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View Full Version : 9th circuit overturns AZ's citizenship requirement to vote



SoonerNate
10/27/2010, 12:08 PM
http://michellemalkin.com/2010/10/26/9th-circuit-overturns-az-proof-of-citizenship-voting-rule/


The Ninth Circuit Court of Appeals has overturned Arizona’s requirement that people show proof of citizenship to register to vote.



Gotta love the left. They try to disenfranchise our military votes all while trying to allow non citizens the right.

StoopTroup
10/27/2010, 12:13 PM
At least nobody will be labeled an elitist.

Frozen Sooner
10/27/2010, 12:15 PM
http://michellemalkin.com/2010/10/26/9th-circuit-overturns-az-proof-of-citizenship-voting-rule/



Gotta love the left. They try to disenfranchise our military votes all while trying to allow non citizens the right.

Sandra Day O'Connor is part of the "left" in your mind?

Harry Beanbag
10/27/2010, 12:16 PM
That's it. We're seceding.

Pricetag
10/27/2010, 12:21 PM
WTF? Don't they know that Mary Fallin stands behind Arizona's tough immigration laws?

OklahomaTuba
10/27/2010, 12:22 PM
Beautiful. Right before election time to boot.

That right there might just seal the deal with the Senate.

Thanks 9th Circuit!

StoopTroup
10/27/2010, 12:24 PM
That's it. We're seceding.

Will that be viewed as racist?

SouthCarolinaSooner
10/27/2010, 12:28 PM
That's it. We're seceding.
Trust me.....that doesn't turn out well :O

SoonerNate
10/27/2010, 02:05 PM
Beautiful. Right before election time to boot.

That right there might just seal the deal with the Senate.

Thanks 9th Circuit!

Yep. I love it.

87sooner
10/27/2010, 02:28 PM
the 9th circuit is obviously a bunch of loons...
here's an article that mentions another 9th circuit decision that makes one wonder what the hell they're thinking

http://www.latimes.com/news/nationworld/nation/sc-dc-1028-court-execution-20101027,0,6859358.story

Leroy Lizard
10/27/2010, 03:23 PM
Where's the common sense in our judicial decisions? I mean, if you are required to be a citizen to vote, shouldn't somebody be entrusted to ensure that voters are actually citizens?

sooner59
10/27/2010, 03:30 PM
Leroy, dammit, that makes too much sense.

Frozen Sooner
10/27/2010, 03:31 PM
Where's the common sense in our judicial decisions? I mean, if you are required to be a citizen to vote, shouldn't somebody be entrusted to ensure that voters are actually citizens?

Have you considered reading the opinion to try to figure out what they were getting at? It's not published yet, but that might be a good place to start.

okie52
10/27/2010, 03:31 PM
The ruling did allow for IDs which is an issue that will be coming up on the OK ballots.

Sooner_Havok
10/27/2010, 03:32 PM
Where's the common sense in our judicial decisions? I mean, if you are required to be a citizen to vote, shouldn't somebody be entrusted to ensure that voters are actually citizens?

I think, and I am not sure here, but the court probably felt that it placed to much of a burden on the poor. The standard of review would have been intermediate scrutiny, which means the state would have a tough road to keep the law.

Haven't read the opinion, but that is my guess.

Frozen Sooner
10/27/2010, 03:35 PM
I think, and I am not sure here, but the court probably felt that it placed to much of a burden on the poor. The standard of review would have been intermediate scrutiny, which means the state would have a tough road to keep the law.

Haven't read the opinion, but that is my guess.

How are you getting to intermediate scrutiny? Economic discrimination in the right to vote is strict scrutiny, not intermediate. Harper v. Virginia Board of Elections

Theskipster
10/27/2010, 03:36 PM
I think, and I am not sure here, but the court probably felt that it placed to much of a burden on the poor. The standard of review would have been intermediate scrutiny, which means the state would have a tough road to keep the law.

Haven't read the opinion, but that is my guess.

It seems the this particular court believes that the Federal Law trumps Arizona's state law.

Edit:Appeals Judge Ikuta said the federal voter registration law laid out specific requirements for the mail-in registration form that the state can't make more onerous.

Frozen Sooner
10/27/2010, 03:37 PM
It seems the this particular court believes that the Federal Law trumps Arizona's state law.


This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

It does.

