We have a couple of legal experts who participate in this blog either as contributers (Law Talking Guy) or frequent commenters (Seventh Sister). I'd like to hear their comments on this new immigration law in Arizona. Hopefully there are other legal types out there lurking in the ether who could contribute to a discussion here too. In particular I'd like their opinions on the following questions:
Wednesday, April 28, 2010
1) Supporters of the law say it's no different than laws already on the books in many states or in federal law. Critics seem to think aspects of it are obviously unconstitutional. They can't both be right. So how different is this law from those already in force and what are the major innovations?
2) There is a part of the law that says that individual citizens may sue the local authorities if they believe that the local authorities are not enforcing the law sufficiently. From an oversight perspective this is fascinating. I have never heard of a law including this kind of clause. It seems to be a kind of "notice and comment" rule on steroids. It would also seem designed to allow the "high demanders" set the bar for appropriate enforcement. My question to any legal types out there in the ether is this: How novel is this clause?
Posted by Raised By Republicans at 7:05 AM