The DOJ's Unsupported Suit Against the Arizona Immigration Law

Furthermore, according to the complaint:

Mandatory state alien inspection schemes and attendant federal verification requirements will impermissibly impair and burden the federal resources and activities of DHS. S.B. 1070’s mandate for verification of alien status will necessarily result in a dramatic increase in the number of verification requests being issued to DHS, and will thereby place a tremendous burden on DHS resources, necessitating a reallocation of DHS resources away from its policy priorities. As such, the federal government will be required to divert resources from its own, carefully considered enforcement priorities -- dangerous aliens who pose a threat to national security and public safety -- to address the work that Arizona will now create for it. Such interference with federal priorities, driven by state imposed burdens on federal resources, constitutes a violation of the Supremacy Clause.

One must wonder what the people killed in Arizona by illegal aliens engaged in drug and gang related activities might think about this if they were still capable of thinking about anything.

The complaint modestly fails to note that Article I, § 8 (the "Commerce Clause") is also now viewed as granting the federal government nearly all power to regulate interstate commerce. During the reign of Good President Roosevelt II, this concept was extended and distended by the Supreme Court in many cases supportive of New Deal legislation. This was done with a little bit of persuasion from the president, who graciously offered to provide the Supreme Court with additional justices should the existing nine not be able to see their way clear to discover the true meaning of the Constitution unaided. Since then, it has been the guiding rule that all commerce within the individual United States is interstate in nature, even when no resources from outside the state in question are used and no sales of the product are made outside that state.

It follows ineluctably that all commerce is interstate, even the growing of wheat for domestic use, and not for sale in inter -- or what was once considered intra -- state commerce. Consistently, it would appear that all state efforts to regulate commerce must fall if the federal government so desires. There are too many examples of such state action to list in a single article, but here are a few:

State public utility regulation clearly affects interstate commerce because, for example, electricity generated in one state is often generated using coal and other resources mined or produced in other states and some of the electricity so generated is then "wheeled" across state lines and used in other states in homes and industry. The actions of state utility commissions, even regulating the prices at which electricity can be sold to homes within the state where generated, obviously impact on and can interfere with federal efforts to promote and encourage national security by ensuring a reliable, fail-safe, and environmentally sound supply of electricity.

Then there are state traffic laws; the federal government has mandated the use of seat belts and other safety devices in automobiles, and the transportation of people, goods, and services obviously affects commerce. Yet state and local police authorities enforce seat belt and other traffic laws; some states do so differently from other states.

The quality of education similarly affects commerce, since without a well educated labor force commerce and the economy upon which is it based would fall into disaster. The all-wise federal government has mandated standards for education, yet the individual states interfere by having at least some of their own standards. The adoption of text books in even one state, Texas for example, can make it uneconomic for interstate publishers of text books to create and sell text books other than those mandated by Texas.

Health care in one state can impact the provision of health care in interstate commerce. For example, if State A prohibits or restricts abortions to a greater extent than does State B, those who are unable lawfully to obtain abortions in State A are likely to travel to State B to have them.

The United States does not need uniformity in all things to the maximum extent possible and such was the intent of neither the Constitution nor of its authors.

The immigration statute recently adopted by Arizona is a modest, proper, and well thought out effort to protect its residents from the invasion by unlawful criminal visitors from outside the United States. The situation in Arizona is extremely flammable, and the refusal of the federal government to do the job with which it has been entrusted has caused matters to become increasingly dangerous and intolerable. Rather than attempt to thwart the efforts of Arizona, the powers of the federal government would be far better used by vigorously enforcing its own laws or at least standing back and not interfering with the efforts of Arizona to protect the rights and lives of its people.