Monday, April 26, 2010

Arizona Secedes

The Fourteenth Amendment to the US Constitution directs, in part, that all US citizens are due equal protection, including that no state may abridge this protection. This amendment exists as the ‘teeth’ to the Jeffersonian declarative ideal of ‘all men being created equal’, in the eyes of the law. Yes, Jefferson owned slaves and was a hypocrite, but that’s a different conversation.

Arizona legislators and voters have seen fit to thumb their noses at the constitution, by instructing its authorities, via SB1070, to require residents of that state to prove, upon demand, that they are in this country legally. The selection criterion is as vague as the individual’s appearance, in the eyes of authorities. So, to look like you are from Mexico is cause for detention and questioning. SB1070 makes no distinction between legal residents who originated, by ancestry, in Mexico, and those in the US illegally.

Now everyone knows that a lesser number Blacks commit a disproportion of crime, but our laws protect the greater number of remaining law abiding Blacks from the suspicion of law breaking, except for evidence beyond simply being Black. Why Arizona would choose to deny their Latino citizens equal protection is beyond me, except that they want to secede, and rid themselves of the Constitution. If SB1070 is allowed to stand, then our laws are not worth the paper upon which they are written.

When the southern states, prior to 1963, refused equal protection for Blacks, the government ultimately sent in the troops to enforce laws. This situation in Arizona is no different, today. The first time SB1070 is enforced should be the last time. Federal funds? - see ya! Tee-up the Supremes, the troops, and let's party. States that knowingly defy the constitution and its process should be crushed, period.

This is not to say that Arizona does not have the right, or responsibility to make state laws, police its borders, or verify citizenship. Rather, they must carry out this responsibility in an objective manner that protects US citizens from assumed guilt, and unlawful detainment. Giving authorities the right to ‘eyeball’ the application of equal protection based on ethnicity is stupid, lazy, and unconstitutional. Bad Arizona.

James C. Collier

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18 comments:

Anonymous said...

I agree with alot of the things you have written. However, I disagree with the comparison you draw with illegal immigrants of today and civil rights in the sixties.

Blacks were citizens who were treated second class purely for the color of their skin. Illegal immigrants are by the their nature, illegal. They are not citizens and therefore do not get the same legal protections as a citizen of this country.

The worst thing about this law, ultimately, is that its going to work. It will be quite successful in reducing the number illegal immigrants in Arizona. This could, in turn, effectively defeat any challenge to the law, just based on its effectiveness.

Arizona may have passed a very disagreeable, if not unconstitutional, law. However, this is an example of what happens when you don't enforce the laws you have. Illegal immigration is a hot button issue for numerous reasons and arguments i.e. illegals don't pay taxes, illegals increase crime, abuse the welfare system, etc. and unless the federal government does something drastic nothing will change and the situation will only get worse. Arizona has had more home invasions and kidnappings than any other state in the past year, mostly attributable to the drug trafficking corridors ruled by mexican narco gangs. What else is a state to do when its safety has been put on the back burner for political reasons? D.C. couldn't be farther from the Arizona border in reality or idealogy.

Thank you for a chance to comment, I enjoy your blog and am a regular reader.

James C. Collier said...

Anon 1:14, Legal Arizonans of Mexican ethnicity will get singled-out for second class treatment, as they are made prove they are legal, by virtue of vaguely appearing to be from Mexico (color of skin). I see mistreatment and violation of the constitution. Please say why this is different.

Marcus said...

Is it true that the police have to ask for your papers in a German accent?

Anonymous said...

Mr. Collier,

I think all that american citizen would have to do is show a valid ID, probably not even that. Local authorities will be overly careful when enforcing this law, just based on the scrutiny they will receive from the press, federal authorities and bloggers :) Question: How do you think the U.S. Border Patrol does its job when locating illegals? The problem is they are overwhelmed. Your complaint is about stereotyping and racism. The majority of these people, illegal immigrants, happen to be mexican, mostly because mexico is our direct neighbor to the south. Law enforcement can't help the fact the majority of illegal immigrants are mexican. You can't tie their hands and then question and blame them for border violence.

Thank you.

Anonymous said...

The only people that have to worry about this law that only enforces current federal law are the people that are in this country ILLEGALLY.

Is it acceptable to break this country's laws? No. But that is apparently what we are supposed to think if we listen to the talking heads who are using this issue politically.

The law states an officer must have come into legal contact, be in contact with the person first for some violation of the law, before the person can be asked for proof of citizenship.

Forty two states require citizens to carry legal ID and now it's so terrible AZ will ask for ID?

Are we supposed to ignore law breakers? Are we supposed to continue to allow millions of illegals to pour into this country and gobble up all it has to offer while doing nothing to earn it?

Arizona is besieged with costs associated with illegal aliens from Mexico and since the feds won't enforce their own written laws someone has too.

People need to get a grip on the plain reality of the situation and just plain get over all the other BS trying to be spread.

Way to go AZ!
Hopefully more states will follow.

Ziv Zulander said...

