Editorial: Arizona Law and Washington

After my earlier comments about Mexico's President Calderone's remarks in Washington last week, the situation grew worse.  I indicated my disdain for a foreign guest in our country to criticize one of our 50 states and then worse, to receive support for his remarks from the President of the United States.  Similar remarks were made by President Calderone the following day in front of the Congress to standing applause from the Democrat side of the Chamber.  

Were these our representatives?  Who would ever want them on our team?   But if this is not shameful enough, over the weekend I understand an Assistant Secretary of Homeland Security told the Chicago Tribune that ICE may not process those persons apprehended by Arizona law enforcement.  http://election-2008.tmcnet.com/news/2010/05/19/4798614.htm  It is hard to ignore that the daily activities of law enforcement personnel place those officers in dangerous situations.   Sometimes they may be in mortal danger, particularly if the person the officer stops could be facing jail or deportation.  For anyone in the federal government to make the statement that was made by John Morton who heads the US Immigration and Customs Enforcement arm of DHS is more than reprehensible.  It also begs the following question:  Do those persons who serve us in our federal government understand their constitutional responsibilities? 

  1. The Executive Department is responsible for enforcement of laws, administration and foreign policy. 
  2. The Legislative Branch is responsible for setting policies and enacting laws.
  3. The Judicial Branch is responsible for adjudication of the laws.  

I reference these responsibilities of our three branches of government because from time to time we see the courts engaged in setting policy when they should simply be verifying whether the law is proper and is being properly applied.   In this instance, Mr. Morton, a member of the Executive Branch has established himself as a policy wonk.   His responsibility as DHS Assistant Secretary in charge of ICE is not to set policy and determine which laws will be enforced and which will not.  His duty under the Constitution is to enforce federal law and that federal law includes the obligation to process those persons that local law enforcement apprehends.  If Mr. Morton is uncomfortable with applying a law that he disagrees with then he should give serious consideration to resigning his position at Homeland Security.  Perhaps he can then run for political office, for a position that does impact policy.

This isn't hard.   Just as we react adversely to a Justice setting aside our Constitution to enact what the Justice believes to be "fair", the Executive Branch has no right to select the laws they will enforce.  To the contrary, it has an obligation to enforce all federal laws, including those they may not personally like. 

I wonder if Mr. Morton has read the Arizona law?  

 

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