Frozen Sooner
10/27/2010, 03:40 PM
By the way, the headline is deliberately misleading. I'm sure you know that, but they did not do away with the requirement of citizenship to vote. They did away with Arizona's particular methods of ensuring only citizens to vote as overly onerus.

SoonerNate
10/27/2010, 03:43 PM
By the way, the headline is deliberately misleading. I'm sure you know that, but they did not do away with the requirement of citizenship to vote. They did away with Arizona's particular methods of ensuring only citizens to vote as overly onerus.

You need an ID to get a library card, to drive, hell to get certain over the counter medicines but our most sacred right (voting) they don't feel an ID is necessary?

Sooner_Havok
10/27/2010, 03:44 PM
How are you getting to intermediate scrutiny? Economic discrimination in the right to vote is strict scrutiny, not intermediate. Harper v. Virginia Board of Elections

I wasn't really thinking of it in the voting context, just the economic class context. Yeah, you're right.

Frozen Sooner
10/27/2010, 03:44 PM
You need an ID to get a library card, to drive, hell to get certain over the counter medicines but our most sacred right (voting) they don't feel an ID is necessary?

Why do you lie in your thread titles? And why are you lying here? The 9th Circuit specifically upheld Arizona's ID requirement.

One might think you're pushing an agenda.

Leroy Lizard
10/27/2010, 03:47 PM
So if Arizona isn't allowed to check IDs, who will do it?

If it's a law, it needs to be enforced. Is it?

Theskipster
10/27/2010, 03:47 PM
You need an ID to get a library card, to drive, hell to get certain over the counter medicines but our most sacred right (voting) they don't feel an ID is necessary?

Since voting is the most sacred right, why should a legal valid citizen be disenfranchised just because he doesn't have the money to prove his citizenship?

SoonerNate
10/27/2010, 03:48 PM
Since voting is the most sacred right, why should a legal valid member of the military serving overseas be disenfranchised?

I agree, why have so many still not received their absentee ballots?

Frozen Sooner
10/27/2010, 03:48 PM
So if Arizona isn't allowed to check IDs, who will do it?


Where are you getting this from?

Leroy Lizard
10/27/2010, 03:51 PM
Where are you getting this from?

Get what? I just asked a question.

Frozen Sooner
10/27/2010, 03:54 PM
Get what? I just asked a question.

A question that presupposes a postulate that isn't true. Where are you getting the postulate that Arizona isn't allowed to check IDs?

Theskipster
10/27/2010, 03:54 PM
I agree, why have so many still not received their absentee ballots?

What does this have to do with the topic at hand?

Leroy Lizard
10/27/2010, 03:56 PM
A question that presupposes a postulate that isn't true. Where are you getting the postulate that Arizona isn't allowed to check IDs?

Okay, so they are. Then let's not worry about this latest decision.

SoonerNate
10/27/2010, 03:56 PM
What does this have to do with the topic at hand?

It just seems to me that many in this nation have their priorities messed up.

Sooner_Havok
10/27/2010, 03:57 PM
I did over hear a friend of mine say that she needed to get a package in the mail by Nov. 1 to ensure it got there before Dec. 25. Something about space A flights, and bullets, food, and armor having higher priority on space A flights than letters and packages...

Sooner_Havok
10/27/2010, 03:58 PM
It just seems to me that many in this nation have their priorities messed up.

If a state passed a law that made you, a 100% legal citizen, jump through some flaming hoops just to exercise a basic, fundamental right, the court would be your friend.

Frozen Sooner
10/27/2010, 04:00 PM
The court didn’t disturb a requirement that voters show identification at the polls.

Reading a few things, here's what I'm getting about the 9th Circuit opinion. By the way, Sandra Day O'Connor is one of the strongest Federalists to ever sit the bench, so if you're a student of the judiciary this really kind of blows your mind.

1. The 14th Amendment gives Congress the power to remediate violations of civil rights by states through proportional and congruent legislation.
2. The Voter Registration Act was passed pursuant to § 5 of the 14th Amendment's authorization to pass remedial legislation.
3. Since Congress has legislated in this area and mandated a method by which citizenship is verified (and I agree, the method is a little weak) then the states don't get to require something more or less onerous. They are preempted by the federal legislation.

That Sandra Day O'Connor joined this opinion (if that is in fact their reasoning) goes against her normal trend of upholding state sovereignty sometimes against all reason.

