Arizona appeals, but is the law misbegotten?

True to its promise, Arizona has appealed Judge Bolton’s ruling.  And the local sheriff promises to arrest protesters and put them in pink underwear…as if they weren’t already wearing it.

“My deputies will arrest them and put them in pink underwear,” Arpaio said, referring to one of his odd methods of punishment for prisoners. “Count on it.”
(KSL)

Meanwhile, in the world of commentary, The Nation posted this, from John Nichols:

This is not complicated stuff.

Article 1, Section 8 of the document gives Congress the authority “to establish an uniform Rule of Naturalization…”

This is not some totalitarian scheme hatched by James Madison and George Mason back in 1787.

It was one of the most practical things the founders did.

For any country, especially any large country, there has to be basic uniformity with regard to questions of who gets to enter the country and how.

So take that, constitutionalists,  Or is he missing the point?  According to Arizona Gov. Jan Brewer (the Johnny-come-lately who opposed S.R.1070 until it passed, and since has ridden on its coattails to a wave of high popularity), “The bottom line is we’ve known all along that it is the responsibility of the feds and they haven’t done their job, so we were going to help them do that.” (Thanks, Andrew Cohen)  Is she saying that the law was never expected to survive legal scrutiny, but that it would at least kick the feds in the right direction, maybe prodding the feds to do their job? (Are the feds doing their job?)

See also:

• Arizona Immigration law stopped–for now. (Law after the bar)
• Article 1, Section 8 of the Constitution and annotations (Consource)
• Arizona Immigration Law: Legal Path Is Blocked, So Political One Must Be Found (Politics Daily)

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