52674
Well this white person (since apparently only race matters in politics) will vote for him again.
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Ditto.
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07-08-2010, 04:33 PM
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GreekChat Member
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Join Date: Apr 2005
Posts: 13,593
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Quote:
Originally Posted by AGDee
Not if they are over 50/55. That requirement is waived then.
Ditto. Very little of the healthcare bill is in effect yet and costs that are rising are due to the high number of uninsureds/underinsureds.
Ditto.
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It's what's his face. That guy.
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From the SigmaTo the K!
Polyamorous, Pansexual and Proud of it!
It Gets Better
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