IMMIGRATION:
Before passing judgment on State of Arizona Senate Bill 1070, I took time to read the bill in its entirety. While reading this bill, I found a number of items of concern, but I am going to address three things that are at the heart of this issue.
Article 8. Enforcement of Immigration Laws is an addition to Sec. 2. Title 11. Chapter 7. The two items of greatest concern in this addition is B, which deals with “Reasonable Suspicion” as a justification for determining if a person is an alien who is unlawfully present in the United States; and E, which involves the use of “Probable Cause” as a justification for arresting a person if it is believed the person has committed any public offense that makes the person removable from the United States.
My third item of greatest concern is found under Sec. 4 Smuggling: classification: definitions. Item E reads, “Notwithstanding any other law, a peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law and this section.”
The Fourth Amendment to the United States Constitution provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.”
A huge problem with the Arizona State Senate Bill 1070 arises from the provisions regarding “Reasonable Suspicion” and “Probable Cause.” Reasonable suspicion is a very loose concept with a great deal of room for interpretation. Reasonable suspicion must be more than a hunch, but does not require a preponderance of evidence. Under SB 1070, reasonable suspicion could be based on a person’s ethnicity. Probable cause requires a higher degree of justification, but under SB 1070, it is the sinister partner of reasonable suspicion.
As currently written, this bill is fertile ground for abuse by law enforcement officers armed with the tools of reasonable suspicion and probable cause. Under this bill, reasonable suspicion can be based on a person’s ethnicity. Since the primary concern regarding illegal immigrants involves individuals of Hispanic heritage, the law represents a blatant legalization of profiling. Once a person has been stopped based on the grounds of reasonable suspicion, the next step is to determine if there is any probably cause for further action.
While a rational person would question the legitimacy of this law based on the 4th Amendment to the Constitution of the United States, there are a number of court cases which would suggest SB 1070 will result in unconstitutional behavior on the part of Arizona Law Enforcement. The one case I will cite is Ornelas v United States. In an 8-1 decision, the court established that the principal components of a determination of reasonable suspicion or probable cause will be the events which occurred leading up to the stop or search, and then the decision whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to reasonable suspicion or probable cause.
The fact-of-the-matter is SB 1070 represents very bad legislation. It arouses a great deal of concern within a specific population of our society, and Americans as a whole. There is every reason to believe it will be the basis for wholesale profiling.
One of the reasons given for this legislation is the lack of resolve on the part of the federal government to act on the issue of illegal immigration. We cannot wait any longer. The United States House of Representatives and Senate need to pass Comprehensive Immigration Reform which protects our borders and includes a pathway to legalization. Of all the options for dealing with the issue of immigration, Comprehensive Immigration Reform makes the most sense for strengthening our economy and adhering to our proud history of immigration.
ENVIRONMENT AND OIL:
When are we going to realize that there are certain human activities that just do not go well with nature? Off-shore drilling for oil and associated functions is one of those activities. The catastrophic events associated with the current oil spill in the Gulf of Mexico is a grim reminder of what is actually taking place on a much smaller scale a whole lot more frequently than we might like to think.
What we are experiencing with this current accident is an intense and prolonged hydrocarbon gushing. This accident will take a long time to resolve because the pressure in the drilling zone is so intense that it can only be resolved by the drilling of what is called a lean hole to stop the blowout. While this type of accident is unusual, the other type of accident which goes mostly unnoticed by the public involves routine episodes of hydrocarbon spills and blowouts which can be resolved in hours or days. However, despite the lack of public attention these lesser episodes attract, their ecological hazard and environmental risk can be considerable on the marine environment.
The current oil spill in the Gulf is huge and growing. It is anticipated that this situation will result in as much as 200,000 gallons of hyrdrocarbon gushing into the Gulf each and every day for some time to come. This oil spill not only threatens the marine environment, but as it comes ashore, it threatens wildlife, the fishing industry, and the tourist industry for the entire Gulf Coast region.
BP and Transocean must be held accountable for this accident. The United States Attorney General should file an injunction against BP and Transocean prohibiting them from activities in which they may seek to extort small fisheries and sole proprietors to sign a release. The Attorney General acting on behalf of the entire region should mount a full scale investigation which seeks to determine fair restitution for all those impacted by this awful ecological tragedy.
While it would be difficult to undo all of the off-shore drilling that is currently in place, the President and Congress should act to ensure no new off-shore drilling. Furthermore, steps must be taken to hold current drilling operations to a much higher standard of construction and safety. Our sympathy must go to the families of those who lost their lives during this terrible accident.
What needs to occur in this country is a massive commitment to and investment in biotechnology and renewable fuels. We are on the cusp of a biotechnology revolution which will allow us to go a long way down the road towards renewable and clean fuels. We need to see a serious and long term commitment to research and development centers such as the Bioeconomy Institute at Iowa State University. We need to invest in emerging technologies now and be prepared to evolve with the science in achieving an energy policy in this country that is compatible with our environment.
PRESIDENT OBAMA'S UNIVERSITY OF MICHIGAN COMMENCEMENT SPEECH:
I had the privilege to watch the President’s Commencement speech at the University of Michigan on Saturday, May 1. I was quickly reminded why I feel so strongly about President Obama. His words are words that inspire and cause others to aspire to greatness. His words set a tone of leadership that calls out to others to join in a journey to a better day.
During his address, the President reached back into our history to help build an understanding that politics is not for the faint of heart. In fact, politics requires courage, determination, and a firm resolve to overcome those who would oppose change. In 2008, the people of this country said loud and clear that they wanted change. Change must occur because society changes, times change, generations change, and our nation must change as well. It has been happening for over 200 years, and it must continue if we are going to remain a great Democracy.
President Obama reminded us that past Presidents such as Abraham Lincoln, Teddy Roosevelt, and Lyndon Johnson believed that the role of government was to act on behalf of the people. In fact, Lincoln said, “The role of government is to do for the people what they cannot do better for themselves.” The President went on to identify many of the ways government functions to provide all people with a better life.
President Obama spoke to the importance of public and civil discourse. He talked about the abundance of information that is available to all citizens, and how it is our responsibility to seek out information that is accurate. He said, “That is why we need an educated citizenry.” In fact, Thomas Jefferson called an “educated citizenry” the greatest defense of Democracy.
If you want the real impact of this great speech, the text is easy to find on the Internet as is plenty of commentary. What I recommend is you read the speech for yourself and then make up your own mind. As for me, I am with the President, and I believe we can and must do better!
~ Bill
