Supremacy?

by Caleb Stegall on July 29, 2010 · 2 comments <span>Print this article</span> Print this article

in Short

Yesterday’s ruling in the Arizona immigration law matter by Federal District Judge Susan Bolton is reverberating around the internet today.  Most of the heat is generated by the substantive policy question of illegal immigration, however, the deeper agitating factor is likely the legal doctrine of preemption which was the legal justification for the Judge’s decision enjoining much of the law.  Preemption flows out of the Supremacy Clause of the U.S. Constitution, and that clause was the direct source of most of the ire of our old friends here on this Porch, the Anti-Federalists.

For a short review of the arguments presented, take a look here for a good discussion by one of my old law professors.

{ 2 comments… read them below or add one }

avatar Jonathan July 29, 2010 at 11:34 am

Caleb,

Thank you for posting about this. I would note that the Judge has not (yet) struck down any parts of the law. She has only issued an injunction against their enforcement.

This is a good summary of the action – http://www.fedsocblog.com/blog/federal_judge_puts_hold_on_controversial_provisions_of_arizona_immigra/

avatar Caleb Stegall July 29, 2010 at 4:07 pm

Fixed.

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