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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review July 15, 2010 / 4 Menachem-Av, 5770

New Black Panthers, you're free to go --- not so fast, Arizona

By Ann Coulter



http://www.JewishWorldReview.com | So I guess all that hysteria about the Arizona immigration law was much ado about nothing. After months of telling us that the Nazis had seized Arizona, when the Obama administration finally got around to suing, its only objection was that the law was "pre-empted" by federal immigration law.

With the vast majority of Americans supporting Arizona's inoffensive little law, the fact that Obama is suing at all suggests that he consulted exclusively with the craziest people in America before filing this complaint. (Which is to say, Eric Holder's Justice Department.)

But apparently even they could find nothing discriminatory about Arizona's law. It's reassuring to know that, contrary to earlier indications, government lawyers can at least read English.

Instead, the administration argues, federal laws on immigration pre-empt Arizona's law under the Supremacy Clause of the Constitution.

State laws are pre-empted by federal law in two circumstances: When there is a conflict -- such as "sanctuary cities" for illegals or California's medical marijuana law -- or when Congress has so thoroughly regulated a field that there is no room for even congruent state laws.

If Obama thinks there's a conflict, I believe he's made a damning admission. There's a conflict only if the official policy of the federal government is to ignore its own immigration laws.

Only slightly less preposterous is the argument that although Arizona's law agrees with federal law, Congress has engaged in "field pre-emption" by occupying the entire field of immigration, thus prohibiting even harmonious state laws.

Field pre-emption may arise, for example, in the case of federal health and safety laws, so that manufacturers of cars, medical devices and drugs aren't forced to comply with the laws of 50 different states to sell their products nationally.

And yet, just over a year ago, the Supreme Court held that there was no "field pre-emption" even in the case of an FDA-approved anti-nausea drug because Congress had not explicitly stated that state regulation was pre-empted.

The drug, Phenergan, came with the warning that, if administered improperly (so that it enters an artery), catastrophe could ensue.

In April 2000, Phenergan was administered improperly to Diana Levine -- by a clinician ignoring six separate warnings on Phenergan's label. Catastrophe ensued; Levine developed gangrene and had to have her lower arm amputated.

Levine sued the health center and clinician for malpractice, and won.

But then she also sued the drug manufacturer, Wyeth Laboratories, on the grounds that it should have included more glaring warnings about proper administration of the drug -- like, I don't know, maybe a flashing neon sign on each vial.

Wyeth argued that since the Food and Drug Administration (after 54 years of study) had expressly approved the warnings as provided, state tort law was pre-empted by the federal drug regime.

But the Supreme Court held that Congress had to make pre-emption explicit, which it had not, so Levine was awarded $6.7 million from Wyeth.

If ever there were a case for "implicit pre-emption," this was it. Without federal supremacy for the FDA's comprehensive regulation of drugs, pharmaceutical companies are forever at the mercy of state and local laws -- and trial lawyers -- in all 50 states.

As much as I would like pharmaceutical companies to rot in hell for their support of ObamaCare, I might need their drugs someday. Now, drug prices will not only have to incorporate R&D costs, but also the cost of paying for trial lawyers' Ferraris. (Perhaps that should be listed as a side effect: "Caution! Improper use may cause nausea, dizziness, shortness of breath, and six new houses for John Edwards.")

But the point is: According to the Supreme Court's most recent pre-emption ruling, Arizona's law is not pre-empted because Congress did not expressly prohibit state regulation of illegal aliens.

In fact, the Supreme Court has repeatedly rejected the pre-emption argument against state laws on immigrants -- including laws somewhat at odds with federal law, which the Arizona law is not.

In the seminal case, De Canas v. Bica (1976), the court held 8-0 that a California law prohibiting employers from hiring illegal immigrants was not pre-empted by federal law.

The court -- per Justice William Brennan -- said that the federal government's supremacy over immigration is strictly limited to: (1) a "determination of who should or should not be admitted into the country," and (2) "the conditions under which a legal entrant may remain."

So a state can't start issuing or revoking visas, but that's about all it can't do. Manifestly, a state law about (BEGIN ITAL)illegal(END ITAL) immigrants has nothing to do with immigrants who enter legally or the conditions of their staying here. Illegal aliens have neither been "admitted into the country" nor are they "legal entrants."

Indeed, as Brennan noted in the De Canas case, there's even "a line of cases that upheld certain discriminatory state treatment of aliens lawfully within the United States." (You might want to jot some of this down, Mr. Holder.)

So there's no "field pre-emption" of state laws dealing with aliens, nor is there an explicit statement from Congress pre-empting state regulation of aliens.

On top of that, the Supreme Court has repeatedly upheld state laws on immigrants in the face of pre-emption challenges. Arizona's law is no more pre-empted than the rest of them.

Unless, of course, Obama is right and it's a violation of federal law to enforce federal immigration laws, which is the essence of the Department of Justice's lawsuit.


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Ann Coulter Archives

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"Guilty: Liberal 'Victims' and Their Assault on America"  

In her most controversial and fiercely argued book yet, Ann Coulter calls out liberals for always playing the victim when in fact, as she sees it, they are the victimizers. In GUILTY, Coulter explodes this myth to reveal that when it comes to bullying, no one outdoes the Left. GUILTY is a mordantly witty and shockingly specific catalog of offenses which Coulter presents from A to Z. And as with each of her past books, all of which were NYT bestsellers, Coulter is fearless in her penchant for saying what needs saying about politics and culture today.

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