Arizona's SB1070 (a.k.a. "Show Me Your Papers" Law) Struck Down

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lopri

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Jul 27, 2002
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SCOTUS just announced -> http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

Held:

1. The Federal Government’s broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to“establish an uniform Rule of Naturalization,” Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations.

2.The Supremacy Clause gives Congress the power to preempt state law. A statute may contain an express preemption provision, but state law must also give way to federal law in at least two other circumstances.

First, States are precluded from regulating conduct in a field that Congress has determinedmust be regulated by its exclusive governance.

Second, state laws are preempted when they conflict with federal law, including when theystand “as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”
 

lopri

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Jul 27, 2002
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dmcowen674 beat me to it in his thread. Mods can merge or delete this thread.
 
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