re: "SCOTUS to POTUS: You're Not Very Good At This Whole Law Thing, Are You?"

Gabriel Malor at Ace of Spades HQ commented on a consular notification case.

Money quote(s):

"A child rapist/murderer and the President teamed up last week to ask the Supreme Court to stay the rapist/murderer's execution in Texas so that Congress could have time to consider legislation that would invalidate the murderer's conviction. (As if that would ever pass Congress.) They believe that international law was violated because the criminal was not advised of his right to contact the Mexican consulate when he was arrested. You see, the criminal is an alien."

Nice summary of the facts in order of their importance.

It's also difficult to notify the consulate of someone, and illegal alien for instance, who doesn't tell you (or denies) that they're not a U.S. citizen.

"(L)ast year, in a separate case, the Supreme Court ruled that, while international law is violated when an alien isn't advised of this treaty right to contact his consulate, domestic law is just honkey-dory with it because Congress never implemented the treaty. So that guy was executed. Since then, Congress has done nothing to implement the treaty."

Three. Co-Equal. Branches. Of. Government.

Got that part? None of the three branches possesses the divine right of kingship. They each have their roles and missions.

re: "Arizona House Mulling Bill to Require That Presidential Candidates Present Qualifications to Be On Ballot"

Gabriel Malor at Ace of Spades HQ has the scoop on some proposed legislation out west.

Money quote(s):

"Seems like an eminently reasonable law to me. And much more constitutional than using the courts to topple a presidency. "

re: "Arizona's New Illegal Immigration Law"

Gabriel Malor at Ace of Spades HQ critiqued some legislation on its way to the desk of Arizona's governor.

Money quote(s):

"The bill has plenty to commend it. It prohibits localities from enacting rules to prevent the enforcement of immigration laws, like Los Angeles' infamous Special Order 40. It also prohibits them from withholding from other agencies or the federal government information relating to the immigration status of individuals.

It makes an alien's failure to carry an immigration document on their person a state crime (in addition to the federal crime) and imposes additional penalties for repeat offenders and offenders with a range of aggravating factors like gun or drug possession or prior removal orders.

The law makes it a crime to solicit work as a day laborer or to hire day laborers."

&

"I have no problem with the police checking on the immigration status of arrestees and maybe even criminal suspects. But sending them after folks who have lawful contact with the police will lead to more crime and more victims. And it won't solve the illegal alien problem."

re: "Secretary Napolitano on New DHS"

Gabriel Malor at Ace of Spades HQ gives the new Secretary of Homeland Security some good marks.

Quote(s):

"Unlike pro-amnesty former Secretary Chertoff, who couldn't help but insert himself into immigration policy debates, Napolitano sounds like she intends to steer clear of that sort of thing"

&

"She did a good job explaining what U.S. policy is, rather than what she thinks it ought to be. "

re: "Judicial Watch Sues Clinton Over Emoluments Clause"

Gabriel at Ace of Spades HQ provides some analysis.

Money quote(s):

"They dug up an FSO from the state department to be the plaintiff."

"Congress reduced the Secretary of State's pay to what it was before Clinton became a senator. That's the "Saxbe Fix." "

"They let William Saxbe get away with it in the 1970s, so there's precedent."

&

"(W)ith the executive and the legislative branches having decided the issue and moved on, the judicial branch will be loath to intrude. Just what solution is available? An injunction directed at the parties, Clinton and the Department of State, telling them to ignore Congress and the President. Not likely. Or an injunction directed to non-parties, Congress or the President. Even less likely."