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Political Hay
Obama’s Crazy Quilt Federalism
Perhaps Arizona should get into the medical marijuana business.
The Obama administration claims that its legal challenge to Arizona’s new immigration-enforcement law is motivated entirely by the administration’s strict adherence to the Constitution. (Don’t laugh.)
Arizona’s law is an encroachment on the federal government’s rightful jurisdiction, the administration argues. As Attorney General Eric Holder said, “It is the responsibility of the federal government to decide immigration policy.”
Let’s ignore the obvious rebuttal that the Arizona law actually doesn’t supersede or even contradict federal law, but rather allows local and state law enforcement officers to assist the federal government in upholding its own policies. It isn’t an immigration law, it is an immigration-enforcement law. Let’s instead examine the claim that the Obama administration must act because it cannot tolerate a state asserting authority rightfully reserved for Washington.
In October, the Obama administration responded to the multiplication of medical marijuana laws throughout the fruited plain by abdicating its authority to enforce the federal law that criminalizes the use of marijuana.
“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana,” Holder said at the time.
White House Press Secretary Robert Gibbs refused to say “what states should do” about medical marijuana.
With multiple states defying Washington’s authority to regulate marijuana use, the Obama administration stepped back, allowing state laws on the medical use of marijuana to become the supreme laws governing that behavior in the country. The Supremacy Clause be damned; Obama was not going to assert Washington’s authority on that issue.
On June 30 of last year, the Obama administration granted California and 13 other states a waiver to set stricter greenhouse gas auto emissions standards than were allowed under federal law. The Bush administration had denied the waiver. Although the EPA press release announcing the decision asserted that it was based on “science,” it was clearly a political move.
Obama was in office less than a week when he ordered the EPA to reconsider the Bush administration’s waiver denial. As the New York Times put it at the time, “The directive makes good on an Obama campaign pledge and signifies a sharp reversal of Bush administration policy. Granting California and the other states the right to regulate tailpipe emissions would be one of the most emphatic actions Mr. Obama could take to quickly put his stamp on environmental policy.”
The Times went on:
While it stops short of flatly ordering the Bush decision reversed, the agency’s regulators are now widely expected to do so after completing a formal review process.
Once they act, automobile manufacturers will quickly have to retool to begin producing and selling cars and trucks that get higher mileage than the national standard, and on a faster phase-in schedule. The auto companies have lobbied hard against the regulations and challenged them in court.
One of the automakers’ arguments against granting the waiver was that it could result in 50 different emissions policies with which manufacturers would have to comply.
“William L. Kovacs, a vice president for environmental and regulatory issues at the United States Chamber of Commerce, said free-for-all federalism was bad for business and would lead to a ‘patchwork of laws impacting a troubled industry,’” the New York Times reported in January of 2009.
That is the same argument Attorney General Eric Holder made against Arizona’s immigration law. He even employed the same word — “patchwork” — Kovacs did.
About the Author
Andrew Cline is editorial page editor of the New Hampshire Union Leader. His Twitter ID is @Drewhampshire.
Letter to the Editor View all comments (35) | Leave a comment
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cats1cowboy| 7.13.10 @ 6:23AM
A green card is issued to all permanent residents as proof that they are authorized to live and work in the United States. If you are a permanent resident age 18 or older, you are required to have a valid green card in your possession at all times. Current green cards are valid for 10 years, or 2 years in the case of a conditional resident, and must be renewed before the card expires. (see http://www.uscis.gov/portal/site/uscis
PolishKnight| 7.13.10 @ 10:00AM
I'm aware of and not disputing the law, but it's highly unenforceable. If a legal alien goes swimming, are they expected to carry the green card in their swimming trunk in the water? What if they're in the hospital and under anethstesia?
That said, it is reasonable to expect that a permanent resident should have ACCESS to their green card at all times and able to present it to law enforcement authorities given reasonable notice.
Sadly, US citizens are caught between two sets of bad immigration laws that are overly strict with legal residents and tolerant of illigal immigrant behavior.
Al Adab| 7.13.10 @ 12:17PM
PK,
Just like a drivers license. We all carry those. Legal aliens (visitors, residents, whatever the PC term of the day is) have their green cards. In fact every year they are required to report their adress to ICE. Ever get asked for ID? Nothing untoward about showing one's legal visa.
Good to see you here still. All the best.
Alan Brooks| 7.13.10 @ 12:26PM
It is too late in the day, you wait until Mexicans get their hooks deep into AZ, and THEN you want to do something about it?
RDN in Houston| 7.13.10 @ 1:38PM
PolishKnight:
You wrote:
"If a legal alien goes swimming, are they expected to carry the green card in their swimming trunk in the water?"
Yes, if they are swimming towards the north bank of the Rio Grande.
