Federal suit against Arizona forthcoming

Isn’t it convenient that in matters about the economy, fiscal restraint and pulling back the federal government’s power, Tea Party types pore over the Constitution looking for ways to pick apart their opponents bit-by-bit? But ah!, when it comes to folks of color, that’s another matter altogether. They then cut to the quick, ignore what the founding document actually says on the topic of immigration and throw off their own humanity.

The New York Times reported June 18 that the Obama administration would fight the recently passed Arizona immigration law, saying that it infringes on the Constitution, while proponents of the administration make the claim that Obama is attempting to infringe on state’s rights.

This issue is actually very simple according to the 14th Amendment:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

States don’t confer citizenship nor do they have the power to deport anyone. (When I read letters to the editor directed toward my newspaper or more national ones, I wince when I see a reader calling a resident of such-and-such state or county a “citizen” of that county or state. Counties and states have no authority on the matter of citizenship. It’s a literally meaningless exercise to use that word in a context other than on topics of naturalization.)

The Arizona bill makes it a state crime to be in the U.S. illegally. But that’s redundant. It’s already a federal crime, and federal law takes precedence over state law according to the 14th amendment. True, the amendment says states can’t make any laws that “abridge” on the rights of citizens of the nation, but a semicolon later, and we find that

nor shall any State deprive any person of life, liberty, or property, without due process of law.

Another semicolon later and we have:

nor deny to any person within its jurisdiction the equal protection of the laws.

Now, some type of case could probably be made as to whether “person” means citizen or just any person, but the amendment is unambiguous in indicating that the federal government alone confers citizenship and determines who comes and who stays. And even illegals deserve due process of law like anyone else. They are, after all, human beings with pulses and wives and husbands and sons and daughters with people back home who love them. Or have we forgotten that?