...according to Scalia, if Arizona had known what was coming from his colleagues yesterday, they never would have joined the United States. No other state would have either. The Arizona ruling, in Scalia’s telling, would have destroyed the country even before it was born.
And what authority did Scalia cite for his broad conception of the role of the state? He went back into history to examine the role of states in policing immigration. He pointed out that
In the first 100 years of the Republic, the States enacted numerous laws restricting the immigration of certain classes of aliens, including convicted criminals, indigents, persons with contagious diseases, and (in Southern States) freed blacks. State laws not only provided for the removal of unwanted immigrants but also imposed penalties on unlawfully present aliens and those who aided their immigration.It’s worth pausing to remember what kind of immigration the states (especially the Southern ones) handled in those bygone days; much of it had to do with slavery, of course...
Tuesday, June 26, 2012
More on Judge Scalia's latest outrage in the Arizona immigration Supreme Court ruling. Here is a riff from a Mean Person on the Internets:
But is it really a good idea to use the Sovereign State of South Carolina's immigration policy circa 1788 to justify a ruling addressing a 21st century law? Don't you just open yourself up to needless bitchslapping over the whole slavery thing?
Good one Judge.