The Corner

Re: Racial Profiling

Jonah, I think your disagreement’s with Roger. I think the Arizona law is constitutional. There are no racial classifications in the statute. Unless you presume malign intent, there’s nothing in the statute that leads to Hispanic Arizonans’ being singled out for being Hispanic Arizonans.

As for whether the law is good policy, that argument is somewhat beside the point. Clearly, it’s good policy for sovereign nations to secure their borders. But for the failure of the federal government to discharge one of its basic responsibilities, there would be no debate about whether it’s wise for Arizona to fill the void.

Peter Kirsanow — Peter N. Kirsanow is an attorney and a member of the United States Commission on Civil Rights.
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