« Dick Cheney: Still Undefeated And Kicking Death's Ass | Main | ClimateGate and the Big Lie »
July 14, 2010

Ann Coulter On Arizona Law: Esteemed Justice Brennan's Precedent Says It's Okay

Good piece. I trust she's right because she usually is about these things.

Brennan was of course the unscrupulous uberliberal Justice who made up whole sections of "constitution" to push his liberal agenda.

According to the Supreme Court's most recent pre-emption ruling [concerning a claim of preemption in prescription drug regulation], Arizona's law is not pre-empted because Congress did not expressly prohibit state regulation of illegal aliens. In fact, the Supreme Court has repeatedly rejected the pre-emption argument against state laws on immigrants – including laws somewhat at odds with federal law, which the Arizona law is not.

In the seminal case, De Canas v. Bica (1976), the court held 8-0 that a California law prohibiting employers from hiring illegal immigrants was not pre-empted by federal law.

The court -– per Justice William Brennan – said that the federal government's supremacy over immigration is strictly limited to: 1) a "determination of who should or should not be admitted into the country," and 2) "the conditions under which a legal entrant may remain."

So a state can't start issuing or revoking visas, but that's about all it can't do.

Manifestly, a state law about illegal immigrants has nothing to do with who enters legally or the conditions of their staying here. Illegal aliens have neither been "admitted into the country" nor are they "legal entrants."

Indeed, as Brennan noted in the De Canas case, there's even "a line of cases that upheld certain discriminatory state treatment of aliens lawfully within the United States." (You might want to jot some of this down, Mr. Holder.)

So there's no "field pre-emption" of state laws dealing with aliens, nor is there an explicit statement from Congress pre-empting state regulation of aliens.

On top of that, the Supreme Court has repeatedly upheld state laws on immigrants in the face of pre-emption challenges. Arizona's law is no more pre-empted than the rest of them.

Mark Levin also called the suit pure trash.

Unrelated, But Good: Coulter on what progressives mean when they say that discussions are wide-ranging and nothing is sacrosanct.



digg this
posted by Ace at 06:39 PM

| Access Comments




Recent Comments
dagny: "[i]On the other hand there was money for a new Div ..."

Lester: "Cheesy seat? That sounds gross. Posted by: prof d ..."

[/i][/b][/s][/u]Muldoon: " Kristol knocked. ..."

pookysgirl: "Great, now I want pizza. Curse you, Italicans! ..."

rickb223 [/s][/b][/i][/u]: "When do all the whiney bitches who claimed they we ..."

Bill Kristol: "What a horse's ass I am. ..."

Colin: "President Eisenhower was the first President to us ..."

Alberta Oil Peon: "Important note for horde!! Most shoveling heart ..."

Eric Cartmen: "I love Cheesy Poofs! ..."

Sjg: "The Senate has only been working 4 day weeks for a ..."

Mr. Peebles: "[i]Kristol voted for Hillary.[/i]Probably Obama, t ..."

Margarita DeVille: "188 I don't think there are tons of senator's hous ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64