20 Comments
Barter
10/19/2016 09:28:20 am
Yes! I am asking for your opinion, not on immigration in a broad sense, focus on the federalism issues brought up by this case.
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Meghan
10/23/2016 06:54:55 pm
There are many examples of federalism seen in the SB 1070 issue. The bill itself is created through federalism, it is a prime example of the tenth amendment. Due to the tenth amendment Arizona was able to pass a law on immigration because it isn't a power directly given to the national government. Federalism was then used in attempt to strike it down when the Supreme Court struck down some of its provisions. The issue seen here is the struggle of power, it seems like the state and national governments are in a constant battle.
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Jesus
10/23/2016 09:20:00 pm
This is an example of how states can do things that are unconstitutional, as SB 1070 violated fourth amendment, and that the federal government can protect citizens' rights by overturning the state legislation
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Kayla
10/23/2016 09:30:24 pm
The 10th amendment is a good example of federalism here, however, if the law was in conflict with a law passed by the federal government, then it would be overruled so the struggle is more clear here than it could be.
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Jesus
10/23/2016 09:15:10 pm
The never ending struggle between state and federal governments in a federal system is illustrated in the issues with SB 1070. Arizona's State Government passed a bill that the federal government did not take jurisdiction over to begin with. This is a good example of how a federal system should work as the state took control over an issue and the national government reviewed it and revised it so that the states could not strip people of their constitutional rights.
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Kayla
10/23/2016 09:33:17 pm
It was really interesting that the Supreme Court could veto parts of bills and leave the others so that they could protect as many of the people's constitutional rights as possible. That middle ground is really representative of how federalism is designed to work.
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Meghan
10/24/2016 10:22:31 am
This is also a prime example that when state and federal government laws conflict, federal law over-rules the state. The court found that some of the SB 1070 provisions conflicted with federal immigration laws.
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Caden lawyer
10/24/2016 11:20:02 am
So youre saying that it supports the federal system right? The states were overstepping their boundries, so the national government intervened.
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Kayla
10/23/2016 09:26:57 pm
The first instance of federalism is shown in the original passing of the law which would be supported by the 10th amendment that gives states the powers not outlined in the constitution for the federal government. Then the controversy relates to the due process clause of the 14th amendment. It also demonstrates the federal government's superiority over the states when laws conflict in the Supreme Court decision. When all of the different precedents are taken into account I think it is a fair example of federalism in today's complex society.
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Ashlynn
10/24/2016 09:56:46 am
The tenth amendment is definitely an excellent example of SB 1070 and how the court displays federalism
Caden Lawyer
10/24/2016 12:50:55 pm
I like how you pointed out it was fair. The reason of the superiority was to avoid the states claiming too much power, so i agree that it was fair.
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This is a good example of the 10th amendment because it gave Arizona powers that were not given in the Constitution. Yet, I think that because the Supreme Court ruled the law as Constitutional there should be another Supreme Court case to rule it as unconstitutional.
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Jesus
10/24/2016 08:12:33 am
The Supreme Court ruled parts of the bill as unconstitutional because the State cannot pass laws that take people's rights away.
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Ashlynn
10/24/2016 09:50:36 am
Even though states can't pass laws that violate individuals rights the supreme court only chose what suited them best to rule on so I do agree to the fact that they do need to have another court case with a nwe ruling
Ashlynn
10/24/2016 09:47:34 am
I definitely believe that the 10th amendment is at play, with the supreme court ruling that laws such as this are constitutional however the tenth does not give power specifically to the states. The federal government's however they believe their superiority over the states when laws conflict the Supreme Court decisions such as one's like this.
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Meghan
10/24/2016 10:17:10 am
The Supreme Court ruled parts of the bill unconstitutional. Also the 10th Amendment plays a role because the powers that aren't specifically given to the national government are reserved to the states or the people.
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Caden Lawyer
10/24/2016 11:17:28 am
The article was a good example of federalism because it used the precedents from other federalist cases. Like the 10th ammend, And the steamship case.
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Caden Lawyer
10/24/2016 12:41:46 pm
Also, it emphasized how the national government has the ability to protect the people from the states.
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