Frozen Sooner
10/27/2010, 04:02 PM
Okay, so they are. Then let's not worry about this latest decision.

I'm not.

Sooner_Havok
10/27/2010, 04:03 PM
Nice

Scott D
10/27/2010, 04:04 PM
Damn you Frozen. I was just getting my false outrage and indignation ready to kick into gear.

SouthCarolinaSooner
10/27/2010, 04:08 PM
Where's the common sense in our judicial decisions? I mean, if you are required to be a citizen to vote, shouldn't somebody be entrusted to ensure that voters are actually citizens?
Common sense =! law

Leroy Lizard
10/27/2010, 04:11 PM
I'm not.

Arizona officials are either allowed to check IDs for citizenship or they are not.

Sooner_Havok
10/27/2010, 04:11 PM
Arizona officials are either allowed to check IDs for citizenship or they are not.

they are allowed to check ids

Scott D
10/27/2010, 04:12 PM
checking ID's seems to be pretty standard based upon federal regulations? anything a state piles onto the top of that seems onereos or whatever Froze kept typing, seems simple to me.

Serge Ibaka
10/27/2010, 04:13 PM
I wasn't ID'ed when I last voted. I just told them my name and they checked it through the registration book.

No big deal though: I'm big and blond and pale.

Leroy Lizard
10/27/2010, 04:14 PM
checking ID's seems to be pretty standard based upon federal regulations?

Are they checking for citizenship?

Frozen Sooner
10/27/2010, 04:15 PM
Arizona officials are either allowed to check IDs for citizenship or they are not.

What aren't you understanding here?

You are allowed to check IDs.

You are not allowed to require more proof of citizenship than the Voter Registration Act requires.

These are two different things.

Sooner_Havok
10/27/2010, 04:15 PM
I wasn't ID'ed when I last voted. I just told them my name and they checked it through the registration book.

No big deal though: I'm big and blond and pale.

I must be watching the wrong thunder games

Sooner_Havok
10/27/2010, 04:15 PM
IDs= good
Citizenship papers=bad

Scott D
10/27/2010, 04:19 PM
Are they checking for citizenship?

define checking for citizenship? Are they matching your id to the voter registration information in front of them? since you're required to have citizenship to be a registered voter? sounds to me like they are in the regard that the law requires.

SoonerNate
10/27/2010, 04:25 PM
They are making you sign under penalty of perjury which Bill Clinton proved is not that punishable of an offense.

Scott D
10/27/2010, 04:29 PM
oh my god really? I have to sign by my name on the log AFTER I show my DL to the granny at the table. Who knew all this time that my rights were being violated.

Leroy Lizard
10/27/2010, 04:29 PM
They are making you sign under penalty of perjury which Bill Clinton proved is not that punishable of an offense.

Actually he showed it wasn't even wrong to do so. I don't know how many times I heard "Yeah, but he lied because it was personally embarrassing to admit the truth."

Those who take the oath and tell the truth are schmucks, I suppose.

SoonerNate
10/27/2010, 04:31 PM
Actually he showed it wasn't even wrong to do so. I don't know how many times I heard "Yeah, but he lied because it was personally embarrassing to admit the truth."

Those who take the oath and tell the truth are schmucks, I suppose.

"It depends on what the meaning of the word is,...is" LOL

That's their boy.

Leroy Lizard
10/27/2010, 04:41 PM
The whole thing left out of this latest decision by the 9th Circuit is all the trouble I went to gather up my citizenship papers.

Pricetag
10/27/2010, 06:12 PM
The only solution is a DNA registry.

StoopTroup
10/27/2010, 06:23 PM
The only solution is a DNA registry.

We've got finger prints on DLs...why DNA?

You put your DL in a reader and scan your thumb...bingo...you vote.

Pricetag
10/27/2010, 06:39 PM
I was attempting to be ridiculous, but I think the bar has been set too high in this thread.

Sooner_Havok
10/27/2010, 07:02 PM
Actually he showed it wasn't even wrong to do so. I don't know how many times I heard "Yeah, but he lied because it was personally embarrassing to admit the truth."

Those who take the oath and tell the truth are schmucks, I suppose.

Put Fallin under oath, I got a question I need to ask her.

