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Old 06-29-2010, 01:26 PM   #11
jinx
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Join Date: Nov 2003
Location: general vicinity of Philadelphia area
Posts: 7,013
Quote:
Originally Posted by Redux View Post
What the AZ laws does is make illegal immigration a state crime when federal law (and the Constitution?) deems it to be solely a federal crime....that the states can help enforce, but NOT make more restrictive than the federal law.
Shortly after the U.S. Civil War, some states started to pass their own immigration laws, which prompted the U.S. Supreme Court to rule in 1875 that immigration was a federal responsibility[1].

Supreme Court case, Chy Lung v. Freeman.

Quote:
We are not called upon by this statute to decide for or against the right of a state, in the absence of legislation by Congress, to protect herself by necessary and proper laws against paupers and convicted criminals from abroad, nor to lay down the definite limit of such right, if it exist. Such a right can only arise from a vital necessity for its exercise, and cannot be carried beyond the scope of that necessity. When a state statute, limited to provisions necessary and appropriate to that object alone, shall, in a proper controversy, come before us, it will be time enough to decide that question. The statute of California goes so far beyond what is necessary, or even appropriate, for this purpose, as to be wholly without any sound definition of the right under which it is supposed to be justified. Its manifest purpose, as we have already said, is, not to obtain indemnity, but money.
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Last edited by jinx; 06-29-2010 at 01:43 PM.
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