Activist Judges, those who act of their own ideological devices and don’t follow the US Constitution, reshape the way our Founder’s intended for this country to work as a whole.
Much is said of who appointed whom to Federal benches – Carter, Reagan, Clinton, Bush et al – but many times Judges aren’t what they seem and go off the Constitutional rails.
Clinton appointee Judge Bolton rewrote the Arizona law to her own needs, invented her own facts and ignored clear federal law. Jimmy Carter appointee and immigration law professor at Yale Law School Peter Schuck told The New York Times:
“She rushed to judgment in a way I can only assume reflects a lot of pressure from the federal government to get this case resolved quickly.”
The legal term for this is a “facial challenge,” and federal precedent is clear that facial challenges “must be careful not to go beyond the statute’s facial requirements and speculate about ‘hypothetical’ or imaginary cases.”
Arizona Governor Jan Brewer correctly stated:
“Today the federal government got relief from the courts to not to do their jobs.”
Judge Bolton ignored Section 2(B) of the law as written and completely ignored the section’s first sentence that required an officer to have “reasonable suspicion” that a person was in the country illegally before their immigration status should be checked.
Next, Bolton invented a completely hypothetical case about a Chilean dog walker detained by a completely fictional Sheriff Smith.
Finally, 8 U.S.C. §1373 clearly requires the federal government to “respond to an inquiry by a…State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual.”
However, Judge Bolton concluded that the Obama administration’s decision not to enforce this provision was as good as rewriting the law itself. This is quite remarkable when any Judge presumes an action writes or rewrites law without any formal written legislation to substantiate that law, which really doesn’t exist except in Judge Bolton’s mind.
Heritage Foundation reflect on the Obama administration and the fact this skirting of the Constitution isn’t new. In fact, they show a pattern.
Enforcing the law is not an Obama administration option, placating their friends at La Raza and MALDEF is the goal in the effort to enact amnesty for illegal immigrants in the United States. Once again, the Obama administration and the Leftist surrogates in the Judiciary are writing their own laws without the need for a public debate or involving Congress. Indeed!
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July 29th, 2010 at 2:15 pm
Arizona federal judge…
Has joined Barry’s Amalgamated Water Carriers Union,
All that is required is disregard law, reason, or logic,
To place your lips on the Posterior Aspect of the Imposter!
July 30th, 2010 at 4:37 pm
I want AZ Governor Jan Brewer to show papers to prove she’s a human being. I think it was FOX that did a show on extraterrestrials that live among us, and Governor Brewer does resemble some alien from a B Movie, “Invasion of the Brain Snatchers”, right? I’ve have my suspicions about people like Jan Brewer, Mitch McConnell and Karl Rove because of their lack of human qualities.
As far as the immigration issue goes… Republicans never made a big deal about immigration enforcement during Bush/Cheney but NOW all conservative hell is breaking loose… even though the Obama Administration is deporting MORE illegal’s than Bush ever did. Maybe we should adopt Ronald Wilson Reagan’s immigration policy (look it up morons)
And funny how I didn’t hear NOT ONE WORD on the Cable News about AZ Gov. Jan Brewer’s connection with the Corrections Corp of America. Not to mention I could stop this immigration problem with one thing… ARREST ALL THOSE conservative business people WHO ARE HIRING THE ILLEGAL WORKERS! Republican Party = Hypocrisy
On 7-28-10 I was watching Republicans on Morning Joe (MSNBC) preach about being ADULTS when it comes to our economic meltdown. I say BS! The real ADULTS are trying to demand accountability from those who got us in this financial mess. Republicans want to shift the burden of responsibility on Teachers unions and others in the American working class.
I wonder if the spoiled Silver Spoons on Morning Joe knew how much they hurt Democrats, Progressives, Liberals when they didn’t challenge NJ Gov. Christie. NOW all over the internet the Conservative wacko groupies are swooning all over Christie like he was a rock star. Of course, because of these Republican low grade thought processes, the right wing monkeys now consider teachers, poor people and immigrants the biggest threat to our economy.
What kind of Americans are stupid enough to believe decent wages/working conditions, regulation, Wall St. reform and making the rich pay their fair share are BAD THINGS! Republicans will take tax dollars away from grade schools to give BP tax breaks/subsidies. DON’T BELIEVE ME, you rightwing numbskulls, CHECK IT OUT FOR YOURSELVES!
consciousmc.blogspot.com
July 30th, 2010 at 6:21 pm
SPO101 must be suffering from either Freud’s Theory of “Penis Envy” or class envy. Take a pick.
Maybe you missed it but immigration reform was a very big deal in the Senate, House and supported by the Bush White House. It was dead on arrival because of people like me who believe in rule of law. Bush/Cheney were for amnesty.
Always, check your facts before contesting the words on this site. The truth will, indeed, set you free.
Morning Joe? What’s the viewer rating – You and two of your friends?
Financial mess? It’s called the Democratic Congress and spelled “Barney FranK – Chris Dodd” and “Fannie-Freddie.” It proves the Conservative doctrine – There is no free lunch.
McCain and the Bush administration made 17 attempts to warn of the problems with Fannie-Freddie. Read and Weep!
