Arizona S.B. 1070 ruling - Where once was a nation of laws now stands a nation of idiots

Where once stood a nation of laws now stands a nation of idiots. More specifically hair splitting, word parsing, drag on the economy idiots. The ruling in the case of the U.S. vs. Arizona concerning enforcement of laws against illegal aliens is just one of an endless supply of examples of this idiocy. Some solutions to a few of problems raised by Judge Bolton follow excerpts from her ruling (click here for a PDF of Judge Bolton’s ruling).

If enforcement of the portions of S.B. 1070 for which the Court finds a likelihood of preemption is not enjoined, the United States is likely to suffer irreparable harm. This is so because the federal government’s ability to enforce its policies and achieve its objectives will be undermined by the state’s enforcement of statutes that interfere with federal law, even if the Court were to conclude that the state statutes have substantially the same goals as federal law. See Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363, 379-80 & n.14 (2000). For this injury, the United States will have no remedy at law. The Court thus finds a likelihood of irreparable harm to the interests of the United States that warrants preliminary injunctive relief. See Am. Ins. Ass’n v. Garamendi, 539 U.S. 396, 413, 427 (2003) (enjoining permanently the enforcement of a state statute that is preempted by federal law because it interferes with the federal government’s ability to enforce its policies); Crosby, 530 U.S. at 372, 379-80 (same).

Problem 1 - Because the federal government has completely failed (that would be FAILED with a capital “F”) to enforce existing law (policies) to prevent the illegal entry of millions of aliens into this country, the actions of law enforcement authorities in Arizona hand to over to the federal government some yet to be determined number of illegal aliens for processing would cause irreparable harm to the interests of the United States?

Solution 1 – Immediately fire every lazy, worthless federal government employee wasting tax dollars surfing the Internet for pornography, conducting personal business, or just plain goofing off and doing nothing of value on behalf the citizens of the United States. In their place immediately hire additional staff to process those illegal aliens to be handed over to federal authorities for processing through the good police work performed by state and local law enforcement officials looking out for the best interests of their individual states and, as a by product of that good work, the best interests of the United States as whole. Note: There is no intention to impugn the reputation and work ethic of all federal workers. There are many hard working, conscientious citizens employed by the federal government. There are others who may not be doing a full day’s work for a day’s pay. Some of those are taking advantage of protection of the unions which makes it part of their mission to make life miserable for any manager that dares to try to take action against employees that should be disciplined or fired. Then there are other employees that want to be more productive but poor management and policies stand in their way.

Unlawful presence in the United States is not a federal crime, although it may make the alien removable. See id. §§ 1182(a)(6)(A)(i), 1227(a)(1)(B)-(C).3

Problem 2 – A poorly written federal law that does not make it clear that a once person has entered the country illegally that their continued presence here is unlawful and merely adds to the offenses they will be charged with as federal crimes when apprehended and brought to justice?

Solution 2 – Congress immediately convene and amend applicable laws as necessary to make it absolutely clear that if you enter this country illegally in the first place so long as you remain present in this country you are breaking that law and when apprehended you will be charged with breaking that law and punished in accordance with the provisions of that law. Congress is not to pass go, collect campaign funds, or otherwise further waste tax dollars and cause further irreparable harm to the interests of the citizens of the United States until this law is properly amended.

Federal law contains no criminal sanction for working without authorization, although document fraud is a civil violation under IRCA. Id. § 1324c.

Problem 3 – Yet more poorly written laws.

Solution 3 – See Solution 2 above.

In the United States of America the legal profession has been allowed to infect our system of governance in general and writing laws in particular to the point that it is virtually impossible for the U.S. Congress, even with the best of intentions, to write laws that:

Can be read and understood by a reasonably intelligent, literate individual

Can be written without the inclusion or omission of as much as a single word that can prevent things such as (1) a lawyer for one party tying another party in knots to the point of surrender, (2) all or parts of a law being deemed unenforceable by a single judge who may or may not be competent and/or impartial, or (3) allowing one party to receive unjustified damages for “imaginary” injuries that the other party may or may not have actually caused.

These laws have institutionalized and promoted processes which are nothing more than an indefensible drag on the economy and result of untold billions of dollars in taxpayer money spent each year for sunk and recurring costs for buildings, equipment, infrastructure, direct and indirect staff to support frivolous and/or needless litigation. They are a further drag on the economy by causing untold millions of hours to be expended on non-productive actions on the part of those on either side of frivolous and/or needless litigation that could have been otherwise spent engaged in activities that would have increased the overall wealth of the nation.

What the intentions of the Ruling Class are when writing laws are not always clear to the Country Class. The Country Class is justified in suspecting that the intentions of the Ruling Class may not be in the best interest of the Country Class. Further it may be reasonable to suspect that the Ruling Class has written a particular law to do irreparable harm to the Country Class as punishment for what the Ruling Class perceives as the ignorance and rude, disrespectful behavior on the part of the Country Class toward them.

If the Country Class does not get its act together and take actions that will cause a reversal of this ever increasing idiocy we will become nothing more than one very sorry third world nation.

For a post that points out flaws in the legal precedents cited by Judge Bolton in her ruling see Andy McCarthy’s quick read posted on The Corner at NRO online. A post at the Foundry (Heritage Foundation) contains additional analysis of the misapplication of precedence and other flaws in the ruling.

The following are the specific sections of Arizona S.B. 1070 that Judge Bolton’s ruling enjoins. Be careful when reading these not to allow common sense to enter your mind.

Note: Perhaps it would be helpful if you learned to walk like an Egyptian and think like an idiot.

Applying the proper legal standards based upon well-established precedent, the Court finds that the United States is likely to succeed on the merits in showing that the following

Sections of S.B. 1070 are preempted by federal law:

Portion of Section 2 of S.B. 1070

A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

Section 3 of S.B. 1070

A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers

Portion of Section 5 of S.B. 1070

A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work

Section 6 of S.B. 1070

A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States