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Kris W. Korbach on
State and Local Authority to
Enforce Immigration Law
June 2004

State Arrest Authority

The preliminary question is whether the states have inherent power (subject to federal preemption) to make arrests for violation of federal law. That is, may state police, exercising state law authority only, make arrests for violations of federal law, or do they have power to make such arrests only insofar as they are exercising delegated federal executive power? The answer to this question is plainly the former.

Background
The source of this authority flows from the states' status as sovereign entities. They are sovereign governments possessing all residual powers not abridged or superceded by the U.S. Constitution. The source of the state governments' power is entirely independent of the U.S. Constitution. See Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122, 193 (1819). (This article provides numerous sources.)

2006-12-24 21:31:52 · 3 answers · asked by Anonymous in Politics & Government Immigration

3 answers

Each state has their own right to make laws, separate from other states, as long as it doesn't break the constitutional rights of others.

2006-12-24 22:17:32 · answer #1 · answered by xenypoo 7 · 0 0

Federal laws must conform to the Constitution. Thus, immigration laws of states must comply with the requirements of the Constitution. The Police forces in the state can be given orders by the Central government.

2006-12-24 21:39:09 · answer #2 · answered by FRAGINAL, JTM 7 · 0 0

No. there have been in all threat 30 or so murders committed final night in inner city neighborhoods and none of them have been committed with criminal firearms. once you start up off putting limits on criminal gun possession, that provides the government -- a central authority like we've especially with Obama and Eric Holder -- the main remarkable to disclaim criminal gun possession. It does no longer something to give up unlawful weapons. those enormous NRA supporters and the individuals at gun shows? they are not those that committed those murders final night. This became carried out in South Africa, a bill virtually precisely like what's been proposed in Congress precise now, and that they denied each and all the needs. All it did became disarm the regulation-abiding public. It did no longer give up crime -- South Africa, as quickly as a thriving Western useful us of a, is now led via Marxists and the main violent us of a in the international. the united states of a has had the main remarkable to undergo palms for over two hundred years. we don't could replace the regulation -- we could replace the individuals who can no longer cope with the liberty of possessing weapons with out killing each and every thing in sight.

2016-10-28 08:09:36 · answer #3 · answered by englin 4 · 0 0

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