Fittingly, Scalia summarized this holding, in Monday’s Arizona v. United States case, as a hypothetical provision proposed by the Framers when adoption of the Constitution was being debated: Imagine if Article I had granted Congress the power “to establish Limitations upon Immigration that will be exclusive and that will be enforced only to the extent the President deems appropriate.” In short, the Court ruled that the states can be precluded from their natural right of self-defense against alien outlaws if Congress, in its discretion, decides to enact national immigration standards — even if the president refuses to enforce what Congress has prescribed. Hence, at the whim of Leviathan’s central planners and passively aggressive (non-)police, the states are defenseless.What State Sovereignty is left?
Sunday, July 15, 2012
Sovereignty, Preempted - Andrew C. McCarthy - National Review Online
Sovereignty, Preempted - Andrew C. McCarthy - National Review Online
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