Feathered Bastard

Russell Pearce's Latest Unconstitutional Measure, Illegal Re-Entry

Something wicked this way comes, and no, it ain't Macbeth, it's state Senator Russell Pearce's latest unconstitutional legislation, SB 1394, scheduled to be discussed in the state Senate Judiciary Committee today at 1:30 p.m.

The bill makes it a class-four felony under state law for those found guilty of unlawful re-entry, one of Pearce's many pieces of proposed legislation aimed at the same goal: The usurpation of federal authority by the state of Arizona. 

See, the U.S. Supreme Court has long ruled that the federal government has sole discretion over immigration matters, and federal law already bars illegal re-entry into the United States. Why, even the nativists over at the Center for Immigration Studies recognize this fact.

"Article I, Section 8, Clause 4 of the Constitution grants Congress the power to establish a `uniform Rule of Naturalization.' From this has developed the `plenary power doctrine,' which holds that Congress has complete authority over immigration matters. The Supreme Court has said that `over no conceivable subject' is federal power greater than it is over immigration. As a consequence, as the Court has said elsewhere, `In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens.'"

Why are Pearce and his allies attempting to pass legislation that will inevitably be struck down after a court challenge? Don't they have more important things to do, such as attend to the state's ever-shrinking budget?

Pearce is driven by a hatred for Hispanics and pure bigotry. That's clear. Many of his colleagues are driven by a fear of Russell Pearce, known to be a bully in his role as Chairman of the Senate Appropriations Committee. 

At least one major advocacy group is speaking out -- Border Action Network. It has an alert asking you to fax the members of the Judiciary Committee, telling them to vote no on SB 1394. You can sign up for BAN's e-mail alerts, here.

Since time is of the essence, I give you a list of the Senators on the committee, with their e-mails and phone numbers. Some like, Miranda, Cahill and Chevront know the score, but a reminder to all that this Hispanic-hating measure is unconstitutional and is being sponsored by a neo-Nazi hugger like Pearce can't hurt, even if it ultimately passes out of committee.

Meg Burton Cahill, 602-926-4124, [email protected]

Ken Chevront, 602-926-5325, [email protected]

Chuck Gray, 602-926-5288, [email protected]

John Huppenthal, 602-926-5261, [email protected]

Richard Miranda,  602-926-5911[email protected]

Jon Paton,602-926-3235, [email protected]

Russell Pearce, 602-926-5760, [email protected]

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Stephen is a former staff writer and columnist at Phoenix New Times.
Contact: Stephen Lemons