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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
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February 6, 2012
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Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
July 13, 2010
/ 2 Menachem-Av, 5770
Role Reversal: The Feds vs. Arizona
By
Paul Greenberg
http://www.JewishWorldReview.com |
The administration's lawsuit against the State of Arizona for attempting to stem the tide of illegal immigrants across its southern border isn't just an exercise in litigation. It's an exercise in irony.
For once upon a sad time, namely the bad old days in these Southern latitudes, states systematically denied a large class of their citizens the equal protection of the laws, denying their rights and, when challenged, waving the banner of States' Rights to cover the mistreatment of their own citizens.
The federal government was bound by law and conscience to step into that vacuum of law, and protect the privileges and immunities of all its citizens, to use the language of the Fourteenth Amendment. And it finally did so. The happy result is that the evils of racial segregation enforced by state law, and defended by various and distinguished advocates, is now a thing of the past.
Now the legal positions are reversed. It is the federal government that has long neglected its duty to secure the country's border, and so protect its citizens -- especially in states like Arizona. So state governments are trying to fill that vacuum. And it is the federal government, waving the Supremacy Clause of the Constitution, that seeks to divert attention from its own failure to enforce the laws of the United States.
For connoisseurs of irony, a sage observer once noted, politics is a virtual banquet
Of course, the U.S. Department of Justice is suing the supposedly sovereign State of Arizona. It's so much easier to file suit than to secure the country's border.
The flood of intruders crossing that broken border represents a danger to the life, liberty and property of Arizona's citizens -- especially when the trade in illegal drugs runs through the Grand Canyon state. That geological wonder isn't the only prominent hole in Arizona; its porous border with Mexico is another.
Nor is Arizona the only state struggling with illegal immigration, which has become a national phenomenon. It's just more intense in places like Arizona, California and Texas. But because it's a national issue, does that mean illegal immigration can only be tackled by the national government -- and states need to butt out?
At this point, the thought might occur to a simple layman unlearned in the law that, just because something is a federal problem, like anything from illegal drugs to kidnapping, doesn't mean it's only a federal problem. States have passed a multitude of their own laws against various crimes. Why not illegal entry?
Does being in this country illegally mean you can't be in any of its states illegally? You'd probably have to be a licensed lawhead to defend a position like that -- it defies common sense -- but there's no shortage of lawyers in Washington.
Of all the many crimes that are both federal and state in this system of dual sovereignty, why has the administration chosen to make this one an exclusively federal preserve? Can it be because the other crimes don't have so great a body of voters who'd like to ignore it?
With this Supreme Court's command of the law, or lack thereof, the feds stand a good chance of prevailing when trial comes to appeal. Because of the intricacies of constitutional law, the border between state and federal jurisdiction when it comes to immigration law may be as vague as Arizona's own border. And the feds may manage to assert an exclusive jurisdiction over it -- when they're not asking state and local authorities for help.
At the moment the administration is bringing its full arsenal of doublespeak to bear against the state -- and people -- of Arizona. For example, the feds' brief asserts: "In our constitutional system, the federal government has pre-eminent authority to regulate immigration matters."
But can anyone seriously maintain that the federal government has exercised that authority along the no-man's land that is much of the country's southern border? Instead, it has let a vacuum of law and order develop there, and the results have been all too predictable. Is it any wonder Arizona has sought to fill that vacuum?
What the feds are really saying is that Washington has pre-eminent authority not to regulate immigration matters. Or can anyone with eyes to see believe immigration along the border is now well regulated?
It's interesting, and revealing, that not even the Department of Justice bases its case against Arizona's new law on the claim that it's just a legalized form of racial profiling. That's been the biggest complaint of those who can't have read the state law in question, or have chosen to ignore it.
The law actually bars profiling: "A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin...."
No wonder the feds have chosen to make this a case of federal vs. state jurisdiction rather than one involving ethnic discrimination. Because there is no evidence that it does. Instead, Arizona's sin is that it is trying to enforce the law. Which is more than the federal government has been able to do.
Paul Greenberg Archives
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