First, it is important to note that President Obama has asked the US Department of Justice to review the law Arizona passed to determine if it violates constitutional law. I believe they will find that it DOES. The reason is simple, it uses institutional racism to racially discriminate. I found a great website that defines these terms:
Race
All human beings belong to a single species and share a common origin. They are born equal in dignity and rights and all form an integral part of humanity. All peoples of the world possess equal faculties for attaining the highest level in intellectual, technical, social, economic, cultural and political development. The differences between the achievements of the different people are entirely attributable to geographical, historical, political, economic, social and cultural factors. Such differences can in no case serve as a pretext for any rank ordered classification of nations or peoples.
Source: "Declaration on Race and Racial Prejudice" adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation, Article I
Racism
Is any action or attitude, conscious or unconscious, that subordinates an individual or group based on skin colour or race. It can be enacted individually or institutionally.
Source: US Civil Rights Commission
Institutional Racism
A system of procedures/patterns in all walks of life, i.e. education, housing, businesses, employment, professional associations, religion, media, etc., whose effect is to perpetuate and maintain the power, influence and well-being of one group over another. It originates in the operation of established and respected forces in the society; and thus receives far less public condemnation than does individual racism. Although more subtle than individual racism, it is more destructive of humanity.
Sources: Various Publications
Racial Discrimination
To treat differently a person or group of people based on their racial origins. Power is a necessary precondition, for it depends on the ability to give or withhold social benefits, facilities, services, opportunities etc., from someone who should be entitled to them, and are denied on the basis of race, colour or national origin.
Sources- The Ideology of Racism
Looking at these definitions, this is clearly a case of discrimination based solely on race and national origin. The bill states that law enforcement is required to stop anyone suspected of being illegal, but when asked what those criteria are, no one can answer that.. or they won't answer that! In fact, Arizona state officials have recently requested assistance from the federal government in identifying what an illegal immigrant looks like.
This bill also infringes on Arizonans civil rights. The bill states that, "A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States." This opens anyone, not just Hispanics, to unlawful detainment. And those who cry foul have no recourse, since law enforcement who enforce this law "...be indemnified by his or her law enforcement agency for all reasonable expenses, including attorney's fees." In other words, the average American citizen will be taking on the entire police force and the state of Arizona in any legal claim, and all of their accompanying resources, moneys, and legal representation.
In addition, this bill also violates the Supremecy Clause of the constitution which "... gives the federal government exclusive power to regulate our borders, and with very few exceptions, states are not free to create their own laws regulating immigration," the Arizona ACLU stated.
Another problem with this law is with the writers, themselves. The main writer is Sen. Russell Pierce who has been photographed with a known neo-Nazi, hugging. Another writer is Chris Kobach, who is a member of a group who has made white supremicist remarks, funded racist research concerning race and intelligence in an effort to prove white superiority. One may argue that these individuals are only guilty by association; however, this bill proves that they are guilty as charged - racists white supremicists.
Please folllow my links below and feel free to comment.
Knowledge is power, and power used appropriately can lead to humanity and compassion of all human beings!
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