Thread: Illegal immigration: While states burn, Congress fiddles

Illegal immigration: While states burn, Congress fiddles
By Larry K. Grooms
Thursday, October 11, 2007
http://www.charleston.net


Our great national debate about illegal immigration is hardly new to the American experience. Today the controversy has reached a fever pitch, but over 200 years ago Alexander Hamilton offered his take. He wrote that the safety of a nation depends "on the energy of a common national sentiment, on a uniformity of principles and habits, on the exemption of the citizens from foreign bias and prejudice, and on that love of country which will almost invariably be found to be closely connected with birth, education and family."

I support legal immigrants and believe, as most Americans do, that they bring with them new talents, a strong work ethic, and a genuine desire to achieve the American dream. But now, by some reports, there are as many as 38 million illegal immigrants here.

The notion of a great "melting pot" is tossed out the window when we have a half-million new, undocumented men, women and children pouring across our borders every year. There's no way a nation, even a nation as large as ours, can assimilate them quickly enough. By the very act of stepping across our border, illegals are at once tramping on the principles that have traditionally kept America strong — our abiding sense of fair play and the rule of law. The sheer number of them, by necessity, means that our national principles and habits are weakened. Hamilton's notion of "a common national sentiment" is diluted with each passing day.

We experience the problem even in small, non-border states like South Carolina. Our schools are overwhelmed. The S.C. Department of Education can't even tell me the number of undocumented children we have; a court decision requires that we provide for their education and prevents asking students about their immigration status. Our health care system is strained, too. An estimated 20 percent or more of the uninsured are illegal immigrants. Hospitals are required to provide care in many cases, and Medicaid reimburses providers. In schools and emergency rooms, it's the taxpayer who foots the bill. Meanwhile, recent news reports point out that the wages of hardworking South Carolinians are falling because of illegal immigrants in our workforce.

The issue, however, has now transcended the old debates about government entitlements, cheap labor and even a common language. These great, unchecked waves are fostering a festering resentment in Americans. In this event Hamilton warned the very fabric of society becomes endangered, since 'the harmony of the ingredients is all important.' We are facing what he feared would come to pass. The problem is now so acute it should become a national security priority.

Since the most fundamental and important function of government is to ensure the safety of its citizens, what then can we do? South Carolina's ability to effectively deal with the problem is hamstrung by provisions in the U.S. Constitution that leave immigration law solely within the jurisdiction of the federal government. The states have very few mechanisms available for meaningful reform. What limited legislation the South Carolina Legislature may be able to pass risks being shot down by federal judges. Yet Congress has not acted. While the states burn, Congress fiddles. A new and more basic, some would say radical, approach is needed.

S.C. Senate President Pro Tempore Glenn McConnell has introduced an ingenious plan that addresses the issue head on. Under Article V of the Constitution, the S.C. General Assembly can petition Congress to call a convention for the sole purpose of giving states the ability to address illegal immigration. This exceptional and unprecedented resolution, if approved by two-thirds of the states, would require Congress to call this convention, where the issue could be dealt with once and for all. The purpose would be straightforward: states would be given the ability to permit or deny benefits to illegal immigrants, as well as the ability to enforce federal immigration laws within their borders. States would also be given the ability to apprehend and expel violators and the provision would mandate that the federal government provide timely assistance with deportation.

The fact that apparently no one has thought of this move before reflects not only Sen. McConnell's creative thinking, but also shows how far we have moved away from the notion of republicanism and states' rights. The beauty of the proposal lies in its reliance on the most basic principles of our founding. It also has the practical effect of forcing action and could very well mean the states will get relief.

I am a co-sponsor of this resolution and will do everything I can to help ensure its passage. The call for a constitutional convention is a plea for help. If Congress can't see the handwriting on the wall and do its duty, the states are obligated to do theirs.

Larry Grooms, R-Bonneau, represents S.C. Senate District 37, which includes parts of Berkeley, Charleston, Colleton and Dorchester counties.

This is very interesting. Good hope for this to proceed.

This article should make the rounds to all the Newspapers in the U.S. or A where we have a big problem with the illegals that the Dem's do not want to look at the Big Picture of how much it is hurting the Country.

