Immigration and Citizenship

OK--I'm going to tackle the Arizona Immigration Law and probably in my usual way get half of my friends afraid to talk to me and the other half agreeing with me but wondering why?

It is clear to me that this law indicates we've lost it.

Yup--totally lost any concept of personal freedom and the Fourth Amendment to the Constitution which protects us from unreasonable search and seizure.

Let me remind you of those simple and direct words of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

While I believe the Arizona law will ultimately be found to be unconstitutional, I am very concerned about the mood in the country which so quickly gives away our basic rights as Americans believing that it is OK--in this case to do so. It moves the line ever so much closer to a totalitarian state.

I read what I believe is the law as it was adopter. Read it here Arizona Senate Bill 1070. There is a lot that is good and right with the law--it enforces federal code and law. But, here is the rub with the Fourth Amendment:

Article 8 Section E:

E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

This allows the officer to without warrant ask people (whom do you suspect they will be asking) to prove they are lawfully in the U.S.

I remember when I was growing up--driver's licenses in the State of NY did not even have pictures on them. Theoretically, the only way to prove you were an American was by not having any papers to prove you were.

What about the jogger? Do they now need to have proof on them at all times else risk being arrested? Sure, they should be able to prove they are legal, but that, friends, is unreasonable search and seizure.

The Arizona law goes on--and here is another huge error--

J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES CITIZENS.

The Constitution of the United States applies to everyone who is in the United States. It does not matter whether or how they or we are in the Country--there are protections.

Why do I care?

Simply, I have spent my whole adult life working, serving, and protecting this country and those who reside here.

The oath I took when I was commissioned a 2nd Lieutenant in the Air Force goes like this:

I, (state your name), having been appointed a (rank) in the United States (branch of service), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the office upon which I am about to enter. So help me God.

When I became a federal employee, now 12 years ago, I took another oath, very similar which is as follows:

" I, (state name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.''

And so--now you know--I am a defender of the Constitution of the United States. Perhaps the greatest document ever created by man to govern men.

I have sworn to protect our basic freedoms, and yes, I am a renegade civil libertarian. When I see that we are rationalizing the loss of basic freedoms--I become concerned.

Is there a problem. You bet there is. Freedoms lost can never be regained.

Let's work to enforce the laws while protecting the freedoms that our forefathers, and fathers, and brothers and sisters have shed blood and died to give to us. It is the legacy which is the United States of America!