It [Constitution] was to repel invasion by aliens who challenged our sovereign authority to set the conditions of their presence on our soil. For that reason, border security has always been the highest prerogative of sovereignty. Immune from judicial interference, it answers to no warrant requirement. At the border, the federal government does not need probable cause — or any cause at all — to inquire into a person’s citizenship, immigration status, or purpose for attempting to enter our country. Agents can detain immigrants and citizens alike. They can perform bodily searches. They can go through every inch of a would-be entrant’s belongings, read his mail, and scrutinize the contents of his computer. A person subjected to this treatment may find it degrading or unfair, but the courts have nothing to say about it. At stake, after all, is the irreducible core of a sovereign people’s power to protect themselves from intruders. At the southern border, however, the federal government has forfeited its power. As a result, Arizonans are imperiled by Mexico’s brutally violent warring factions. They are crushed economically as the magnet effect of our unsustainable welfare state falls disproportionately on their schools, hospitals, jails, and pocketbooks, to the tune of nearly $2 billion per year.The question is, what does the Constitution say? It appears the text of the Constitution supports the immigration law:
Article I, Section 8-Powers of Congress
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;To repel invasions precisely pertains to the immigration problem Arizona is having. No one has the right to be here illegally. Does not the law prohibit racial profiling? Then why not provide ID upon probable cause?
Article IV, Section 4-Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.No doubt the general legislature has failed to protect Arizona from domestic violence. The burden of illegal immigrants has afflicted domestic violence; from drugs, increased tax burden, to health services. The government has been guilty of perpetuating this lack of security since John F. Kennedy.
People are incensed by this law. Is it too much to ask, to carry an ID on your person?