Challenging Federal Immigration Law: States and the 10th Amendment

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Category:

Immigration

Language:

English

Topic:

10th Amendment

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Pages: 3 Words: 584

The tenth amendment is also referred to as the rule of construction. This amendment does not add or subtract anything from the constitution but instead performs a vital function (Slonim). The 10th amendment helps in showing people how the constitution is interpreted. Many people have the desire to sandwich the constitution into their ideas concerning freedom. The constitution is, however, not a proclamation of independence.

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Immigration law is a federal law put in place by the government to determine the individuals who are allowed to enter a nation. It also provides regulations establishing the process of naturalization for the individuals seeking to become citizens of the United States. It also helps in determining the punishment of the individuals who have overstayed in a country. It also determines those who have entered the nation without permission. The immigration law is one of the federal regulations that is currently being challenged by the majority of states. The tenth amendment defines federalism and provides a clearer picture of the association existing between the States and Federal governments.

Numerous states seek the changing and nullification of the immigration law. One of the mechanisms used is the filing of lawsuits. The states include Washington, Michigan, Minnesota, Illinois, Virginia, Delaware, among others. The state of Arizona is one state that implemented an immigration law. It is because of the inability of the federal government to propose and implement a solution towards the issue. The Republican leader of Arizona seeks towards the implementation of immigration reform through congress. Arizona implements a policy stating that law enforcement officials should be allowed to place someone who undergoes questioning in situations at which an individual is considered an illegal immigrant. The state argues that it should be granted the capability of passing its laws regarding immigration under the tenth amendment.

Nullification is especially an essential aspect of the 10th amendment. It is due to its role in enabling the states to have the capability of determining situations during the federal government exceeds the delegated powers. Some states have sought to undergo the process of nullification. There are several ways through which it can be done. One such manner that can be used is a state passing a law intended to overrule federal law. Arizona State is one state that tried to override federal law through the creation of a policy that would allow the questioning of individuals considered to be illegal immigrants. The federal government is usually known to overstep the different power provided to it by the constitution and ultimately by the people. It has led to the development of resistance by the states. It is because the states usually a right to provide a null declaration of federal laws in situations they consider unconstitutional.

Civic engagement influences federal law on immigration. It is also referred to as civic participation that provides for an opportunity to participate politically. An instance of civic participation that plays a role in such a law is the signing of new petitions that will bring about the new legislation. There are four significant types of civic engagement, and they include the participation in the process of election, the individuals voting, volunteering in campaigns, and lastly, increasing the need for persuasion for the passing of the laws. A social movement refers to a mechanism involving group action. It is made up of individuals who are organized informally to increase the focus provided to political issues and challenges. They are responsible for expanding the establishment and resistance of social change....

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