This is my page for information on the law. Here I post useful legal information for any interested salsa community member. Since it's my blog, I get to decide what useful. First up: The U.S. Constitution and Arizona SB 1070.
This racist law is unconstitutional for at least the following reasons:
1. It violate the Due Process Clause of the U.S. Constitution under the 14th Amendment. What does the Due Process clause say? This:
[No state]..."any person of life, liberty, or property, without due process of law."
2. It violates the Equal Protection Clause also required under the 14th Amendment to the Constitution
3. It violates the First Amendment, which guarantees the right to free speech.
4. It violates the Fifth Amendment which prevents unreasonable searches of someone by the government.
5. It violates the Fourth Amendment
6. It violates the Preemption Clause of the Constitutions. The Preemption Clause says that a state government, like Arizona, cannot take over duties and rights and functions that have been reserved for the Federal government through the constitution. The right to set immigration laws and procedures has been reserved for the Federal Government. This means Arizona cannot start making its own rules to enforce immigration laws. It also could not make its own immigration laws.
A copy of the complaint filed in federal court that asks the court to strike Arizona SB 1070 is available here:
Escobar Complaint to Strike Arizona SB 1070
Careful: You Become What You Watch
10 years ago
