Just four days after the Supreme Court essentially struck down the City of Chicago’s draconian handgun ban as unconstitutional, the City Council unanimously approved a tough new gun-control regime — the strictest in the nation, actually. The new rules went into effect on July 12. But they are already being challenged in court.
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!”
Republican Attorney General Ken Cuccinelli of Virginia says The Old Dominion lawmen have powers envisioned in Arizona's new immigration law, which U.S. District Court Judge Susan Bolton recently pruned of its most important codicil. Acting on a legal challenge from the Obama administration, Bolton struck down a provision that permitted a police officer to check the immigration status of anyone he contacts lawfully if he suspects the person is an illegal alien.
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.