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Should Eric Holder treat the AZ immigration law and the CA pot law the same?

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KansasVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:27 AM
Original message
Poll question: Should Eric Holder treat the AZ immigration law and the CA pot law the same?
Should Holder allow the voters to decide the immigration policy in AZ and allow the voters to decide the marijuana policy in CA or should he enforce then differently.
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Lyric Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:29 AM
Response to Original message
1. The AZ law is unconstitutional. The CA law is not.
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:30 AM
Response to Reply #1
2. THIS.
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:31 AM
Response to Reply #1
3. +1. nt
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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:32 AM
Response to Reply #1
5. You're correct about the AZ law but the CA law doesn't exist yet
Actually we won't know about either law until they are tested in court, but I'm pretty sure when that happens the result will be as you suggest.
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Lyric Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:36 AM
Response to Reply #5
7. Fair enough. How about the "proposed" CA law does not appear to be unconstitutional?
I can't see how it violates anyone's rights, or steps on any constitutionally-protected federal authority. Congress has the right to regulate interstate commerce, but this law is about INTRAstate commerce--and as such, it's solely within the boundaries of California's state sovereignty.

I believe that if this law passes, and someone in California who's legally protected under the statute gets raided by the feds, the appeal process in federal court will eventually end with a win for California.
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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:47 AM
Response to Reply #7
10. I agree but in the short term
Holders threat to enforce federal controlled substance laws after the passage of Prop 19 is empty bluster.

There is not a sufficient federal presence in the state to mount a user-level enforcement effort and they aren't going to get any help from cash strapped local law enforcement agencies.

It's ludicrous to imagine the FBI running around busting kids smoking weed while white collar felons and war criminals get a free pass.

Assuming this proposition passes, the adjudication will be an interesting test of the right wing's beloved 10th Amendment.
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KansasVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:07 PM
Response to Reply #1
13. So holder should only enforce laws in the constitution???
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:31 AM
Response to Original message
4. Define "should."
Are they equal? No. However he is legally obligated to defend and enforce federal law. Therefore to do is job, he has to go after both.

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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:35 AM
Response to Original message
6. The voters decide then the courts can interpret even what the
voters want to be unconstitutional. We do not have pure majority rule.

If the voters and the representatives wanted to declare Wiccan the national religion, even as a large majority, they can't have it, due to the first amendment.

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Ichingcarpenter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:36 AM
Response to Original message
8. Everything should be decided after


The US Senate or the US Supreme Court
decides what is BEST.. Since they tell you what
is BEST for this Nation.



LOL!
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pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:41 AM
Response to Original message
9. Is Holder's job to enforce federal law until it is changed or reinterpreted by the courts? Or
does he get to decide which federal laws to enforce and which to let slide (as a perk of his party winning the election)?
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:01 AM
Response to Original message
11. Eric Holder should stay out of CA elections. n/t
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krabigirl Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:05 AM
Response to Original message
12. Holder should stay out of ca and az's business. I cant stand sb 1070 btw.
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