Arizona state passes law against hiring illegal, how long before corrupt courts overturn it?

Question

http://www.azcentral.com/specials/special46/articles/1207mr-sanctions1208-ON.html

Will renegade judges once again usurp the citizens will?

Answer 1

Judicial opinions require support based on statutory law, common law, and constitutional law. Common law is, in layman's terms, case law. That is, decisions handed down over the years, decades, and even centuries support our current legal framework. Our judicial system dates back to 1066 A.D. when the French Normandy invaded and conquered England in the Battle of Hastings. So our common law has nearly a thousand years of history behind it, and more as some early cases reference legal treatises from much earlier dates. Essentially, when a judge hands down an opinion, that opinion must be supported by our common law. The judge must also include in the opinion the references to those cases which support those decisions. Essentially, judges do not arbitrarily decide that they dislike a law, and then overturn it. Even courts of higher authority must provide a basis of support for their decisions.

In the case of statutory law, the court must also provide support for its decisions interpreting statute. In doing so, it turns to any written record that is available on the intent of the legislature, it may turn to other jurisdictions that have interpreted similar laws, and it will look to its common law for assistance as well. The court will not, cannot, simply hand down a decision with no rational basis or support. In addition, a court is also charged with upholding its state constitution and the Federal Constitution. If a statute violates the state constitution or Federal Constitution, that statute cannot survive.

Be careful of falling to prey to propaganda about "renegade" or "activist" judges. Our democratic system is a carefully balanced, hand-crafted, three branch system. No branch should ever become too powerful so as to usurp the power of another branch. The same goes, in my opinion, for political parties. No party should ever be in complete control over both houses of Congress and the White House, lest the lawmakers' power result in runaway legislation that goes too far in one, or not enough in another.

Answer 2

Actually, you really should back off for a second. Frequently, the judges overturn it because it violates the state's constitution. The solution here is: GET YOUR STATE CONGRESS TO PASS AN AMENDMENT TO THE CONSTITUTION. Forget statutes, go for an amendment.

Answer 3

Judges need to follow federal law over state law. If a state law conflicts with national law, it must be overturned.

I don't know the details of this law, but I have a feeling it violates IRCA.

Answer 4

Let's hope not.
This is why it's so important to write to your state representatives.