StoopTroup
10/27/2010, 07:05 PM
I was attempting to be ridiculous, but I think the bar has been set too high in this thread.

I've over-posted for the day...lol

AlbqSooner
10/27/2010, 07:40 PM
Actually he showed it wasn't even wrong to do so. I don't know how many times I heard "Yeah, but he lied because it was personally embarrassing to admit the truth."

Those who take the oath and tell the truth are schmucks, I suppose.

In my experience as a trial lawyer for 20 years, there are more lies told in court, on the witness stand, under oath, than are told at the golf course, the barber shop and the local happy hour tavern combined.

Leroy Lizard
10/27/2010, 08:23 PM
In my experience as a trial lawyer for 20 years, there are more lies told in court, on the witness stand, under oath, than are told at the golf course, the barber shop and the local happy hour tavern combined.

Yeah, and?

Cornfed
10/27/2010, 09:27 PM
So do you have to prove citizenship to get an ID?

SoonerNate
10/27/2010, 10:36 PM
Just ask yourself this question. If somehow a non citizen votes in this country illegally to which party do you think they'd vote?

Crucifax Autumn
10/27/2010, 10:50 PM
Who cares? I thought you were bitching on sheer principle, not a perceived political disadvantage.

That's what's wrong with this country. No one in government cares what's right, just how it benefits or hurts their goals.

StoopTroup
10/27/2010, 10:51 PM
Just ask yourself this question. If somehow a non citizen votes in this country illegally to which party do you think they'd vote?

Depends on whether they can read english?

Scott D
10/28/2010, 01:23 AM
Who cares? I thought you were bitching on sheer principle, not a perceived political disadvantage.

That's what's wrong with this country. No one in government cares what's right, just how it benefits or hurts their goals.

I'm all for just violating Nate and Leroy's rights. That's it. Well, that and getting RLimC deported back to loonyland for being an illegal alien. ;)

Leroy Lizard
10/28/2010, 01:30 AM
I'm all for just violating Nate and Leroy's rights. That's it. Well, that and getting RLimC deported back to loonyland for being an illegal alien. ;)

Violating me? Hey now! (Oh, my rights. Never mind.)

Scott D
10/28/2010, 01:34 AM
no violating you would be through the programming of your Leroy replicant slaves.

Leroy Lizard
10/28/2010, 01:49 AM
no violating you would be through the programming of your Leroy replicant slaves.

Sounds kinky.

Crucifax Autumn
10/28/2010, 03:40 AM
At least if you had replicant slaves you'd have something to do when people around here tell you to go **** yourself.

GKeeper316
10/28/2010, 04:29 AM
see what i'm sayin????

we need to lift the ban on human cloning so we can all have replicant slaves!!!!!!!

i'd get me a elle macpherson circa 1990

seriously whats the hold up?

SanJoaquinSooner
10/28/2010, 07:52 AM
So do you have to prove citizenship to get an ID?

of course not. resident aliens (aka green card holders) can get drivers licenses

SoonerNate
10/28/2010, 12:05 PM
of course not. resident aliens (aka green card holders) can get drivers licenses

The Dems have to cheat to win. Ask yourself why they want amnesty for folks that broke the law. It doesn't take a rocket surgeon.

Scott D
10/28/2010, 12:21 PM
The Dems have to cheat to win. Ask yourself why they want amnesty for folks that broke the law. It doesn't take a rocket surgeon.

you mean like pardoning Kenneth Lay? Or being neck deep in the Savings & Loan pyramid scheme?

Leroy Lizard
10/28/2010, 12:28 PM
you mean like pardoning Kenneth Lay? Or being neck deep in the Savings & Loan pyramid scheme?

How does that affect voting? (Not saying it doesn't, just not seeing the connection.)

BTW, wasn't Lay pardoned by a district judge?

SoonerNate
10/28/2010, 12:30 PM
It doesn't. It's just another "hey look over here" argument.

StoopTroup
10/28/2010, 12:30 PM
The Dems have to cheat to win. Ask yourself why they want amnesty for folks that broke the law. It doesn't take a rocket surgeon.

I have and I always come out thinking there are things to consider.

This problem has been created over decades now. Now we expect to fix it with and forget about being decent human beings?

