There is little doubt that the Ninth Circuit court will rule SB 1070 unconstitutional if the Arizona Supreme Court does not. No doubt, they will echo the sentiments of Lozano v. Hazelton fought in Pennsylvania concerning the “Supremacy Clause” of the Constitution.
A discussion of the illegal immigration situation necessitates, I would think, a look at the subject through the eyes of history. There are some web sites that portend that the founding fathers were mute on the subject. That they were more concerned with “making citizens” that deporting illegals. A cursory examination of the web dispels this.
Let’s “facebook” the “father of separation of Church and State,” Thomas Jefferson, for example.

The present desire of America is to produce rapid population by as great importations of foreigners as possible. But is this founded in good policy? The advantage proposed is the multiplication of numbers. Now let us suppose (for example only) that, in this State, [Virginia] we could double our numbers in one year by the importation of foreigners ; and this is a greater accession than the most sanguine advocate for immigration has a right to expect. Then I say, beginning with a double stock, we shall attain any given degree of population only twenty-seven years and three months sooner than if we proceed on our single stock. If we propose four millions and a half as a competent population for this State, we should be fifty-four and a half years attaining it, could we at once double our numbers ; and eighty-one and three-quarter years, if we rely on natural propagation, as may be seen by the following table:
…………………….Proceeding on our………Proceeding on
…………………….Present Stock……………double stock
1781……………………567,614………………..1,135,228
1808-1/4…………..1,135,228………………..2,270,456
1835-1/2…………..2,270,456………………..4,540,812
1862………………….4,540,912………………..———
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