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We're not in disagreement here as far as the government goes. They are failing to do their job, and failing dramatically. I totally understand that. Our job is to force them to do theirs, not to break the constitution into little bitty pieces as the means to the end by doing their job for them.
Understand that this is exactly what SB1070 is. The states have no right to put "teeth" into any LEGISLATIVE powers, just as the government has no right to overstep into state rights. I'm going to pull a constitutional quote here, because it's pure relevance:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Note the word "vested". That means fixed or absolute, without contingency. That may sound dictatorial in nature to you, but it is intentional to preserve the balance of powers. Each of the three branches is vested with specific powers that no other branch may infringe upon. That means that no, the states are absolutely NOT allowed to tinker with Congressional powers. The constitution gets very explicit about it to make sure that people understand that the lines exist. It's the preservation of states rights in the 10th amendment that convinced states to join the Union in the first place, knowing that they would not be allowed to keep their own armies, declare war or render treaties or any of those other wonderful congressional powers. Or establish supreme law, such as the judicial branch has. Or ... so on. You get that right? That states can't just add 'teeth' to any governmental power they like to claim a power they're not supposed to have?
Kobach knows that perfectly well, but being a lawyer and being teamed up with a power-grabber like Pearce, they have no reason to care.
I agree, the federal government makes a regular habit of stepping on state sovereignty and rights to an unconstitutional degree, but that doesn't justify the same behavior by the states. This is the constitution they're breaking here. They need to stop it. right. now.
As far as Scott Brown goes, I referenced him because he supposedly represents the face of change. Yeah, he's the face of change alright, that's why his name is all over the T.E.A (stripping Americans of citizenship without due process), the so-called Kill Switch Cyberspace Bill, and just recently on Charles Rangel's HR 5741 which allows the government to force citizens between 18 and 42 to be forced into presidential service. Yeah, that's awesome, Scott Brown's not just a RINO, he's an AINO - American in name only, selling out his country to that little clique that strangely includes democrats and republicans both.
Just think, if McCain had been elected, you would be dealing with the exact same crap right now, because his name is on at least two of the same bills, as well as political waste like Lieberman and Rangel.
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.