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If The Obama DOJ Is Interested In “Supremacy”, When Will They Sue California?

Written By : William Teach
July 6, 2010

If Obama, Eric Holder, and their politicized DoJ is truly interested in arguing that Arizona’s tough illegal aliens law violates the supremacy clause of the Constitution, I wonder, will they apply this same clause across the board? That’s what the law is about, holding every party accountable for violating the law. First, though, let’s start with this little tidbit found at NumbersUSA (via Michelle Malkin)

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The Supreme Court has stated clearly and often that the U.S. Constitution gives Congress “plenary power” over immigration policy, meaning that Congress has virtually unlimited authority to regulate immigration into the United States. The Supremacy Clause of the Constitution says that federal law supersedes conflicting state law. In immigration matters, the courts have consistently held that this means that states may enact immigration-related laws that go as far as, but no further than, duly enacted federal laws, except in areas where Congress has specifically preempted state action. (The primary example of Congress preempting state action is 8 U.S.C. 1324b(h)(2), which prohibits states and localities from “imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens,” which is why states and localities must tie E-Verify mandates to the issuance of business licenses.) Congress has not preempted state or local action regarding any of the federal laws that the new Arizona law seeks to enforce, so long as the state law goes no further than existing federal law. The Arizona law was drafted meticulously to ensure that it complies fully with the U.S. Constitution and with federal immigration laws.

Moving past the illegal immigrants portions, this is stating that federal laws must be followed by the States, no more, no less. Laws can’t be tougher, and they can’t be weaker. So, when will the DOJ file lawsuits against California and 13 other states for violating federal medical marijuana laws? Consider

Marijuana is classified as a Schedule I substance, defined as having a high potential for abuse and no medicinal value.

Using, selling, growing, and/or possession of marijuana is against federal law. It is treated (for right or wrong, I could personally care less if you smoke pot, doesn’t affect me) the same as cocaine, LSD, and heroin, among others. Yet, 14 states have laws allowing it. Sure seems like they are violating the “supremacy clause,” so, we will see the federal lawsuits from Obama’s DoJ soon, right?

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