Illegal Immigration Spurs Constitutional Amendment

Written by Joel S. Hirschhorn
Published October 11, 2007

Among the millions of Americans frustrated with the refusal by the federal government to forcefully control illegal immigration is South Carolina Senator Glenn McConnell. As President Pro Tempore of the Senate McConnell has explained why he is calling for the nation's first use of the US Constitution's Article V provision for a convention of state delegates to propose constitutional amendments.

"While this action is unprecedented, I also believe that the danger facing our country is unprecedented. We need to act now. ...Congress has refused or is incapable of acting, thereby leaving the states in the position of burning while Congress fiddles. ...the problem of illegal immigration is one that has reached a boiling point," said McConnell, a Charleston Republican.

He notes that if his resolution is approved by two-thirds of states it "would require Congress to call for a constitutional convention." What McConnell has not said, however, is that for many decades Congress has refused to obey Article V and call a convention that sufficient states have already asked for. The one and only requirement in Article V has been satisfied and Congress has no discretion in this matter.

McConnell's proposed constitutional amendment has these provisions:

1. No provision of this Constitution, or any amendment thereto, shall restrict or limit any state from enforcing federal law with regard to immigration violations. In the absence of proof of legal citizenship status, a state may decide what governmental services funded in whole or in part by the state may be provided to or denied from any undocumented alien located within the state's respective jurisdiction. States shall also have any power to regulate illegal immigration that has not been specifically preempted by an act of the Congress.

2. In implementing the provisions of this article, each state shall have the authority to prescribe civil and criminal penalties in addition to any provided by federal law for entering the United States illegally.

3. A state shall also have the power to apprehend and expel persons who are within the state's jurisdiction in violation of federal immigration law. The federal government must provide timely assistance to the state in expelling undocumented aliens upon request by a state.


Considering the historic record-low level of just 11 percent public support for Congress and the widespread public concern about the many impacts of unchecked illegal immigration, especially on communities and local governments, this call for an Article V convention is extremely timely. Few Americans are aware of their constitutional right to an Article V convention, provided by the Framers of our Constitution as a kind of escape clause should citizens lose confidence in the federal government. Could it be any clearer that Americans have lost confidence in the federal government?

While there are many other issues that merit debate by state delegates in an Article V convention, many of which have been proposed in previous state applications, the illegal immigration crisis has the potential to put enough political pressure on Congress to obey the Constitution and call a convention which it has refused to do thus far. Opponents of both the convention method of amendment and tough immigration law will assert that 33 more states must apply, assuming South Carolina acts. Senator McConnell has fallen into this trap. In reality, all 50 states have applied 567 times for a convention. Still, a new South Carolina application addressing illegal immigration may bring the failure of Congress to obey the law of the Constitution greater visibility and provoke public anger. We have something worse than a do-nothing Congress; we have a break-the-law Congress.

Americans that laud the Constitution and the rule of law, and want more effective actions to address illegal immigration - surely a super majority of citizens - should tell their state legislators that they support McConnell's proposal and the call for the nation's first Article V convention.

We have had more than enough talk, lies and spin. Now is the time for meaningful action. American is not a lifeboat that untold millions of poor, suffering people can illegally jump into - not without lifeboat-America sinking into third-world status. The corporate powers behind both the Democrats and Republicans are eager to sell out middle class Americans to get cheap labor. And their control over Congress has created the crisis that Senator McConnell has courageously addressed through a call for an Article V convention. Let's assist his bold effort.

We can expect opposition to the McConnell proposal from a number of groups that have always opposed using the Article V convention option. On the political left and right are many groups that fear a convention because they want to maintain their power and the status quo - a political system easily corrupted by corporate and other special interests through campaign contributions and lobbying. They have cleverly propagated the lie that a convention could by itself wreck our Constitution, which is impossible because proposed amendments must be ratified by three-quarters of the states. Elites fear an Article V convention because once convened it is independent of Congress and the White House, and could re-engage distracted Americans in their government by seeing the Article V convention as the means, finally, to reclaim their government. Learn more at www.foavc.org.





http://blogcritics.org/archives/2007/10/11/095345.php

The unofficial estimate of children of illegal immigrants in our schools in South Carolina is 30,000. The estimate for illegal aliens is 500,000.