Tuesday, April 24, 2012

SCOTUS to Review the Arizona Law


As per Article III of the Constitution, the Supreme Court plays a key role in determining the Constitutionality of laws brought before it. Regarding ObamaCare and Citizens United, the Supreme Court has been the focus of news stories and analysis on both sides of the issue. Well, now that they have agreed to review the Arizona Immigration Law, that focus will become even more so.

When this law was proposed and passed back in 2010, it was derided by opponents as racial profiling and Unconstitutional, even though many had not read it, therefore, falling along party lines and not truly taking a position on the issue. What many believe to be political implications, the Obama Administration sued to nullify the law, claiming it violated civil rights. Arizona fought the issue in court, claiming the state must take power into their own hands, as the Federal Government does not enforce the laws currently on the books, which is especially detrimental to the state, as it is on the front line due to its border with Mexico.

The Ninth Circuit Court of Appeals has sided with the Federal Government and now the Superme Court will examine this case and the most important issue at hand is the right of a state to make and enforce its own laws that it deems necessary for security and well-being. We could be looking at another 5-4 decision. It is the hope of "The 'Right' Solutions" that the Court sides with the state of Arizona, as overturning the law sets a dangerous precedent for the Federal Government to become overly involved in state issues and legislation, whereas the state, due to its georgraphic, legal and cultural knowledge advantage, knows best and should be allowed to make and enforce its own laws.
United States vs. Arizona is another clear reason as to why the Supreme Court is so important, why a Republican must hold the White House after 2013 and why that Republican must appoint justices who will uphold the US Constitution, the document that is the foundation and guide to the laws which we, as Americans, will live under.

No comments:

Post a Comment