If folks have broken immigration law and maybe even tax law...those aren't violent crimes. Things that affect me are that when someone illegal hits me and my kids in an auto accident they seem to be able to walk away from it leaving me with no recourse as they carry no insurance. Deport them and sell what's left of their automobile to re-imburse me for damages. Deport them if they are illegal and not learning to understand our laws and pay damages.

Those that worked under Americans as cheap labor did so because they could fly under the radar but later they tried to push the Boss out of the picture and put folks like him out of business. Not much different than seeing a Corporation outsource jobs to India. The end result is hard Working Tax paying Americans are left without jobs.

The above two things are just two of the issues that IMO have started this ground swell of hatred to Illegal Immigrants and people who live here Illegally for decades and now folks are feeling sorry for them as they should have done something about their situation years ago.

Finding a way to be fair and to protect our way of life in America now has become not only a Political Bomb Shell it's making all of us even more angry and upset the longer it continues. This administration did try to push through a fix and it got put down. It's become a Politicians Baby now and as an American I fear it will continue to incite hatred among people who live in this Country. I'm not sure exactly what the fairest way to handle it is and I'm not even going to side with the Pub or Dems on this anymore. It needs to be set in a direction that will start to do something about the problem. If initially it's stopping the flow of Illegals into the Country...fine. Don't stop there. After that...pick a solution as to what the Federal Govt is going to do about the folks who are here and either pick them up...which will look really bad IMO or make a decision to embrace the folks who live here with compassion but also a stern warning that they will be subject to the Laws of this Country and live equally among us.

Every day this continues...it becomes a political time bomb IMO. We should be able to get along with people in our hemisphere a whole lot better than we are right now.

SoonerNate
10/28/2010, 12:35 PM
I don't hate the illegals nor do I blame them. I do however blame the politicians that attempt to turn a blind eye to their crimes in an effort to gain votes.

The Mexican government issues HARSH punishments on Guatemalans that enter Mexico illegally and then have the cojones to stand in OUR CAPITAL and preach to us that we must allow Mexicans to enter here illegally.

I am tired of this nation having to play by different standards. Why are we the only nation on the Earth not allowed to have sovereignty?

StoopTroup
10/28/2010, 12:40 PM
I am tired of this nation having to play by different standards.

That's one of those things that is making things worse IMO. It really needs to be addressed soon IMO.

Scott D
10/28/2010, 12:44 PM
How does that affect voting? (Not saying it doesn't, just not seeing the connection.)

BTW, wasn't Lay pardoned by a district judge?

What's the point in saying "oh look, those guys cheat?"

for christ's sake, they ALL cheat. That's what politics has become these days no matter what bloody letter is attached to their alleged loyalties. Congressional members of both parties were guilty as hell in the Savings & Loan scandals, but yet some of them had no problem getting re-elected when they should have been convicted of felonies.

And hiding behind amnesty being a democrat way of trying to steal votes when the GoP is pandering for the hispanic vote is laughable at best.

SoonerNate
10/28/2010, 12:46 PM
What's the point in saying "oh look, those guys cheat?"

for christ's sake, they ALL cheat. That's what politics has become these days no matter what bloody letter is attached to their alleged loyalties. Congressional members of both parties were guilty as hell in the Savings & Loan scandals, but yet some of them had no problem getting re-elected when they should have been convicted of felonies.

And hiding behind amnesty being a democrat way of trying to steal votes when the GoP is pandering for the hispanic vote is laughable at best.

But didn't Pelosi say this would supposedly be the most ethical of Congresses? And didn't Obama promise change? They ran on a theme that they'd be different. Are you willing to admit that those that voted Dem were gullible and / or ignorant?

Scott D
10/28/2010, 12:47 PM
Pelosi needs to be in prison as do the rest of them.

TheHumanAlphabet
10/28/2010, 12:49 PM
Isn't it the 9th that said the Pledge was unconstiutional or some such???

SoonerNate
10/28/2010, 12:51 PM
Yes. It's the 9th Circus Court of Appeals. I seem to remember them tampering with the recall of Gray Davis in California back in the day as well. It's a group of clowns.

TheHumanAlphabet
10/28/2010, 12:51 PM
Who cares? I thought you were bitching on sheer principle, not a perceived political disadvantage.

That's what's wrong with this country. No one in government cares what's right, just how it benefits or hurts their goals.

^^^ This. where is staesmanship and caring for the people. It is all about power and keeping it, both parties. We need to force congress into part-time legislatures, not careerist.