This is a lie. Read the damn law. It is the same as now: The police can only ask for id if they accuse you of a crime. Why are you bringing up 1963, this is 2010. Deal with the present. And will some liberal please answer the question of why Mexico can NOT provide healthcare, welfare, education and jobs to their own people?

Clifton B said...

Mr Collier:

I just found your blog today. You seem like bright and fair minded person. However, I can tell you did not read SB1070. It is only 17 pages long and is pretty light on the legalize. By the second page, it is painfully clear, no one is going to be asked for papers simply because they look Mexican.

Please take the time and read the bill.
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf

Marcus said...

It's on the second page, Clifton B. Who didn't read it? It clearly says that if they suspect you are illegal or have an illegal in your car, they can pull you over [page 4 section E].

Anonymous said...

Page 4. Section E.
NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW


Dude you must have failed reading comprehension. Not one thing there about pulling anyone over for being suspected of being an illegal alien.

Marcus said...

Who failed reading comprehension? That section you just quoted means that if you have a person in your car that the cop thinks might be illegal, they can pull you over. Maybe you're making a joke?

Cherie said...

I am an Arizona Resident, a registered democrat and African American - and I agree 100% with this law. First, all legal residents are expected to show Id AT ANY TIME IF REQUESTED. Why should illegals be given special treatment? The law is very specific and mirrors Federal immigration law. It was written to survive constitutional challenges.

Illegal is not a race or a color.
Over 500,000 illegals have deluged AZ. Many of them are criminals, gang members, drug smugglers, car theives. Our jails have over 38,000 illegals.This is a crime issue – not a discrimination issue.
How do you address the victims of the Arizona rapist Santana Batiz-Aceves, an illegal alien, convicted of raping five young girls ranging in age from 12 - 15?
According to DHS OWN FIGURES:
• “95% of warrants for murder in Los Angeles are for illegal aliens.
• •83% of warrants for murder in Phoenix are for illegal aliens.
• 75% of those on the most wanted list in Los Angeles, Phoenix and Albuquerque are illegal aliens. 40.1% of all inmates in Arizona detention centers are Mexican nationals here illegally.
•71% plus of all apprehended cars stolen in 2005 in Texas, New Mexico, Arizona, Nevada and California were stolen by Illegal aliens or “transport coyotes.
29% (630,000) convicted illegal alien felons fill our state and federal prisons at a cost of $1.6 billion annually.
The violent MS-13 - or Mara Salvatrucha - street gang is following the migratory routes of illegal aliens across the country, FBI officials say, calling the Salvadoran gang the new American mafia.
17-year-old Honduran citizen and MS-13 gang member convicted as an adult for participating in the sexual assault of two teenage girls in Maryland was deported today by U.S. Immigration and Customs Enforcement (ICE).
Reinaldo Ramos-Ramos, an illegal alien who entered the United States in June 2002 by crossing the Southwestern border, was one of 10 gang members who sexually assaulted the minor girls, ages 16 and 17,

300,000 pregnant Mexican women cross the border to birth their babies, known as 'anchor babies', in American hospitals.
from 1980 to 1995 there was a 44% of the decline in the real wages of high school dropouts as a result of immigration. Since Black and Hispanics Americans lead the statistics in dropping out of high school this means that illegal aliens affect these two groups the greatest and is a great contributor to the high unemployment rate in this segment of the population.
•Between 4 and 6 million jobs have shifted to the underground economy since 1990. These are not "jobs Americans won't do, but rather jobs Americans used to do.
•On the revenue side, the United States may be foregoing $35 billion a year in income tax collections because of the number of jobs that are now off the books.
If one tracks the economic progress of African-Americans, or the lack of it, over the past century there is an unmistakable correlation with patterns of immigration.
In some cases the influx of immigrants has allowed native-born workers to move up the ladder. But in all too many other instances, mass immigration has moved American workers off the ladder entirely, particularly Black Americans.

Anonymous said...

Still no comprehension eh Marcus?

No wonder even the president cannot fathom the legality of the LAW.

Where in that phrase does it say anything about anyone being an illegal immigrant?
No where.
It says the person has to be in violation of a civil traffic law.

Again,

NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW

And thank to Cherie for posting so many facts and stats that aid in giving understanding to those that want to make this a racist issue when it is a crime issue.

Now if those that are blind will only see.......

Marcus said...

Alright, Anon 3:29, since you need it explained to you- here goes: It is illegal to be illegal and drive a car, it is illegal to drive an illegal around in your car, if an officer suspects that you or your passenger is illegal then they can pull you over. That means, if you have brown skin they have reasonable suspicion... comprende? Oops, I mean, understand?

Anonymous said...

That is the most twisted argument I have seen in these boards.

An officer can only ask a person of their status AFTER they have legal contact with them, meaning they have to have been pulled for a traffic violation.

And why do you want to protect law breakers anyway?

If a person is legal they have nothing to worry about. If they are illegal they have broken many federal laws being in this country.

Why protect law breakers?

