The most important aspect here is that the constitutional powers of Congress or the Executive branch do not include any specific regulation of immigration and border control. The only power similar is the duty of Congress to deal with naturalization, but the president has no powers in this regard at all. Therefore, according to the 10th amendment, the states have whatever power not reserved by the Federal government or denied to the states by the Fed; hence, Sheriff Arpaio, if fully backed by Arizona State government, has the constitutional right to regulate immigration.
Next, the 4th amendment prohibits unreasonable search and seizure for the proper security and privacy of American citizens. The 4th does not specifically say, “American citizens”, but the 14th amendment clearly re-affirms the original intent of the entire constitution that was intended as a guide and protection of American citizens only, not intruders living in our nation illegally. Now, because the illegal immigration issue has become a huge problem and a watershed issue, it is far from unreasonable to target suspected illegals for search.
Of course, because police officers are human, there is the possibility of mistakes in law enforcement judgment of who is suspect, but the inconvenience of being stopped and required to show I.D. and proof of citizenship is a relatively harmless circumstance in comparison to what the founding fathers defined as “unreasonable”. In the colonial days, the British were indiscriminately and maliciously busting down doors of private homes and confiscating personal property or hauling away men and women to jail, and subjecting them to harsh punishment and sometimes death. That is the definition “unreasonable” the founders intended, not a benign inquiry for proof of citizenship. The Obama tyranny is the present unreasonable action in this case for two reasons. First it is a development of total control of our society; second, it is purely personal retribution against a political enemy constitutes a serious rebellious threat to Obama’s messianic totalitarian dreams.
It is appalling that our president can get away with this abuse of law and power, and the violation of our essential constitutional precepts. In addition, among many other crimes, Obama is illegally sidestepping Congress with dangerous executive orders that are the stepping stones to monarchy or worse, Fascist or Communist dictatorship. Americans must awake to this travesty and moreover, the devious accomplices in the mainstream media for hiding these crimes and encouraging them. If we do not oust this wannabe Caesar in November 2012, we are in big trouble.
Jerry Clifford, the Word Guru
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