July 31st, 2010 at 2:41 am
Hi, I know this is perhaps somewhat unexpected to read, but it is posts like these that helps me to get through my day, when my wife is shouting at me left right and centre! A bunch of my buddies told me about it but I didn’t find it for quite a while, so a couple days back I was so pleased to finally find it! Myself, I don’t do much blogging due to time constraints nonetheless I do love to read other people’s work. I just wanted to comment to show my admiration for your blog and I also wanted to let you know that way too many writers do not get any credit for their craft, credit which is, in my opinion well deserved. Given the subject matter you may not believe me and maybe even doubt that anyone could like it so much, but I genuinely want you to carry on with this. It’s awesome!
August 2nd, 2010 at 11:40 am
“House Bill 2013” and “SB1070”
0 = Arizona
2 = USA/ Our Constitution/ We the People of the United States
We are a country that is ruled by the Constitution, Bill of Rights and the Declaration of Independence, not by the majority of the day. When you do not know the principles in these documents, therein lays the problem in losing when you are challenged in court.
This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.
In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.
It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;
1. S.B. 1070,
2. House Bill 2013
3. No permit conceal weapons law,
4. The famous Birthers law,
5. Banning Ethnic studies law,
6. Banning human-animal hybrid (aren’t most GOPers crossed with the Reptilian race?)
or are they just giving Laurence Gonzales, some great promotion material for his new book “Lucy”.
7. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
8. On deck to pass, no citizenship to babies born to undocumented workers,
9. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
10. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.
Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.
Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!
As they say in the World Cup: Gooooooooal!
August 2nd, 2010 at 1:05 pm
Montana:
Thanks for your comments – You’re WRONG – Arizona has an absolute right under the Constitution in their state and the country to protect their borders and their citizens.
Is human trafficking OK with you? Is not following the rule of law not OK with you?
This isn’t the World Cup, it’s the United States of America.
And…….when SCOTUS decides in favor of Arizona you will get an open lesson in the US Constitution.
August 2nd, 2010 at 8:52 pm
D. B. : Why do you and many like you always go against our Constitution and want to support the passing of laws that take away rights that are established by our Constitution?
Do you know the author of AZ SB1070,Russell Pearce, is a supporter of White Supremacist/ NAZI/ Ku Klux Klan groups?
I can only say that this battle is not over and we will see you and all AZ in DC, at our Supreme Court of the United States. I must admitt victory is sweet.
August 2nd, 2010 at 10:21 pm
I’m a strict constructionist so why would you suggest I am against the Constitution?
Now, about Mr. Pearce since you left the facts out:
* In October 2006, Russell Pearce forwarded an email from National Alliance, a white separatist group, to a group of supporters. The email titled “Who Rules America” criticized black and white intermixing and Jews in the media for promoting multiculturalism and racial equality, for depicting “any racially conscious White Person” as a bigot, and for presenting the Holocaust as fact. He quickly apologized. The article reports, “He does not agree with the sentiments in the article, but that the title and the first paragraphs about media bias appealed to him. He said the article had been forwarded to him by someone else and he would not have sent it if he had read it in its entirety.” He stated in one of his apologies, “Ugly the words contained in it really are. They are not mine and I disavow them completely. Worse still, the website links to a group whose politics are the ugliest imaginable.”
* Pearce was also criticized for his association with white supremacist J.T. Ready. Pearce endorsed Ready for Mesa City Council in 2006 and appeared with him at several rallies. Pearce has since indicated he was unaware of Ready’s neo-Nazi affiliations at the time he made the endorsement.
In fact, the Arizona legislature voted for the bill. And unless your a Constitutional expert tell me why these might not pass muster at SCOTUS? The nine-circuit will not overrule Bolton so it will progress to the Supremes. They are back in October.
This was Pearce’s bill but it was actually written by top Constitutional experts to ensure they were only mirroring Federal law. It may seem like a slippery slope but if the law is being broken then law enforcement has every right to make arrests.
What problem do you have with people in this country illegally?
Is this OK with you?
Is it written in the US Constitution that you may enter the United States illegally?
August 3rd, 2010 at 10:00 pm
Don: I thought that maybe you had some points but when you started to support AZ SB1070 author, Russell Pearce and his view on non-whites, WOW, you are just one of them. He is either crazy, stupid or racist, maybe all three, good luck with that, I am sure that majority will vote with you, sure, why not.
August 3rd, 2010 at 10:44 pm
I’m one of them – crazy, stupid or racist, maybe all three???
If you spent any time on this web site your opinion of me certainly would change, as I said earlier, I’m a strict constructionist. I believe in the Constitution and because I support Arizona’s attempt to protect itself suddenly I’m a racist.
Well, on second thought, maybe it wouldn’t change but you’re flat out incorrect. Your mind is already made up, my opinions have passed you like a bullet train. Opinion based on facts and the US Constitution. And…..simply rule of law. Arizona and any state has a right to enforce the law to protect its citizens.
August 10th, 2010 at 8:24 pm
this is no time to give amnesty; 3% of our pupulation are illegals, that means 3% added to the number of people seeking jobs, while the job growth is still slow, i recommend a halt to legal immigration and just declare open season on the borders, thats a cheap fix, then maybe once we have growth can we start legal immigration back up; and we need diversity, no more hispanics…i live in los angeles and most employers are now hispanic and only hire their own kind…..on top of that, a friend of mine, half white half asian applied for a job at a mcdonalds whos manager was mexican, and he got his identity stolen. I have no doubts some of these hispanic employers are stealing peoples identities…we need more diversity; we are turning into mexico