Monday Morning Open Thread
The Supreme Court issued its decision on Arizona SB 1070 "papers, please" law. the upshot, most got struck down but Arizona law enforcement officials can report undocumented persons to the feds.
Of particular note is Justice Scalia's bizarre rant in dissent:
Would the States conceivably have entered into the Union if the Constitution itself contained the Court’s holding [that the national government has supreme jurisdiction over immigration policy]? [...] Through ratification of the fundamental charter that the Convention produced, the States ceded much of their sovereignty to the Federal Government. But much of it remained jealously guarded[. ...] Now, imagine a provision—perhaps inserted right after Art. I, §8, cl. 4, the Naturalization Clause—which included among the enumerated powers of Congress “To establish Limitations upon Immigration that will be exclusive and that will be enforced only to the extent the President deems appropriate.” The delegates to the Grand Convention would have rushed to the exits.
Never before in my memory has a justice questioned that ""[t]he Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. See Toll v. Moreno, 458 U. S. 1, 10 (1982)[.]"
Until today.
Open Thread.
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