Scott D
10/28/2010, 12:55 PM
^^^ This. where is staesmanship and caring for the people. It is all about power and keeping it, both parties. We need to force congress into part-time legislatures, not careerist.

sadly, the job now is a part-time career.

wish I got paid 6 figures for my part time job.

SoonerNate
10/28/2010, 12:56 PM
^^^ This. where is staesmanship and caring for the people. It is all about power and keeping it, both parties. We need to force congress into part-time legislatures, not careerist.

Amen!!!!

And they don't give two s**ts about the people. It's all about lobbyists, kickbacks, and $. "Help us out and so what if you don't get re-elected?, we'll give you a job at our lobbying firm once you lose."

This is why I'm hoping the Tea Party folks can at least put some stop to this.

StoopTroup
10/28/2010, 01:08 PM
Are you willing to admit that those that voted Dem were gullible and / or ignorant?

Any sane person knows that McCain lost because of the previous Administration. Much in the way Bob Dole had it...an old guy running against a young guy with a new face and a different message. He got hammered by Clinton and I'll tell ya...it wasn't because I voted for Clinton...I never did in either election.

LosAngelesSooner
10/28/2010, 01:11 PM
Amen!!!!

And they don't give two s**ts about the people. It's all about lobbyists, kickbacks, and $. "Help us out and so what if you don't get re-elected?, we'll give you a job at our lobbying firm once you lose."

This is why I'm hoping the Tea Party folks can at least put some stop to this.
Holy Crap...the Tuba/RLiMC monster split and multiplied...

It's like a tumor...

Frozen Sooner
10/28/2010, 01:12 PM
Isn't it the 9th that said the Pledge was unconstiutional or some such???

You do realize that Circuit Court panels are made up of different judges and Circuits very rarely sit en banc, right? Different panels involved in both cases.

Also, the Court did not overturn the 9th Circuit on the merits in Newdow v. Elk Grove. They denied that the plaintiff-in-fact lacked standing to bring the suit.

TheHumanAlphabet
10/28/2010, 01:55 PM
You do realize that Circuit Court panels are made up of different judges and Circuits very rarely sit en banc, right? Different panels involved in both cases.

I am aware in the makeup of the court from greater than a layman understanding, but not as great as a law practicing person. I was just trying to point out that the 9th (either in a small sitting or en banc) does seem to come up with some "out there" decisions.

SoonerNate
10/28/2010, 02:03 PM
You do realize that Circuit Court panels are made up of different judges and Circuits very rarely sit en banc, right? Different panels involved in both cases.

Also, the Court did not overturn the 9th Circuit on the merits in Newdow v. Elk Grove. They denied that the plaintiff-in-fact lacked standing to bring the suit.

Typing in Latin speaks loudly, I'M A LAWYER!

I know this from my required law courses. If only the CPA exam were half as easy as the bar...

Frozen Sooner
10/28/2010, 02:12 PM
Typing in Latin speaks loudly, I'M A LAWYER!

I know this from my required law courses. If only the CPA exam were half as easy as the bar...

Have anything substantive to add to the discussion or do you want to just keep changing the subject every time you get run-ruled?

Frozen Sooner
10/28/2010, 02:23 PM
I am aware in the makeup of the court from greater than a layman understanding, but not as great as a law practicing person. I was just trying to point out that the 9th (either in a small sitting or en banc) does seem to come up with some "out there" decisions.

Sandra Day O'Connor was in the 2-1 majority on this one. She's hardly "out there."

LosAngelesSooner
10/28/2010, 02:30 PM
He's got nuttin', Froze. He's following the playbook, nothing more.

Tulsa_Fireman
10/28/2010, 03:20 PM
http://www.chaobell.net/newgallery/d/2110-1/14xl63c.jpg

DIMZ R BAD HAR HAR HAR

LosAngelesSooner
10/28/2010, 03:48 PM
Meanwhile...

http://www.npr.org/templates/story/story.php?storyId=130833741



Last year, two men showed up in Benson, Ariz., a small desert town 60 miles from the Mexico border, offering a deal.


Glenn Nichols, the Benson city manager, remembers the pitch.


"The gentleman that's the main thrust of this thing has a huge turquoise ring on his finger," Nichols said. "He's a great big huge guy and I equated him to a car salesman."


