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Guest judge Ken Starr is here he is known for being an appellate judge to the United States solicitor general and independent counsel investigating President Clinton.
And now he is the president of Baylor University he's here to go on the record about two legal controversies.
Involving illegal immigration -- can.
-- good evening Greta how are you.
-- -- have not been fully get to illegal immigration and SB 1070 and the whole issue about the -- -- -- -- I'm curious.
How -- your new job as president of Baylor.
I'll Baylor is a great place they've been very hospitable I've been on the job for two months I -- you need to come down here it's.
Beautiful central Texas and see -- it's a fabulous university and I'm very honored to be here.
-- -- student -- how many.
We have about 3200.
Freshman just starting.
Today was move in day day one tomorrow's move in day today too so.
It's -- so large university it's a private university it's done so well and the various rankings in fact we've just received our ranking him -- -- in terms of the seriousness of the and the rigor of the course work here but it's a great university with a proud tradition here in Texas so thank you for asking.
-- now let's go back to prior prairies we -- I -- car appeals judge for the DC circuit SB 1070.
I'm an injunction have been India had been handed against -- governor brewer that the -- United States one part of the part of their request.
Avant hasn't -- out and a Court of Appeals.
Well appeal has been filed it's been expedited because an injunction was centered and so we're going to see briefing over the next two months.
The argument has been set for the first week and November.
I think the prospects.
For Arizona are not hi this is a very tough case the judge -- an opinion about 36 pages she -- held.
A lot of the law about five or six provisions of the law she sustained.
But some of the most controversial provision she said now it falls because this is the power of congress and Arizona has intruded.
Into the powers of congress with respect to immigration.
What do you think about -- -- nice talks about the ninth circuit has been a very liberal court I was looking at the judge on the on the ninth circuit.
And trying to look at the list to my President Reagan three by President Carter won by president George H.
Bush twelve by President Clinton seven by president George W.
Bush is it unfair for us to sort of play the game will point at which to judge and so.
Try to predict or -- judges somehow we -- I could predict the outcome -- -- of that.
Well I think it's inevitable that people -- who the president was who appointed judge Bolton.
-- those -- will they be surveying on the panel -- chosen to hear the appeal that'll be three judges.
Sitting in San Francisco but here I think even though it's fair to talk about that it's it's appropriate to talk about that.
Here I think that the law as such that's going to be very hard case for Arizona and I'll tell you why.
Because the constitution.
Itself provides for.
Howard given the congress to establish a uniform rule of naturalization.
-- our immigration control.
-- parts of the Arizona law don't a fact immigration that direct way.
Employer sanctions those have been upheld.
In fact the Justice Department didn't even challenge a lot of the provisions of the law but certain provisions those in terms of checking immigration papers are checking.
Identity papers and so forth when an arrest is made her want to stop this made.
Those good touch up on.
The powers of congress to establish a uniform rule of naturalization.
It's not there's others have some very good arguments they do but it's going to be a very tough argument given I think judge Bolton so opinion which is a very strong opinion.
What about the other controversy the whether or not to if you're born here in the United States and we cannot and right now -- -- you're an American citizen if you're born here.
There are some who are seeking to release discussing trying to -- -- that part of rescind that part of the constitution.
What's the historical underpinning of that requirement and what does it take get.
If those and one of those people wanna get a change what do they have to do.
Well Greta I think it would take a constitutional amendment to change that.
You know that this is an ancient part of law.
That we've been made absolutely clear in the fourteenth amendment which was ratified after our civil war.
And the fourteenth amendment guarantees every person.
Certain rights to due process to the protection of life liberty and property to the equal protection.
Of the laws and that is such an important.
Set of protections for all of us.
As Americans but it also begins that is the fourteenth amendment this post civil war amendment.
Begins for the very specific definition.
That a person born in the United States and subject to the jurisdiction of the United States is a citizen of the United States.
That's pretty clear to me so I think it would take a constitutional amendment to change it.
But it's not as if the -- fires and architects of the fourteenth amendment just made it -- they're really restoring a very venerable tradition and English -- and frankly United States law.
Until the infamous decision of the Supreme Court and dread Scott that -- that African Americans those who were.
In a condition of servitude who were slaves were not citizens the United States that was profoundly wrong and it took a constitutional amendment overruled that decision.
The United States Supreme Court.
Lord here is something we're trying to gain that there's one there's one report in the -- the Washington Post recently of an organization.
Could very well -- two women that Chinese women in the United States to have their babies.
And then return to China and in and get bestow citizenship on their babies and all the benefits so the trending game and is there a way short of amending constitution does sort of and that does a tremendous number of -- -- -- -- offensive many Americans to be gained like that.
-- goes to show that we do need to have control over our borders -- -- that's what the Arizona.
Squabble is all about judge Bolton there in fact talked about in these are her words.
She talked about drug trafficking she talked about human trafficking.
All these are problems.
In the United States generally but especially in the border states Texas where I'm privileged to live now has these kinds of problems.
And that the folks of Arizona were very upset about us so it's understandable -- people would get upset if someone deliberately comes United States.
Just to have a child and then leaves to return to country but.
That's that that's the constitution we've got to control our borders better.
I can be -- state -- a chance go to federal court and seek a man -- SNC United States government says it is a federal.
Government dead -- provision they must control immigration -- the state going to get a man -- -- in the United States to do something.
No not really that's why we have elections in this country that's how we elect members of congress.
The the cry is there it cuts across.
I think party lines it's an American issue it's not a party issue.
Which is we need to have immigration reform in this country and we need as part of that to have control of our borders but -- It's really at this stage of a government -- problem it's not the kind of problem that the courts -- -- Judge so I thank you very much and congratulations on the new job at Baylor have -- come back soon.
Thanks -- that a great privilege to be with you -- -- -- here at Baylor.
I would out that -- sat next.
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