Originally posted by sgreger1
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A good law would be: Anyone seen jump-roping is subject to arrest. There you go - color blind in writing and in application. Even if 99% of the arrestees are African American, there is no argument that the law applies to all races.
A bad law would be: Anyone that the police suspect may be carrying a jump-rope is subject to a stop and search. The law is color-blind as written, but in practice the cops will just stop blacks left and right. So, unconstitutional.
Now, back to the immigration law. As you see, Arizona followed the second alternative, giving the cops the power to stop and question those suspected of being undocumented immigrants. Clearly, this will mean stopping Hispanic-looking individuals for no reason. I am confident that this will be held to be unconstitutional. Had Arizona wanted to pass a legal law, it could have simply required cops to inquire as to immigration status of ALL persons lawfully stopped by the police. Whites, blacks, Hispanics, Asians, whatever; everyone gets questioned, and the results are the same. Instead, Arizona chose to go with this circus side-show simply to appeal to its loony right-wing voter-base, and will pay for this shortsightedness in federal courts.
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