Thursday, July 29, 2010

Clinton Appointee disregards law and Constitution in support of meritless government arguments

Clinton Appointed Susan Bolton

"There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law), by enforcing this statute, Arizona would impose a 'distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose."— U.S. District Judge Susan Bolton
The argument is this, If the Federal government abdicates it’s Constitutional duties (which it has) which are to protect American borders and protect the American people, is a State within the Constitution if that State enforces Constitutional laws that the Federal government refuses to enforce?

Clinton appointee Judge Susan Bolton is symptomatic of everything that is wrong with America. She has made herself complicit in the Federal government’s violation of the Constitution of the United States of America. We are no longer a nation of laws; we are now, a nation of progressive judicial rulings.(see article)

Judge Bolden did not rule on the facts of Arizona’s immigration case nor did she rule on the law. Instead Judge Bolton ruled on the nonsensical “what if” arguments that the Barry Hussein Soetoro administration have been floating in the Progressive Leftwing Media. (Complaint)(Response)(Decision)

The Soetoro administration mischaracterized this case as a civil rights issue instead of the National security or National sovereignty issue that it is. And judge Bolton foolishly bought these unreasonable arguments instead of applying the law. This is exactly the danger of an Elena Kagan and a Sonia Sotomayor on the U.S. Supreme Court because this is exactly what they will do.

The Soetoro administration argued “what if” resident aliens or even Mexican Americans are stopped and asked about their citizenship wouldn’t that be a violation of their civil rights? They also argued, “what if“ there is racial profiling would that be a violation of civil rights?

The Soetoro administration argued for the court to accept that there might be instances of civil rights violations, if Arizona police in the normal conduct of their duties ask someone in a lawful contact to show some identification. Judge Susan Bolton did.

The answers to these “what if” arguments where so simple that even a Federal judge couldn’t mess up a decision on the facts, until of course Judge Susan Bolton did. It is clear now that her apparent inability to adjudicate unbiasly and logically is probably why this Clinton appointee was selected to hear this case.

That notwithstanding, the answers are, one: we are all subject to being stopped and asked for identification. There is no undue civil rights burden placed on anyone asked to produce identification in this manner. As citizens, we carry identification with us at all times. Two, the Arizona law is explicitly written specifically to prevent and discourage racial profiling. Racial profiling is a politically correct trumped up non sequitur meant to cloud the debate and divide the America people by the Left.

Look every time you and I are stopped by the police we are asked for identification, but according to Judge Bolton’s ruling illegal aliens are now a special protected class complete with special rights, they cannot be asked the question that hundreds of thousands of Americans are asked every day, “May I see some identification.” Below are provisions of Arizona’s 1070 bill that Judge Bolton blocked.

Key parts of Senate Bill 1070 that will not go into effect Thursday:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.
• The portion that creates a crime of failure to apply for or carry "alien-registration papers."
• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)
• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

Andy McCarthy said that this decision is "nuts"

The judge, however, twisted to concept of federal law into federal enforcement practices (or, as it happens, lack thereof). In effect, the court is saying that if the feds refuse to enforce the law the states can't do it either because doing so would transgress the federal policy of non-enforcement ... which is nuts.

The judge also employs a cute bit of sleight-of-hand. She repeatedly invokes a 1941 case, Hines v. Davidowitz, in which the Supreme Court struck down a state alien-registration statute. In Hines, the high court reasoned that the federal government had traditionally followed a policy of not treating aliens as "a thing apart," and that Congress had therefore "manifested a purpose ... to protect the liberties of law-abiding aliens through one uniform national system" that would not unduly subject them to "inquisitorial practices and police surveillance." But the Arizona law is not directed at law-abiding aliens in order to identify them as foreigners and subject them, on that basis, to police attention. It is directed at arrested aliens who are in custody because they have violated the law. --Andy McCarthy (source)

Judge Bolton has done irreparable harm to the integrity and independence of all U.S. jurisprudence. Her ruling is further confirmation of the corruption of Executive, Legislative and Judicial branches of the U.S. government.

It is apparent to everyone except the Radical Progressives and Judge Susan Bolton, that the Federal Government is engaged complicatedly with the enemies of the United States to fundamentally change this country. Change it from a country based on the principles of the Constitution and the Founding Fathers into a nation that no longer is a nation of laws but a nation of progressive judicial rulings.

1 comment:

  1. Montana11:12 AM

    “House Bill 2013” and “SB1070”

    0 = Arizona
    2 = USA/ Our Constitution/ We the People of the United States

    This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

    In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

    It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;

    1. S.B. 1070,
    2. House Bill 2013
    3. No permit conceal weapons law,
    4. The famous Birthers law,
    5. Banning Ethnic studies law,
    6. Banning human-animal hybrid (aren’t most GOPers crossed with the Reptilian race?)
    or are they just giving Laurence Gonzales, some great promotion material for his new book “Lucy”.

    7. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
    8. On deck to pass, no citizenship to babies born to undocumented workers,

    9. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
    10. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.

    Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.

    Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!

    As they say in the World Cup: Gooooooooal!