A GQ that may degenerate into a debate so expect this to be moved to GD.
I was reading about what was happening with Arizona’s SB1070. I for one don’t know why AZ cannot ban illegal immigration because in my IANAL mind
[QUOTE=14th Amendment]
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
[/QUOTE]
Which echoes what was written in the original Constitution. Combine that with the 10th Amendment (apparently declared unconstitutional by the case *Lincoln v Davis *(1865) ), it seems that Arizona can ban illegal immigrants because:
- “Priviledges and Immunities” doesn’t apply to aliens, legal or illegal.
- In regards to illegal immigrants, the Feds would be hard-pressed to say, “You’re not here legally, but we can’t stop you from traveling around.” Doesn’t stop the hypocracy however.
- Mexico hates it. OK, that’s not a legal reason but ever since Vincente Fox, Mexico has a tradition any president hating the US banning illegal immigration. Besides “WTF?!”, should I mention how the Mexican Army stops illegal immigration from Guatemaula? The official Mexican stance just rubs me the wrong way.
OK. GD aside, what exactly are the “Priviledges and Immunities”?
What did it mean in the original Constitution? What about when it was rewritten into the 14th Amendment?
Has the interpretation by the courts remained consistant? Has it morphed like “interstate commerce” or “eminent domain”? Is it ignored like the 10th Amendment or is it whatever that Judge/Justice wants it to be like the 9th?