http://www.onenewsnow.com/Legal/Default.aspx?id=1224600As one California court has been the hotbed of the nation's most controversial issues, a conservative activist thinks it is seeking to promote its own agenda in federal policies, especially in the case of Arizona's immigration law.
The Ninth U.S. Circuit Court of Appeals is debating the constitutionality of a section of the Arizona law that would require officials to check the legal status of someone suspected of being in the U.S. illegally. Allan Parker, president of The Justice Foundation, does not think the federal government has been successful in enforcing immigration laws because each administration interprets the Constitution in its own way.
Alan Parker (The Justice Foundation)"This administration may want to enforce this law and not another one, and the next one comes in and enforces different laws in a different way," he explains. "You don't know what the result will be until you see the election and you determine who's in office and what they want to do."
After Arizona's immigration law passed earlier this year, a federal judge in Phoenix and the Obama administration immediately sought to overturn it, which ultimately generated national debate over immigration policy. Parker contends the San Francisco-based federal appeals court is an activist court with judges who seek to promote their own agenda by misinterpreting the Constitution.
"Unfortunately, the Ninth Circuit is dominated more by judges who believe in the 'living Constitution,' which unfortunately deprives the people of the United States of determining what the Constitution means, and therefore deprives our government from its legitimacy, which comes from the consent of the governed," The Justice Foundation president laments.
He believes border policy is an issue that the federal government should address, and he also points out that the government cannot prohibit states from enforcing laws that are joined with federal laws.