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AZ immigration law heads to Supreme Court
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Judge Napolitano weighs in on case
- Duration 2:42
- Date Apr 24, 2012
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Judge Napolitano weighs in on case
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The Supreme Court is set to hear arguments tomorrow.
On Arizona as -- controversial immigration law that requires police to check the immigration status at anyone they suspect is in that country illegally.
If that person -- stopped for any reason at the court must decide.
If the state law over steps federal power or if the state can enforce its own version at immigration policy.
I -- part time I was here Fox News senior judicial analyst and there's a little faster with that.
Part of the State's case judge because the state is arguing they want enforce our own version of immigration policy.
Because they believe the federal government is not doing its job -- point is that gastric.
Yes this case while the court is never reviewed that and this is really the heart of Arizona's argument and this is Arizona's conundrum.
The conundrum is you with the federal government are forcing us to make entitlements available to people who are here illegally.
The federal government makes us spend this money in the Supreme Court says that the federal government has the authority to make -- spend this money health.
Safety welfare morality and education.
Arizona has to spend that money on people awfully and Arizona.
And unlawfully in Arizona therefore you federal government.
Should enforce the border you should enforce the federal -- -- that illegals -- here and if you won't do it.
Will do it for they have a point that in a nutshell is Arizona's argument.
Well they have -- they have a political point I think it is true that the federal government is not enforcing the -- but not a legal point.
Well that's where the Supreme Court is going to get involved because in order for Arizona to enforce its own version of an immigration law.
It will be taking some jurisdiction away from stepping in the place of the federal government how -- we know that because the Supreme Court has consistently ruled.
That regulation of immigration is part of America's foreign policy.
And that's why the -- delegated this authority away to the federal government so that America could speak with one voice and immigration and foreign policy.
I really haven't -- here but let's say the Supreme Court rules in favor of the federal government and follows what you're saying has been the past precedent right -- Supreme Court.
Send a message in some way to the federal government even if they rule on the federal government's behalf.
-- -- tighten up immigration policy or issue a new mandate when it -- immigration based on Arizona's argument to.
Two points the Supreme Court is unlikely to tell the federal government what Kelly executive branch what laws to enforce and what -- not to enforce.
The second is the relationship between.
This executive branch and this Supreme Court.
One is unlikely to pay much attention to the so what's the ruling watch -- and watch the wording there you go -- -- a pot nicely put counts thinking very much.
Everyday but not that I can't say what you.