Date/Time: 2010-11-16 14:06 (UTC)Posted by: [identity profile] schpydurx.livejournal.com
If you're worried about racists officers, you're barking up the wrong tree. Racists don't exert racism simply because the law allows them to (which SB 1070 does not). What is preventing this officer sans-1070 from racially profiling? Even better, how does passing a law prohibiting racial profiling stop this officer from performing his duties from within the context of his racism?

The fact of the matter is that the law is not racist nor does it promote racism. What the law would have done is assert Arizona responsibility to secure its sovereign land against foreign invaders, which, in a sense, the State always had the power to do. SB 1070 served two purposes: it redundantly defined what was and wasn't required of law enforcement and, more importantly, it served as a Nullification law and hence a check on the Federal government.

When dealing with law, you have to take the literal meaning of the text, not attempt to stretch the language to suit your purposes.

This is exactly what Madison meant when he wrote the following in Federalist 53:

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
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