What he was selling was a prison for women and children who were illegal immigrants.

"They talk [about] how positive this was going to be for the community," Nichols said, "the amount of money that we would realize from each prisoner on a daily rate."


But Nichols wasn't buying. He asked them how would they possibly keep a prison full for years — decades even — with illegal immigrants?


"They talked like they didn't have any doubt they could fill it," Nichols said.
That's because prison companies like this one had a plan — a new business model to lock up illegal immigrants. And the plan became Arizona's immigration law.


Behind-The-Scenes Effort To Draft, Pass The Law

The law is being challenged in the courts. But if it's upheld, it requires police to lock up anyone they stop who cannot show proof they entered the country legally.


When it was passed in April, it ignited a fire storm. Protesters chanted about racial profiling. Businesses threatened to boycott the state.
Supporters were equally passionate, calling it a bold positive step to curb illegal immigration.


But while the debate raged, few people were aware of how the law came about.


NPR spent the past several months analyzing hundreds of pages of campaign finance reports, lobbying documents and corporate records. What they show is a quiet, behind-the-scenes effort to help draft and pass Arizona Senate Bill 1070 by an industry that stands to benefit from it: the private prison industry.


The law could send hundreds of thousands of illegal immigrants to prison in a way never done before. And it could mean hundreds of millions of dollars in profits to private prison companies responsible for housing them.


Arizona state Sen. Russell Pearce says the bill was his idea. He says it's not about prisons. It's about what's best for the country.


"Enough is enough," Pearce said in his office, sitting under a banner reading "Let Freedom Reign." "People need to focus on the cost of not enforcing our laws and securing our border. It is the Trojan horse destroying our country and a republic cannot survive as a lawless nation."


But instead of taking his idea to the Arizona statehouse floor, Pearce first took it to a hotel conference room.


It was last December at the Grand Hyatt in Washington, D.C. Inside, there was a meeting of a secretive group called the American Legislative Exchange Council. Insiders call it ALEC.


It's a membership organization of state legislators and powerful corporations and associations, such as the tobacco company Reynolds American Inc., ExxonMobil and the National Rifle Association. Another member is the billion-dollar Corrections Corporation of America — the largest private prison company in the country.


It was there that Pearce's idea took shape.


"I did a presentation," Pearce said. "I went through the facts. I went through the impacts and they said, 'Yeah.'"


Drafting The Bill

The 50 or so people in the room included officials of the Corrections Corporation of America, according to two sources who were there.
Pearce and the Corrections Corporation of America have been coming to these meetings for years. Both have seats on one of several of ALEC's boards
And that, folks, is how a bill written by a corporation becomes a law. :texan:

SouthCarolinaSooner
10/28/2010, 03:49 PM
Glad we are slashing spending by throwing even MORE people in jail

Scott D
10/28/2010, 03:54 PM
not a fan of corporate jails. They should be illegal.

StoopTroup
10/28/2010, 06:10 PM
not a fan of corporate jails. They should be illegal.

I'm not a fan of making money from other people's misery and I don't mean I dislike people who do it..I mean if would be tough for me to do it.

OnlyOneOklahoma
10/28/2010, 06:34 PM
http://www.chaobell.net/newgallery/d/2110-1/14xl63c.jpg

DIMZ R BAD HAR HAR HAR

Seriously.

I wonder if people are going to be bitching next spring when the State Questions that ban SHARIA LAW and the Voter ID card are ruled unconstitutional and a poll tax.

Then the state of oklahoma proceeds to spend $500,000 defending their ****ty and poorly written bills.

StoopTroup
10/28/2010, 06:36 PM
WE'RE DOOMED !

Boarder
10/28/2010, 06:52 PM
Seriously.

I wonder if people are going to be bitching next spring when the State Questions that ban SHARIA LAW and the Voter ID card are ruled unconstitutional and a poll tax.

Then the state of oklahoma proceeds to spend $500,000 defending their ****ty and poorly written bills.

People who are voting no on the state questions are pre-bitching already.

Scott D
10/28/2010, 08:05 PM
I'm not a fan of making money from other people's misery and I don't mean I dislike people who do it..I mean if would be tough for me to do it.

The motivations have to be in question with incarceration being a for profit industry. It's a system that can easily lead to portions of law enforcement running the risk of being shady in regards to payouts and railroading to meet quotas.