Showing posts with label Federal government of the United States. Show all posts
Showing posts with label Federal government of the United States. Show all posts

Thursday, June 10, 2010

Arizona's "Safe Streets" act, i.e. SB1070 -- safe from court challenges

Do you know why Arizon's SB1070 (and its revisions) are safe from any court challenges from ACLU and other organizations?

In order to challenge a law in court, one must demonstrate that the law in question is in conflict with an existing law, and the conflict must be resolved by the court, who then must rule. The resolution can be a full overturn, or explain that there is no conflict, or anything in between. 

The primary approach expected to challenge SB1070 is the preemption argument. American Civil Liberties Union (ACLU) and some constitution law scholars claim that Arizona law is preempted by Federal immigration laws. The US Constitution specified that only Federal government may enact and enforce immigration laws, not the states. Thus, Arizona law is preempted by the Federal laws on immigration.

The secondary approach is the rights argument, specifically 14th Amendment, in that States shall pass no law abridging any citizen or lawful resident of their Federally guaranteed rights. Their argument would be that the normal citizen or legal resident rights are violated by SB1070, and therefore SB1070 must be repealed.

http://hubpages.com/hub/Why-Court-Challenges-to-Arizona-SB1070-will-fail
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Thursday, August 6, 2009

Not "legalize pot" again...

With California budget in such a mess, it's no wonder some folks with ulterior motives are trying to lobby CA to legalize marijuana for some additional revenue.

Frankly, this is going to cause so many issues, esp. with the Federal government (esp. the DEA, among others) that it's automatically a non-starter.

However, I may consider voting for it given that following condition(s) are met:

* any person who voluntarily choose to smoke pot will NO LONGER be eligible for ANY government-sponsored health care, be it city, state, or Federal funded, except detox. They may be reinstated provided they go through detox successfully.

WHY: If you choose to mess up your own body, why should we spend taxpayer money to fix you? If you want to get fixed, sure, go through a rehab program first. Relapse will mean a PERMANENT ban from public-funded healthcare, PERIOD.

This may require the state to create a detox prison, for addicts ONLY. After all, do you really want to lock up the users along with the peddlers and other hard-core criminals? No, you can fix the users... IF they want to be fixed. And a threat of NO HEALTHCARE EVER may scare them enough.

What do you think?

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