Thinking Logically

Overshadowed by the more recent ruling over the Affordable Care Act, the Supreme Court ruling concerning the Arizona immigration enforcement law hasn’t been in the news much lately.  The Arizona ruling struck down most of the provisions of the law, known as Arizona Senate Bill 1070, stating that federal law preempts state law and, in some cases, the state law served as an obstacle to federal law.

Recently, I discussed the ruling with a friend. We talked about the June CNN poll results that indicate 75% of American voters are in favor of the Arizona law. We discussed the recent announcement by the White House that the Department of Homeland Security would no longer initiate the deportation of illegal immigrants that meet specific criteria.   I pointed out that a Washington Post/ABC News poll, published earlier this month, shows that 52% of Americans do not approve of how the President is handling immigration issues.  My friend asked, “When the federal government fails to do its job, is it not the right of the state to fill the need?”

Is the federal government failing to do its job? In a July 2010, Fox News poll, 72% of respondents felt the federal government was not enforcing immigration laws.  Since Arizona passed its law in April 2010, Indiana, Georgia, South Carolina, and Alabama passed similar legislation.  Apparently, some states agree that the federal government is not doing its job with regard to addressing illegal immigration.

I know that illegal immigration is a touchy subject with some segments of our population.  As with most touchy subjects, I believe that people allow emotions to cloud the logic of the discussion.  So what if it wasn't such an emotional subject? 

Let’s talk though another state-federal issue to demonstrate the logic.  According to the Federal Highway Administration’s website (http://www.fhwa.dot.gov), the Interstate Highway System is owned and operated by the States.  As such, the States are responsible for setting speed limits and for traffic enforcement.  The website states that 90% of the funding for the Interstate Highway System comes from the federal government, as designated in the Federal-Aid Highway Act of 1956. So, the states have the responsibility of operating the highways, but the federal government pays for the highways.  Let’s play a what-if game.  What if the Supreme Court ruled that Interstate Highways are under the jurisdiction of federal government and the States have no right to set or enforce the traffic laws on federal roadways?

Then, if the federal government decided not to enforce traffic laws on those roadways, could you imagine the chaos on the roads?  According to the Federal Highway Administration’s 2010 Highway Statistics Report, there were over 3200 fatalities on the interstates that year.  Imagine of the number of fatalities if there were no enforcement at all?  And, it’s not just lives lost that would increase.

According to the US Justice Department’s 2011 National Drug Threat Assessment, the Interstate Highway System is the primary route for illicit drug transportation.  “For Drugs or Money”, a July 16, 2006 article published in the Athens (Ga.) Banner-Herald, examines the small town of Brazelton, Ga., which sits astride a five-mile stretch of Interstate 85.  The city police patrol the interstate for traffic infractions.  Quite often, a seemingly routine stop turns into a drug bust.  In three and a half years, Brazelton officers seized nearly 70 kilograms of cocaine, approximately 1500 pounds of marijuana, as well as $4.5 million in suspected drug money, according to the article.  Without traffic law enforcement on those roadways, how much would the drug trade increase?  What other dangerous cargo would pass along our interstate highways unchecked?

Perhaps the comparison between my hypothetical situation and immigration enforcement is stretch. I agree that immigration reform is needed.  What bothers me is the failure of one branch of our federal government to “take Care that the Laws be faithfully executed” (Article II, Section 3, US Constitution).  Our government is complex and the federal and state governments must work hand in hand on most issues.  When the laws assign responsibility, then the responsible party should ensure that they provide the means to enforce the laws.  If any group fails to do their part, we should call them on it.

Among the list of grievances against King George and the British government in the Declaration of Independence, “He has obstructed the Administration of Justice.”  If you want the federal government to enforce the laws, contact your Senators (www.senate.gov) and your Congressmen (www.house.gov).  And by all means, vote in November.  Make the “government of the people, by the people, for the people” work for all of us.