The Corner

Some Arizona Questions

Shikha Dalmia writes at Forbes.com,

[T]he more serious constitutional problem with the Arizona law is that it illegitimately usurps a federal function given that, as with foreign policy matters, Uncle Sam has ultimate jurisdiction in setting national immigration policy. Professor Juliet Stumpf of Portland’s Lewis & Clark Law School notes that courts have given states some leeway to set their own laws to deal with immigrant-related crime and other issues so long as their primary purpose is not to regulate immigration flows. But the Arizona law is not exactly subtle about what its true aim is. Its opening sentence reads: “The intent of this act is to make attrition [of the immigrant population] through enforcement the public policy of all state and local government agencies in Arizona.” In short, it is criminalizing immigration-related violations under state law not to deal with immigrant-related crimes—but to give state authorities expanded tools to drive out immigrants.

Two questions: First, if the states may only “deal with immigrant-related crime” and not “regulate immigration flows” (even by enforcing federal policies) then why haven’t the federal courts struck down Arizona’s 2005 and 2007 laws? Second, isn’t there a word missing in that “drive out immigrants” bit? Starts with an I. . .

Ramesh Ponnuru — Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg View, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

Most Popular

White House

What Is Hillary Clinton Thinking?

When Homer Simpson looks in the mirror, he sees ripped chest muscles and arms like the trunks of beech trees. When Hillary Clinton looks in the mirror, she sees America’s sweetheart. She thinks: America adores me. She thinks: America already chose me to be president once! She thinks: Everyone is comparing me ... Read More
Law & the Courts

Grassley’s Kangaroo Court

So now it looks like next Thursday. On Judge Brett Kavanaugh’s manifestly meritorious nomination to the Supreme Court, what was supposed to be the vote out of the Senate Judiciary Committee this past Thursday now appears to be sliding into a hearing to be held next Thursday. Or, who knows, maybe a Thursday ... Read More
Politics & Policy

Fight for Kavanaugh 

The cynics — or, perhaps more precisely, the realists — believed that the Democrats were playing for time in the hopes of finding another accusation against Brett Kavanaugh. The cynics were right. The New Yorker stooped to publish a shoddy story alleging that Kavanaugh exposed himself to a woman while he ... Read More
White House

Trump Stands By ‘Fantastic’ Kavanaugh

President Trump was supportive of his nominee to the Supreme Court during a radio interview set to be broadcast on Monday morning, in which he characterized Brett Kavanaugh as a “fantastic, fantastic man” and called into question allegations of sexual assault. In the interview — recorded on Sunday, ... Read More