In its recent decision not to allow Arizona’s stiff immigration laws (with one exception) Justice Scalia wrote a “scathing” dissent that chastises the President and the Federal government for repeated failure to deport illegal aliens — despite the fact that more “illegals” have been deported under this Administration than any previous Administration. But what truly boggles the mind in Scalia’s dissent is the fact that he seems to want to fight the Civil War all over again. Note these comments:
Arizona’s entire immigration law should be upheld, Scalia wrote, because it is “entitled” to make its own immigration policy. At one point, he cites the fact that before the Civil War, Southern states could exclude free blacks from their borders to support the idea that states should be able to set their own immigration policies.
Scalia dismisses with a wave of his hand the government’s position that immigration is a federal matter since we need to be on friendly relations with our neighbors to the North and South and individual states could stir up a hornet’s nest. But that is the heart of the government’s position and it is the reason the Court decided to throw its weight behind the government — for the most part. But Scalia insists that the states themselves should determine what the immigration laws are to be — a view that echoes the thinking of the most devout of the Southerners in the mid-nineteenth century (if not today).
Scalia’s entire dissenting opinion sounds like paranoia: fear of illegals and the “evil” (his word) they do by taking jobs from the citizens of Arizona. But the notion that an appeal should be made to the rights of the states prior to the Civil War pushes his reasoning beyond the bounds of intelligibility and makes one wonder about the soundness of his mind. This Court as a group leaves so much to be desired, but one always hopes that the members will exhibit some glimmer of good sense every now and again.
One might argue that in overthrowing the laws of Arizona the Court has in fact shown good sense. The problem is they have allowed the “papers please” law that allows Arizona police to detain suspected “illegals” with “reasonable cause.” What this means, of course, is that it gives the police almost unlimited power under the law and it will almost assuredly promote racial profiling — though the police have been cautioned not to fall into that trap. Come on! Get serious: give the average policeman the right to stop and search anyone who strikes him or her as “suspicious” — and detain them for an undisclosed amount of time — and you are inviting abuse of power.
The real fear here is fear itself (with apologies to F.D.R.). The country seems to be in a paranoid state fueled by constant rhetoric about the “war on terror” and the blatant jingoism that surrounds public celebrations such as “fly overs” and flag waiving at sporting events; this atmosphere now allows the country to exhibit its full force with impunity: the end justifies the means. If we ever could, we can no longer claim the moral high ground, as Martin Luther King would have it. We can now kill suspected terrorists abroad with drones; after ten years we still have nearly 200 untried prisoners detained at Guantanamo (including children, apparently); and we can now legally detain for an unspecified time suspected “illegals” at home. I hesitate to use the word but we seem to be inching closer and closer to Fascism, though most people don’t seem to much care.