Arizona’s Success on Immigration Law is Federal Government’s Failure

by Richard H. Frank

The recent Arizona State Immigration Legislation (S.B. 1070), signed into law by Governor Jan Brewer, is the boldest example of a state exercising its sovereignty when the Federal Government has failed in its responsibility to uphold existing law.  There is no question that under the Constitution, our Federal Government is responsible for enforcement of immigration law.  As is the case with many Federal agencies, the INS seems to be selective at discharging its responsibility under the Constitution.  It would appear that many laws are only enforced when it is politically advantageous to the party in power.

The inclination “to do nothing” seems to have had bi-partisan support over the past 40 years as the only solution put forth by Congress has been to grant amnesty to illegal aliens and continue to ignore the laws enacted by Congress itself.

President Obama has labeled the bold action by Arizona Governor Brewer as irresponsible in one breath and in the next admits to the failure on the part of the Federal Government.  Instead of taking action to bolster support for enforcement of existing immigration law, he holds steadfast to his pledge “to fundamentally change America.”  Part of his agenda for change is amnesty for the estimated twelve million illegals or should I saw “undocumented aliens” in American today.

The President and many in Congress continue to play the race card instead of taking action to close our borders.  Racial profiling is the cry heard against the Arizona law.  The new Arizona state law has nothing to do with racial profiling but is aimed at enforcement of existing Federal law, something current and past Administrations shunned as if it carries the political plague.

Recently Arizona Senators John McCain and John Kyl called for National Guard Troops to be placed along the State border with Mexico as part of a 10-point plan to curb illegal immigration into the State.  Homeland Security Secretary, Janet Napolitano, will announce “in the near future” whether or not she will send troops to help secure the border.  Don’t hold your breath waiting if her decision takes anywhere near as long as Obama’s took to add troops to Afghanistan.  Ironically, the Federal Government announced the hiring of 16,000 IRS agents to go after people who won’t pay for their health insurance under Obama’s new healthcare bill, but they cannot get troops or hire people to secure the borders.

McCain and Kyl are putting the Federal Government to the test by asserting that Guard Troops should remain along the border until the “State” certifies that the “Federal Government” has achieved control of the border.  If the remaining border states took similar action, then just maybe, the Federal authorities will get off of their political derrieres and live up to their pledge to support and defend our Constitution and the laws they are sworn to enforce.

Amnesty for illegals is not a solution but only encourages future law breakers from entering the country illegally.  I think deportation of a few million illegals along with prosecution of employers that hire them will go a lot further in solving the problem than any politician will admit to.

When the Federal Government abdicates its duty to protect our borders the States must act and take control of their destiny.  The Federal bureaucracy has imposed itself on the States for decades.  It is now time for the States to demand that the Federal Government fulfill their Constitutional duty or get out of the way and allow the individual States to enforce Federal law.

Update:  I was informed by one of our readers that the old Ron Paul statement that there will be 16,000 IRS to go after taxpayers who do not have insurance, is in fact, incorrect.  I did recheck and that reader is correct.  However, the IRS Commissioner on March 25, before a House Ways and Means Committee did say that the IRS will be getting a form (similar to 1099) from Health and Human Services indicating that a taxpayer IS in compliance and “has acceptable health coverage.”  He also indicated that the IRS is still figuring out the resources it will need “to implement the tax (penalty) provisions” in the health care legislation.  Every American knows the Government doesn’t do anything small.  Putting these two statements together by the IRS Commissioner, it is entirely possible and likely that we will have more than 16,000 agents keeping tabs on us; it’s really just semantics.

The Ultimate Challenge to Obamacare will be the Wisdom of Our Founding Fathers

by Richard H. Frank

Watching the machinations and corruption taking place in Congress today should make every American appreciate the wisdom embodied within our Constitution drafted by our Founding Fathers.  They debated the scope and powers to be delegated to the Federal Government by the States and ultimately by the People and insured that the sovereignty of the People would supersede that of the Federal Government.

Congress and the Executive Branch have, over the past 50 years, repeatedly exceeded their authority by passing legislation and creating administrative bureaucracies that limit free enterprise and suppress the very liberty of the individual.  Today the size and far reaching scope of the Federal Government overshadows the States in total disregard for the Tenth Amendment of the Constitution.

Congress’ job approval with regard to their pursuit of legislation that nationalizes our natural resources, the automotive industry and the nation’s financial system, as well as healthcare, is at a record low.  The People recognize a shift from our being a Representative Republic to Socialism when they see it.  Thankfully, it appears that State Legislatures around the nation are rallying to the voices of the People and standing up for their Constitutional rights over the Federal Government.

The States recognize their legal standing and power under the Constitution and are preparing to challenge the Federal Government in Court to regain the balance of power guaranteed to them under the Tenth Amendment.  Thirty-four States are considering legislation to exempt them from Obamacare should it pass and the President signs it into law.  These States recognize that political ideology and Presidential “Legacy” have no province over the Constitution.  They also recognize that real reform within the health care system can better be achieved with true free market competition principles over Government mandates.

The enduring strength of our Republic as envisioned by the Founders is about to be put to the test.  If the Rule of Law is to prevail in the United States of America the limits of power upon the Federal Government as enumerated in the Constitution must be upheld.