If you listen very closely, the fundamental argument Attorney General Eric Holder makes in explaining the federal government’s beef with Arizona is that the federal executive branch alone — and without the possibility of review — defines what constitutes immigration enforcement. Hello previous declarations of Bush executive supremacy on torture-not torture, spying-not spying, terror-not terror, suicide-not suicide, medicine-not medicine.
Simply by virtue of the fact that the Arizona law does something — it really does not matter what — the federal executive branch alone may determine if that something ought to be done. Clearly non-enforcement of the nation’s border and immigration law is the de facto policy of the federal government. Anything which contravenes that policy is therefore illegal.
Pop some popcorn, this should be very entertaining.
