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Friday, April 27, 2012

ARIZONA V. UNITED STATES

      Arizona V. United States has made its appearance in the U.S. Supreme Court as the first day of arguments came to a close. The question that needs answering to in this case is found in the Writ of Certiorari to the Supreme Court.  It asks,  "whether the federal immigration laws preclude Arizona's efforts at cooperative law enforcement and impliedly preempt these four provisions of S.B. 1070 on their face."   

     I am in belief that the U.S. Supreme Court is going to be hard pressed to come to an answer to this question.  No where in the US Constitutional Amendments does it touch base with illegal immigrants.  It does however state in the 10th Amendment that rights not listed in the Constitution and are not prohibited by the Constitution are reserved for the states.  This is a very lose translation however. 

So on one side you have Arizona that is not breaking any Constitutional rights by implementing their laws against illegal immigration.  However, I do believe that this will end up as a slippery slope.  Because it allows for the checking of papers of anyone of foreign nationality or suspected foreign nationality I believe that this will lead to racial profiling.  Racial profiling is against the US Constitution.  I believe that the U.S. Supreme Court will see this slippery slope and this is why the decision will be one that is extremely difficult to decide.  I do look forward to the outcome that the U.S. Supreme Court will decide and the reasoning behind it.

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