Does the U.S. Constitution limit the federal government to a few, specifically enumerated powers, with all other powers retained by the states or the people? Or is it a blank check for tyranny? These questions have been at the center of America’s national debate since the Constitution was submitted to the states for ratification in 1787.
Several key GOP senators are calling for congressional hearings into the 14th Amendment’s supposed grant of citizenship to children born in the United States whose parents are illegal aliens.
From infancy on, most Americans hear a steady litany of “compromise, compromise, compromise.” Whether parents are breaking up a toddler fight in a sandbox over a big, yellow Tonka truck or a teen scrape between siblings over which child will get to use the home computer, kids hear, “Work it out. Compromise!”
Apart from the question of whether there exists an enumerated power in Congress to legislate in matters of immigration policy, there is the question of the legality of the lawsuit filed by the Obama administration against the State of Arizona and Governor Jan Brewer. There is evidence that the suit is proscribed by the Constitution and accordingly should be dismissed upon appropriate motion of the defendants.
In Judge Susan Bolton’s ruling granting the federal government partial preliminary injunction of several key provisions of Arizona's S.B. 1070, she made specific reference to the exclusivity of federal power to regulate immigration. Arizona, she held, should be prohibited from legislating in an arena that the Constitution meant to be within the zone of federal power.