You can attempt to make it a race issue. I expect nothing less.
It is the last refuge of those with no argument based in common sense.

Marcus said...

Protecting criminals? Ever heard of the presumption of innocence? or due process? I'm not twisting anything, I'm untwisting your misconception...

"An officer can only ask a person of their status AFTER they have legal contact with them, meaning they have to have been pulled for a traffic violation."
That traffic violation is being brown in a car in Arizona. Anyway, I'm done responding to you.

Anonymous said...

Brown, black, green, whatever.
As long as a citizen is legal he or she has no problem.
And yes you want illegals protected.
How else can they be caught if not by the police? You don't even want them caught because you call it a racial issue.
Does the facts and stats Cherie quoted mean nothing to you?
Why should Arizona be forced into ignoring the influx of illegals that are taking so much away and giving nothing back?
California is bankrupt in large part because of costs related to the incarceration of illegals that commit crime. Would you have no one do nothing about these issues or do you think anyone brown has to be given a get out of jail free and break the law again card because you choose to call the issue racial?
And color does not a traffic violation make.
Twist it some more.
It is not a race issue. It is a crime issue and most Americans agree the enforcement of current federal law is needed and that is all this is.
At least you sound like you have read the law even if you choose to twist it into a racial parody.
Eric Holder our esteemed attorney general went on national tv denouncing it without even reading it or being briefed on it or even knowing exactly what the law was or how it worked and admitted that same thing.
So since he and the pres both don't have a problem with denouncing something they know nothing about I can understand how you could do it too.

Cherie said...

The Obama adminstration's orchestrated response to the AZ Immigration Bill SB 1070 should give pause all AFRICAN-AMERICAN/Black People. The Obama administration is casting this bill as "discriminatory"...The Obama adminstration, and others such as Al Sharpton were quick to label the bill as "racial profiling". We as African-Americans know racial profiling and this language is an attempt to rally African Americans. President Obama is a politician and he cares about re-election. What better way to secure his reelection in 2012 than to garner the 20-30+ million hispanic voters!
African Americans instinctively react negatively to anything that appears to be racial profiling, and the Obama adminstration is using this fact to gain support among blacks. This rhetoric spouted off by the Obama administration clearly is not based in fact.

African Americans/Black people ARE being harmed by the influx of dangerous illegals and this fact is ignored by the very people that should represent US!
A recent case in New Jersey is one horrifc example of gang violence committed by mexican illegals against four young black people. The New Jersey jury today handed down its first conviction in Newark in an illegal gang massacre. In 2007, a gang of MS-13-illegal aliens ambushed a group of young college students in Newark and murdered them execution-style in a schoolyard. The four students (black) were hanging out behind Mount Vernon School on Aug. 4, 2007when they were confronted by their attackers with a handgun and a machete. Three of the victims — Terrance Aeriel, 18, Dashon Harvey, 20, and Iofemi Hightower, 20 — were killed when they were lined up against the wall and shot in the back of the head. Terrance’s sister, Natasha Aeriel, survived after being shot in the face and left for dead.

All of the victims were robbed, and Aeriel and the group’s other female, Iofemi Hightower, were sexually molested and cut with machetes and knives. A family member of one of the slain victims, Iofemi Hightower, described the level of savagery of the attack. He said the thugs used a machete to hack their victims.

“They cut my niece’s face off,” said John McClain, who is Hightower’s great-uncle, and the chaplain of the Newark Police Department. “They cut her from cheek to cheek. They left her head hanging.”
The busted deportation system aided several of the murderous thugs, as reported in 2007, including Rodolfo Godinez, who was convicted today.
Rodolfo Antonio Godinez Gomez entered the U.S. from Nicaragua on Oct. 24, 1992. He was ordered deported on May 5, 1993, but it isn’t clear if he ever left the country, according to Essex County Sheriff Armando Fontura. “It seems to me that he was illegal,” he said.

Lots of folks are asking about the accused killer in the Newark execution-style murders of four young students. “Carranza, who spoke through an interpreter, admitted he was not a U.S. citizen and was staying in the country illegally.” And, yes, he has an extensive rap sheet:

Carranza had at least three prior arrests and was facing an aggravated assault charge in a separate case at the time of the killings. According to court records obtained by The Star-Ledger of Newark, Carranza was indicted twice this year — in April on aggravated assault and weapons charges; and in July on 31 counts including aggravated sexual assault of a child younger than 13- He was free on bail on the indictments.

These were some our best.Three of the victims had been students at Delaware State University, and Ms. Hightower planned to enroll there.

One has to wonder where is the national outrage against these crimes that have been committed against our people.

http://michellemalkin.com/2010/05/24/jury-hands-down-1st-conviction-in-newark-illegal-alien-gang-massacre

Anonymous said...

I hate to agree with this law BUT we need to protect our borders--besides, blacks are citizens and if anyone wanted my ID, i would just show them my driverlicense..NO ONE SHOULD EVEN LEAVE THE HOUSE WITHOUT AN ID