AMENBRO| 7.13.10 @ 2:06PM
You means hauling assets to the
EL NOR-THE COuNTRY CLUB
Al Adab| 7.13.10 @ 2:15PM
RDN,
Surely you mean the Rio Bravo del Norte.
Sam| 7.13.10 @ 2:25PM
True- but what about immigrants who have become citizens? There is also a large group of Mexican immigrants who have now become American citizens after getting their green card and living as a permanent resident here for 10 years.
Al Adab| 7.13.10 @ 4:04PM
What about them? As citizens they are outside this debate. Of course the administration just deported American citizens in the person of the children of the Russian spies just traded. How do they justify that?
Alan Brooks| 7.13.10 @ 8:48PM
AWW the poor kids of Russian spies, you bleeding heart, Al Adab el do ya.
Aindyin| 7.13.10 @ 8:58PM
Hmm thats the very excuse that noobs use where I work, that its not fair to punish the kids for what the parents did. Guess only russian kids get punished and not mexiacn kids. As far as Im concerned if the parents arnt here legaly then niether are the kids.
AMENBRO| 7.13.10 @ 6:48AM
Face it, these two are the EXECUTIVE i.e. electable executives of the New Black Panther Party.
In other words these guys have moneyed handlers allowing them to leave the ground work to King Shabaz. If somebody digs deep enough into Obama's videography I'd bet they find similar rantings missing only homicidal maniac proclivities. Reference exactly how naive both he & Michelle's faux paus were once ascendant to the National Stage. Exactly who was Michelle not proud of as an American????? Frickin A bubbette you were making 324K doin nothing!!
Blackknights 1802| 7.13.10 @ 7:20AM
Once again, the progressive formula defies human logic.
martin j smith| 7.13.10 @ 7:42AM
Its not a matter of a patchwork quilt but pure strategy. Every move that BHO makes is from his ideological and thus the strategy that supports the ideology. Everything from this vantage point makes perfect sense.n What is needed in the Conservative side is a counter strategery that outwits BHO. Thus a need for an Institution for Political Counter Terrorism specifically geared to be on top of and counter every strategicv move of BHO.
Ret. Marine| 7.13.10 @ 8:11AM
Anyone notice a pattern here? Obummer-boy only uses the Federal power, once a uniformed idea, to get it's end desire. Campaign promises. Those who believe in the 10th and stick to it's foundation are less desirable for this pretender-n-theif because in the end it will be the 10th that will put a halt to the interference from the Fed's. Holders idea to sue the Az. state put this one point to the issue clearly. They are simply allowing for the uniform enforcement to apply to State's rights and those who swore an oath to protect it's citizens against a war on their liberties, their finances, and laws. The obummer-boy administration is not one to give in easily, one only has to look no futher than the oil moratorium, ( States rights- 2, obummer's water boy holder's DOJ-0 ) and yet he is going to once again reinstate their right to keep our energy production, and by extention labor, under the control of the exective branch. I keep thinking of the new deal from the Russians as of late, oil once promised to the East Asain basin now going to the U.S. and the deal with the Brazilian 2-billion loan to increase production to the world markets. I believe we have yet to see why they keep on chugg'n along with the illegal use of the power from the feds in regards to deals that may have been into play between Putin and obummer-boy, something is very foul here. I suspect it will come to light when the Iran vrs. the free world comes into play and might well explain why this admin/DOJ keeps on pushing for more power from the E/B.
Old Soldier| 7.13.10 @ 8:16AM
I know you told me not ot, but I laughed at the first sentence.
AMENBRO| 7.13.10 @ 2:29PM
So ya think the unions & the socialist don't expect progress on their investments . Soldiers were always different from Squids & Jars.
Old Soldier| 7.13.10 @ 3:10PM
I have no idea what that means - and I was a Marine before re-enlisting in the Army. I was talking about the first line of the article.
Tim*| 7.13.10 @ 9:17AM
The Obama Administration brings a loser suit against Arizona ,while failing to prosecute The Black Panthers in Philadelphia.
Bottom line , Obama is developing reverse coattails and screwing the Democrat Party for The Midterms ,while pandering to two specific minority voting blocks , playing to his own 2012 campaign and future Hispanic demographics .
The Tea Party Rebellion Escalates .
We Remember in November .
uncle curmudgeon| 7.13.10 @ 9:51AM
Rule of Law v rule of Men: your choice. The polls will be open this November.
Anthony| 7.13.10 @ 11:37AM
And speaking of selective enforcement, i.e. Arizona; where exactly has the Obama Justice Department been with all those the "Sanctuary Cities"? Or the Black Panthers.
Is there anybody at the Obama/Holder Justice Department that's not a Leftist ideologue? Please raise your hand so we can see you.
How does the saying go? "America is at that ackward stage where it's too late to work within the system, but too early for revolution".
