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Flap’s Links and Comments for April 11th on 12:16

These are my links for April 11th from 12:16 to 12:23:

  • The 9th Circuit strikes down Arizona’s immigration law – I examine the concurring opinion in some detail for two reasons. First, preemption doctrine requires a close reading of the statute and analysis of its purpose. Objections to a state statute cannot be brushed off because the federal government is “not doing its job.” That may be true, but this is a political and not a legal argument. Second, if immigration exclusionists think they are going to get a more satisfactory analysis from judges than the one rendered by Judge Noonan they are, I would suggest, kidding themselves. Noonan’s decision made Swiss cheese of the state’s law, an indication of how difficult it is to skirt the federal government’s dominance in the field of foreign policy and border control.

    A final observation: Conservatives are making a principled argument regarding Obamacare on the Constitution’s commerce clause in support of the federal system of government. That same structure that limits federal power also limits state power. They should be faithful to the words and intent of the Constitution in both situations.


    If Americans are serious about illegal immigration here are the remedies:

    1. Enforce existing immigration laws, including enhanced employer's raids.

    2. Pass and implement E-Verify for employment.

    3. Secure the southern border with Mexico.

    The states should forget about Arizona type laws and Americans should hold their poltician's feet to the fire on the above 3.

  • What Tim Pawlenty’s hiring of Nick Ayers means? – Chris Cillizza reports that presidential contender Tim Pawlenty has hired the former executive director of the Republican Governors Association as his campaign manager.

    Pawlenty has been courting Nick Ayers for months. I am told by those involved in the process that Ayers, who served alongside Mississippi Gov. Haley Barbour at the RGA, was waiting for Barbour, the candidate with whom he is closest, to make up his mind on whether to run. Now that Ayers has accepted a spot with Pawlenty, the chances of a Barbour presidential race have plunged. It may also be that Barbour’s extremely rocky start, overshadowed by his views on race, persuaded Ayers not to join him.


    Probably not much.

    Tim Pawlenty may be a nice guy and all but is not very exciting. I would say about as exciting as Romney but without the personal fortune.

    If the GOP is going to throw a "Bob Dole" type candidate out there it will be Romney and not Pawlenty.

    Pawlenty for VP would really bore the GOP base.