Constitutional Law
May 26, 2010
Overlooked Doctrines For Challenging Arizona's Immigration Law
Kenneth Agran of Whittier Law School says the dormant commerce clause and right to travel are two overlooked constitutional grounds for challenging Arizona's immigration law.
The recently-passed Arizona immigration law (SB 1070), requiring police who have lawfully stopped an individual to verify his immigration status if there is "reasonable suspicion" that he is in the U.S. illegally, raises a number of troubling constitutional issues and well-deserved concerns about civil liberties. In the larger debate over the legality and wisdom of the Arizona law, however, commentators seem to have overlooked t...
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