I too can see November from my window.
Al Adab| 7.13.10 @ 12:11PM
What about the kids of the Russian spies who were just deported with their parents? A couple of them were American Citizens. Does any of this make sense?
Yosemeti Sam| 7.13.10 @ 11:49AM
"Obama's Crazy Quilt Federalism ...."
IOW - schizophrenia!
Yet, from two enforcer half and halfs - no less!
LOL.
Oldefarte| 7.13.10 @ 11:54AM
No, Andrew, it should be referred to as OBAMA LAW. After all, he's THE SUPREME CHOSEN ONE, right? He should be able to do anything he damned well pleases to do, since he is all knowing, and the blessed, one. Hades, on Hannity's radio show yesterday was a representative of Louis Farakan's organization that declared that African Americans were the chosen people of God, not the Jews, and that because of same, they/blacks were due reparation for slavery. Well, as an African American member of the chosen people of God Almighty, Obama no doubt rightfully can proclamate any laws, or ignore same, that he so wishes to, right??????????????????
AMENBRO| 7.13.10 @ 2:36PM
CHOSEN BOUGHT & PAID FOR SIR. This ficker hasn't had an original thought, besides a short iron lie or fast break jumpshot alternative since birth, then discovery he could be dressed up, stood up & given a script. His wife isn't much less obvious.
Its as obvious a John Edwards was just plain sick on sight to REAL PEOPLE.
Louis Jenkins| 7.13.10 @ 12:13PM
This is just another case of the Pretender n Chief's efforts to scramble the American landscape into haves, have nots, free, or less free. And he's doing an admirable job of it too. I find it odd that Arizona cannot establish its own immigration law, yet Arizona can establish its own mary jane rules. I have a picture of Obama blowing some dope on my computer, so it goes to figure. I dare say he still partakes. A dope head-Pretender n Chief.
hardcard| 7.13.10 @ 1:58PM
We are a rule of law country. If the executive branch of our government does not uphold the Laws of these United States it is in violation of our Constitution, an impeachable offense. It's time for legal action now.
Nancy in NC| 7.13.10 @ 4:38PM
So when do we start?
Didn't you mean we are supposed to be a rule of law country? It seems to me that it depends on who we're talking about. If you're a sanctuary city, the rule of law doesn't apply. If you're a member of the new black panthers, the rule of law doesn't apply. If you're the Secretary of the Treasury or Charlie Rangel, the rule of law doesn't apply.
The problem IMHO is that we have lots of laws...no enforcement.
S.L. Toddard| 7.13.10 @ 6:36PM
Obama is right on Mary Jane and wrong on Maria and Juan. The federal gov't has no authority to regulate illegal drugs - none. That is an issue utterly independent of whether it SHOULD have that authority, btw. It does have the authority - and the duty - to enforce immigration laws. However, Obama is abdicating that responsibility, forcing Arizona to act.
Viva Arizona, says I.
John II| 7.13.10 @ 8:17PM
Viva Tod, says me. My dear Tod, it is so pleasing, amid this relatively mild summer, to be able to agree with you. Now let's just stay off the topic of Iran and we can both enjoy what's left of the summer.
Jeff Perren | 7.13.10 @ 7:30PM
Mr. Cline, are you suggesting that Eric Holder and Barack Obama are liars? Oh, say it isn't so! Who would have considered that possibility?
:)
bluecollarbytes| 7.13.10 @ 9:42PM
For those 'concerned' about a quasi-legalization of marijuana, it's become clear that Obama's "directive" (whatever that means) to Federal authorities to back off from states seeking their own tailored cannabis-laws, means squat. I believe Obama made an entirely casual decision to throw a half a bone, or perhaps a baggy of gristle, to the pot-heads. Once the Obamafusion hit the fan, he directed the DEA to continue on with their enforcements, much to the surprise and naivete of the PHs- who believed Obama was here to save them. PopMedia has been nearly silent of commentary that links Obama's offhanded pot-directive to the current phenomenon. I rant this as a supporter of legalization, but this issue is of no significance when the future of our country is at stake from Obama's megalomaniac drive combined with his forced march of us captives.
Obama would not be the first president (from either party) where his ideological Federal vs States' rights stance is exposed as more of a set of political calculations than adherence to principle. I don't remember having a 'preacher' as prez though, and a hugely hypocritical one at that.
Marc Jeric| 7.13.10 @ 11:57PM
Abu Hussein al-Mombassa (or wherever in Kenya that communist Muslim was born), our Community Organizer-in-Chief, is presiding over an openly racist government. See the case of Black Panthers, "Reverend" Wright, etc. Felons elected Minnesota senator, just like in the case of Washington State governor - and our RINO's just keep their silence. Where are the lawsuits?