Michael in Arizona Discusses Lamar Smith's HR2164

Jean. Thanks for giving me the opportunity to further comment on the subject of the Smith E-verify legislation that he has proposed for passage at the Federal level.


The problem with his Bill as written is as follows:

1. It is not necessary, in the face of the recent Supreme Court decision upholding the Arizona 2007 E-very legislation. That decision essentially held that any and every State had the legal right to pass E-verify legislation in the form and in the manner that best responds to the needs of the State. In essence, the Court defended the 10th Amendment.

2. The Smith Bill will Federalize the E-verify process and effectively delegitimize what any State may do to control its own intra-State laws as they relate to labor, etc. In other words, the State will have to follow the mandates of the Federal law, otherwise, it will face DOJ scrutiny and potential lawsuits.

3. The fact that the U.S. chamber of commerce had significant input into the smith E-verify Legislation should send an alarm to every anti-illegal alien individual and organization and it should tell you just how much PAC money smith is receiving from the Chamber and from their buddies in business. The Chamber has never supported an Immigration related Bill that it didn't like. In this case, the Smith Bill would nullify any State E-verify laws that intruded upon the Federal law, and that is what the Chamber and its buddies are hoping will happen.

4. Those like Shafly, Tancredo and Kobach have their finger on the pulse of these actions and certainly are in a better position than I to comment on any potential outcomes that would be the product of the Smith Legislation. My comments do mirror a lot of their concerns, but my major argument is that the Smith Legislation will undermine that which the Supreme Court has ruled is the prerogative of the States under the 10th Amendment and We the People under the 9th Amendment.

The adage that if it isn't broken - don't fix it.....definitely applies here. IMO, Smith is pursuing this legislation at the behest of the U.S. Chamber of Commerce for the sole purpose of removing our legal rights under the 9th and the 10th Amendments. His Bill will do nothing more than to nullify these rights and place them solely at the Federal level, where, as in many instances, the Federal jurisdiction has worked against the American people and in support of Big business and Big Labor. The atmosphere at the Federal level, as we all know, is.....even if the law exists, they choose to ignore it. And, if there is no law, then we can make a policy decision to forge one out of nothing.

Thus, our problems, begin, prosper and end at the hands of a government hell bent on undermining the Constitution, our Bill of Rights and our Rule of Law. JUST HOW MANY TIMES DO WE HAVE TO RE-LEARN THAT LESSON?

(...)Does the adage....fool me once, shame on you....fool me twice, shame on me - ring a bell? Numbers does not have a crystal ball and cannot see the future anymore than anyone else. It has been wrong plenty of times and it is wrong here. The Smith Bill is not necessary. THE SUPREME COURT JUST SAID SO RELATIVE TO THE ARIZONA 2007 E-VERIFY LEGISLATION AND IT REAFFIRMED OUR RIGHTS AND THE STATE'S RIGHTS TO ENACT SUCH LEGISLATION ON A STATE-BY-STATE BASIS.


THE SMITH BILL WILL UNDO THAT DECISION IN FAVOR OF THE U.S. CHAMBER OF COMMERCE AND IN FAVOR OF THE PRO-ILLEGAL ALIEN ORGANIZATIONS WHO ALSO SUPPORT THE SMITH E-VERIFY BILL - COVERTLY.

Glad to hear from you.

Michael