Arizona Immigration Ruling~Direct Assault on State Sovereignty
Never has a ruling by the Supreme Court been more aptly titled as an “Opinion,” because that is exactly what Justice Kennedy and his cohorts have delivered in Arizona v. United States. It is nothing more than an open display of judicial activism. The majority opinion is not a legal explanation on the Constitutionality of Arizona’s laws, but is an ideological dissertation on this current administration’s view of immigration.
Not only is this ruling devoid of any appeal to the Constitution, it is very dangerous. It is an aberration of fundamental Constitutional principles and a brazen assault on state sovereignty! Chiefly, Kennedy takes the Supremacy clause of the Constitution, which declares that the Constitution is the supreme law of the land, and translates that principle into the supremacy of the Federal government over the states. There couldn’t be anything more contrary to our founders’ intent. Let me repeat: this opinion is a monumental assault on the sovereignty of the states.
Article I section 8 clause 4 of the Constitution states that Congress has the power [t]o establish an uniform rule of naturalization. The purpose of the federal government in the case of immigration, as Justice Kennedy appropriately acknowledges is “to be a single voice of the nation for foreign relations.”
This external focus is in line with James Madison’s directive that:
“The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace negotiation, and foreign commerce…”