Fund Your Utopia Without Me.™

27 June 2012

After Arizona: The Field, Still Unoccupied.




M2RB:  The Beastie Boys


(I know, I know!  Admittedly, it has nothing to do with the topic of this post, but I'm having a brain freeze on thinking of a song that would ... "occupying the field"? ... but the photo has a certain peaceful and Zen-y feel to it, which is where MCA was in later life.  Adam Yausch, RIP)








Kick it!

You gotta fight for your right(s)....








"It’s quite simple, the federal government gets to enforce immigration, not the states." 

- pamplonajack, 27 June 2012



Not exactly.

In order for the federal law to preempt state law, the federal law must contain explicit language that such preemption was “the clear and manifest purpose of Congress,” California Division of Labor Standards Enforcement v. Dillingham Construction, N.A., Inc., 519 US 316, 325 (1997).

“Despite the exclusive federal control of this Nation’s borders, we cannot conclude that the States are without any power to deter the influx of persons entering the United States against federal law, and whose numbers might have a discernible impact on traditional state concerns,” De Canas v. Bica, 424 U.S. at 354-356, (1976).

On immigration issues, because the Congress provided exceptions for state and local laws dealing with “licencing or similar laws” concerning the employment of illegal immigrants, the CONGRESS FAILED TO OCCUPY THE ENTIRE FIELD OF IMMIGRATION LAW, see 8 US Code Sections 1324a(h)(2).

“No statute precludes other federal, state, or local law enforcement agencies from taking other action to enforce this nation’s immigration laws,” Lynch v. Cannatella, 810 F.2d 1363, 1371 (1987).

Moreover, as the Court noted, “States possess broad authority under their police powers to regulate the employment relationship and protect workers within the State,” De Canas, ibid. at p. 356. As such, state and local actions “to prohibit the knowing employment by…employers of persons not entitled to lawful residence in the United States, let alone to work here, [are] certainly within the mainstream of such police power regulation,” ibid., pp. 356-357.

According to the Court, in a 9-0 decision, “STATES MAY ENFORCE LAWS CONSISTENT WITH FEDERAL IMMIGRATION LAWS,” so long as the state does not “impose additional burdens not contemplated by Congress.”



Related Reading:


Civil Rights Commission:  "Granting Illegal Immigrants Effective Amnesty Would 'Harm Lower-Skilled, African-American"

Will Aging Childless Voters Enslave My Future Grandchildren?

After Arizona:  The Field, Still Unoccupied





Fight For Your Right - The Beastie Boys

Kick it!

You wake up late for school man you don't wanna go
You ask you mom, "Please?" but she still says, "No!"
You missed two classes and no homework
But your teacher preaches class like you're some kind of jerk

You gotta fight for your right to party

You pops caught you smoking and he said, "No way!"
That hypocrite smokes two packs a day
Man, living at home is such a drag
Now your mom threw away your best porno mag (Busted!)

[repeat chorus]

Don't step out of this house if that's the clothes you're gonna wear
I'll kick you out of my home if you don't cut that hair
Your mom busted in and said, "What's that noise?"
Aw, mom you're just jealous it's the Beastie Boys!

[repeat chorus]

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