RUFUS SANDERS: Brown power (Hate to say it, but ...)
Aug 02
2010
By RUFUS G.W. SANDERS
Register columnist
Wednesday, I listened to the breaking news that the core provisions of the Arizona Anti-immigration law were temporary blocked, clearly the sign of a death knell for the law now is destined to go all the way to the Supreme Court.
I hate to be the one to say it, but I told you so. I wrote May 24 the Arizona immigration law would not stand. Of course I was blasted, maligned and generally demonized. I was accused by letter writers of being misguided, emotional, full of drama, of being a racist and using my column to fan flames. One letter writer threatened to pull his subscription to the paper.
Of course, there were many other critics. Whenever I write about anything remotely related to race or the perception thereof, I always get these kinds of emotional outbursts.
I liken this immigration fight to the Dred Scott case in the 19th century or the Civil Rights battles of the 1950s and '60s. The controversy over this law has been overwhelming. It has divided this country around the issues of immigration and has raised the issues of race, discrimination, the suffering economy and racial profiling -- and even more importantly, the constitutional issues of state rights versus federal supremacy. But as far as I am concerned. this is a great day in the history of civil-right jurisprudence for our country. I celebrate along with my Hispanic brothers and sisters and all who love American freedom, equality, and justice. Democracy has triumphed again, even if this injunction is only a temporary one.
The provisions of Arizona Senate Bill 1070 would have done primarily four basic unconstitutional things:
n Determine the immigration status of a person who is simply stopped without the suspicion of criminal activity;
n Create a crime for the failure of not carrying immigration papers;
n Stop an undocumented person from applying for and performing work; and
n Warrantless arrest.
What it also would have done, which probably has cost the greater concern, would have been to violate the supremacy clause of the Sixth Amendment to the Constitution by usurping the authority of the federal government. The federal judge put a dagger in the heart of this bill. She ruled virtually the same as I had perceived back in the May column: that the law was flawed and thus a bad law. It was oppressive, ethnically chauvinistic, discriminatory and tantamount to racism. It would lead to racial profiling. Many of these provisions do nothing but possibly increase the intrusion of police presence into the lives of all people living in America, citizens included.
Martin Luther King said, "Injustice anywhere is a threat to justice everywhere." Today it's them. Tomorrow it's us! You can't stop or arrest a person in this country simply because they are brown. And that's where this was heading.
So the reason the core of this law was blocked was not simply on the grounds that it was racial in its construction, but on what I also said back in May: it violates the supremacy clause of the Constitution. This one item will cause the Supreme Court to overturn the law eventually and completely. I predict conservatives court members Roberts, Alieto, Thomas and Scalia will all see this. This concern will trump the racial concerns and force the judges to declare the law unconstitutional.
Conservatives are right: The Obama government has not properly dealt with the immigration issue -- but neither did the conservatives when they were in power, even though President Bush must be given credit for really trying for comprehensive immigration legislation.
The present federal government must deal with it soon. The president will have to take a more proactive role in assuring this immigration problem is dealt with, like he did with the passage of health care. But that does not give state governments such as Arizona the right to do whatever they want. It is that kind of arrogance and audacity that caused the Civil War. There is a reason why this place is still called the United States of America -- respect for the rule of federal laws.

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Comments
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02:02 AM
lemo says
10:13 PM
Tman says
Hate to say it but Rufus is long overdue to gooooooooooooooooooooo!!!!!!
05:45 PM
Captain Gutz says
m...k...b....,
I don't recall anyone saying Mr Sanders would be proven wrong.
05:37 PM
Tman says
Ole Roof is at it again.......and got blasted again from everybody except......wouldn't you know it.......ole mkb. Could your initials be mks???
04:47 PM
mkb says
people in your attempt to fight every word that Dr, Sanders says you have not ddress his column's main point.......and that he predicted back in May that the Arizona law would be deht clared ineffective........he was right....will someone please give him some credit for once.....for being right about this issue.....then go ahead and criticize him........but admit he was right!01:26 PM
tmt says
Rufus, you end your essay with "respect for the rules of Federal Laws" How does an illegal respect our rules of federal law? What about all the Hispanics, Indians, Europeans, etc. that went through the system legally? Illegal is illegal no matter what and does not respect the rules of Federal Law.
12:58 PM
The New World Czar says
Will Rufus' next tirade be about those "evil judges" in Virginia who ruled that the state can challenge Obamacare in court?
11:05 AM
starryeyes83 says
" Brown power" ?? If that headline would have read "White Power"...whoo hoo ... watch out.09:22 AM
brutus smith says
Wow, winnie hoping we get attacked. Funny the Nazi right wingnuts are all for the "show me your papers" law. Tatoo's next? Crime in Arizona was down, so it has nothing to do with the crime rate. You right wingers really believe this law only pertains to illegals? Get a grip on reality.
08:54 AM
Mime Bloggling says
Oh, Rufus...there goes that word "hate' again you use so often to stir the pot of racial discord in this country. The ILLEGAL immigration issue is far from over as evidenced by the ruling of the State of Virginia's Attorney General Ken Cuccinelli along with 34 other states pursuing similar legislation.
National Black Republican Association
http://www.nbra.info/index.cfm?fuseaction=home.main&x=2096787
08:30 AM
Salvatore says
Brown Power? What does Brown Power, White Power and Black Power sound like? The state of Arizona has been invaded by Mexican Nationals and Mexican drug cartels control parts of Arizona. Rufus is too narrow minded to write a thought provoking column.
08:26 AM
mikel says
rufus, this is too funny. you cite that the law would promote a warrantless arrest. since when is breaking the law warrantless? does this mean that you also feel dui checkpoints are warrantless? how about someone fitting the description of a bankrobber, is that also a warrantless arrest? like the obamass admin your rantings hold little merit.
08:20 AM
thinktwice says
I consider requesting proof of Legal Citizenship a form of "paying dues" to live in a Country.like ours. And learn English too. Become a productive Citizen outside of having babies would be a plus as well.
06:07 AM
Taxed Enough Already says
Rufus Sanders is funnier than Don Lee. Now if we can just get him to draw the cartoons part.
05:42 AM
Captain Gutz says
What does "...cost the greater concern..." mean?
05:35 AM
6079 Smith W says
Mr. Sanders writes:
"Arizona Anti-immigration law"
Mr. Obama and political opportunists like you continue to take lessons from Dr. Joseph Goebbels and propagate the same slimy lie.
It ain't "anti-immigration" it's "anti-ILLEGAL immigration."
It’s still illegal in the U.S. to keep out undocumented Democrats isn’t it?
Ya better hope that we don’t have a terrorist attack originating from an illegal anytime soon, or this issue will blow up in Mr. Obama and the Dems faces BIG TIME just in time for the Nov. elections.