This all but hands the fall election to the republicans.  This also 
coming from the same Justice Department that is now being ivestigated 
for racial bias...  It's been quite awhile since the US Surpeme Court 
ruled on the 10th amendment.  It is long overdue.  Excellent....


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http://tinyurl.com/2excx7p



Feds sue to block Arizona illegal immigrant law


PHOENIX – The U.S. Justice Department on Tuesday filed a lawsuit 
challenging the constitutionality of Arizona's new law targeting illegal 
immigrants, setting the stage for a clash between the federal government 
and the state over the nation's toughest immigration crackdown.

The lawsuit filed in U.S. District Court in Phoenix argues that 
Arizona's law requiring state and local police to question and possibly 
arrest illegal immigrants during the enforcement of other laws such as 
traffic violations usurps federal authority.

"In our constitutional system, the federal government has pre-eminent 
authority to regulate immigration matters," the lawsuit says. "This 
authority derives from the United States Constitution and numerous acts 
of Congress. The nation's immigration laws reflect a careful and 
considered balance of national law enforcement, foreign relations, and 
humanitarian interests."

The government is seeking an injunction to delay the July 29 
implementation of the law until the case is resolved. It ultimately 
wants the law declared invalid.

The government contends that the Arizona law violates the supremacy 
clause of the Constitution, a legal theory that says federal laws 
override state laws. It is already illegal under federal law to be in 
the country illegally, but Arizona is the first state to make it a state 
crime and add its own punishment and enforcement tactics.

State Sen. Russell Pearce, the principal sponsor of the bill co-
sponsored by dozens of fellow Republican legislators, denounced the 
lawsuit as "absolute insult to the rule of law" as well as to Arizona 
and its residents.

"It's outrageous and it's clear they don't want (immigration) laws 
enforced. What they want is to continue their non-enforcement policy," 
Pearce said. "They ignore the damage to America, the cost to our 
citizens, the deaths" tied to border-related violence.

State Rep. Kyrsten Sinema, a Phoenix Democrat who opposes the law, said 
the suit should help settle questions over what states can do when they 
don't think federal laws are being adequately enforced.

"I hope this galvanizes Congress to gain the moral courage they need to 
address this (immigration) crisis," Sinema said.

Tuesday's action has been expected for weeks. President Barack Obama has 
called the state law misguided. Supporters say it is a reasonable 
reaction to federal inaction on immigration.

Gov. Jan Brewer's spokesman called the decision to sue "a terribly bad 
decision."

"Arizona obviously has a terrible border security crisis that needs to 
be addressed, so Gov. Brewer has repeatedly said she would have 
preferred the resources and attention of the federal government would be 
focused on that crisis rather than this," spokesman Paul Senseman said.

Three of the five Democrats in Arizona's congressional delegation, who 
are facing tough re-election battles, had also urged Obama not to try to 
block the law from going into effect.

Republican Sens. Jon Kyl and John McCain of Arizona also lashed out at 
the administration's decision, saying "the American people must wonder 
whether the Obama Administration is really committed to securing the 
border when it sues a state that is simply trying to protect its people 
by enforcing immigration law."

The law requires officers, while enforcing other laws, to question a 
person's immigration status if there's a reasonable suspicion that they 
are in the country illegally.

Arizona passed the law after years of frustration over problems 
associated with illegal immigration, including drug trafficking and 
violent kidnappings. The state is the biggest gateway into the U.S. for 
illegal immigrants, and is home to an estimated 460,000 illegal 
immigrants.

Obama addressed the Arizona law in a speech on immigration reform last 
week. He touched on one of the major concerns of federal officials, that 
other states were poised to follow Arizona by crafting their own 
immigration enforcement laws.

"As other states and localities go their own ways, we face the prospect 
that different rules for immigration will apply in different parts of 
the country," Obama said. "A patchwork of local immigration rules where 
we all know one clear national standard is needed." 

The law makes it a state crime for legal immigrants to not carry their 
immigration documents and bans day laborers and people who seek their 
services from blocking traffic on streets. 

The law also prohibits government agencies from having policies that 
restrict the enforcement of federal immigration law and lets Arizonans 
file lawsuits against agencies that hinder immigration enforcement. 

Arizona State University constitutional law professor Paul Bender said 
the federal government's involvement throws a lot of weight behind the 
argument that federal law pre-empts Arizona's measure. 

"It's important to have the federal government's view of whether state 
law is inconsistent with federal law, and they're the best people to say 
that," Bender said. 

Kris Kobach, the University of Missouri-Kansas City law professor who 
helped draft the Arizona law, said he's not surprised by the Justice 
Department's challenge but called it "unprecedented and unnecessary." 

He noted that the law already is being challenged by the American Civil 
Liberties Union and other groups opposed to the new statute. 

"The issue was already teed up in the courts. There's no reason for the 
Justice Department to get involved. The Justice Department doesn't add 
anything by bringing their own lawsuit," Kobach said in an interview. 

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