Thread: SC Senate leader wants constitution change on illegal immigr

SC Senate leader wants constitution change on illegal immigration

October 5, 2007
The Associated Press


COLUMBIA, S.C. | One of the leaders in the state Senate wants the U.S. Congress to call a convention to amend the U.S. Constitution so states could deny benefits and expel people who are in this country illegally.

"It's a chance for us to hold Congress' feet to the fire and make them act. We've got an overwhelming problem and they're not dedicating overwhelming resources," said Senate President Pro Tem Glenn McConnell.

The Charleston Republican said states can do little to stop illegal immigration. The state is paying for services for illegal immigrants and their families and can't collect taxes from them.

"Unfortunately, the ability of the state to deal with the problem of illegal immigration is almost entirely taken away by the provisions of our Constitution," McConnell said. "However, Congress has refused or is incapable of acting, thereby leaving the states in the position of burning while Congress fiddles."

McConnell said he has no estimate of how many illegal immigrants are in South Carolina or how much they cost the state.

Nationally, there are an estimated 12 million illegal immigrants and their children - many of whom are native-born U.S. citizens, said Sheri Steisel, immigration expert for the National Conference of State Legislatures.

Every state has introduced some form of immigration legislation in the past year, she said. "When federal discussions on immigration fell through, states felt frustrated," Steisel said.

McConnell's resolution, if approved by the Legislature, would call for the General Assembly to officially petition the Congress on July 1, 2008, as allowed by Article V of the Constitution, to hold a constitutional convention. Before Congress could act, 33 other states would have to file similar petitions. Any changes that came out of the convention would have to be approved by 38 states before they were adopted, he said.

Telephone messages left for representatives of several immigrant and Hispanic organizations were not returned Friday.


http://www.wilmingtonstar.com/article/2 ... /710050869

The Constitution is quite clear to anyone with understanding. Interpretation is another matter. I would not trust the senate to make any changes because they are clueless.

I say repeal the 17th amendment. Senators were NEVER ment to be elected by the people. It's like having 2 houses of congress right now. Senators were only responsible to answering to the STATES from which they were elected, and state governments elected their senators. Congress answered directly to the people.

This whole process is now a sham, a farce, and completely against what the founders had envisioned.

Senator's bold plan to force illegal immigration solution
Sunday, October 7, 2007



Congress' failure to achieve a workable policy on illegal immigration has left the states in the unenviable position of dealing with the difficult consequences. One leading South Carolina legislator is urging a response that will be sure to encourage Congress' renewed attention.

Glenn McConnell, Senate President Pro Tem, wants the South Carolina Legislature to start the process of demanding a national constitutional convention to deal with the immigration issue. The convention would seek an amendment to give states greater authority to deal with illegal immigrants. And it would require the federal government to deport illegals picked up by the states.

Sen. McConnell, a Charleston Republican, will seek approval of a resolution in the General Assembly with the expectation that like-minded leaders in other states will take up the cause. Approval by two-thirds of state legislatures would force a constitutional convention. It's likely, however, that a groundswell of support for Sen. McConnell's proposal would bring about needed action in the Congress before the states step into the breach.

"There's a power failure in Washington," Sen. McConnell says, citing Congress' unwillingness to achieve a workable plan to deal with illegal immigrants, whose numbers are estimated at 11 million. Consequently, states are left with the expense of providing services to illegals, such as emergency medical care and law enforcement. The proposed amendment would give state government greater authority to decide which services will be provided and to determine what penalties will apply to those who violate the law.

While states, including South Carolina, are attempting to manage problems caused by illegal immigrants, those efforts are liable to be rejected by the federal courts, absent constitutional authority, the senator says.

Sen. McConnell recognizes that his idea doesn't offer a comprehensive solution, adding that only the federal government can deal with the essential issue of securing the nation's borders. But it would give some states greater authority in an area where they are largely powerless.

"I hope it will be a clarion call to Congress to go back to Washington and stay there until it can resolve the issue," he says.

Sen. McConnell's proposal might be viewed by some as quixotic, but the senator is hardly alone in his view that Congress hasn't met its responsibility. The miserable poll numbers for both Republicans and Democrats in Congress are a reflection of the public dissatisfaction with their incapacity on immigration and other matters.

Sen. McConnell's idea may well pick up mass and momentum as it moves forward. The state Legislature should get the proposal rolling with its approval in January.

www.charleston.net

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A Constitutional Convention will not solve the immigration enforcement problems in the United States. What it WILL do is put our freedom and our entire system of government at risk! A Constitutional Convention could not be limited once convened to any one single issue, be it immigration or balancing the federal budget. The entire United States Constitution would be open for revisions or even thrown out altogether. If 2/3 of states call for a convention, regardless of the issue, then Congress must call that convention and our very nation is at risk. This is too dangerous a Pandora's box to ever open again. Our Founding Fathers gave us a wonderful document in 1776 - Let's see if we can keep it.

What in the hell is wrong with these people. States already have the authority if they would just do a little research into our existing laws.

According to the Federal Immigration and Nationality Act of 1996, State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences.

Taken from the Illegal Immigration Reform and Immigrants Responsibility Act of 1996:
:Section 287(g) of the Immigration and Nationality Act (INA) was made law in 1996 as a result of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Section 287(g) authorizes the Secretary of Homeland Security to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement officers. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.

I am a SC citizen and have been urging my senators and reps to work for immigration law enforcement and border security, but when I found out that there was an attempt to call an Article V Constitutional Convention, I began concentrating my efforts AGAINST that resolution, just as I did 20 years ago, when citizens came together and convinced our legislature to WITHDRAW our state's previous convention call over the balanced budget amendment. A Con Con as it is oft termed is a very dangerous proposition which could undermine our entire form of government.

A Constitutional Convention cannot be limited to one single issue or amendment. The entire US Constitution would be open to revision or could be thrown out altogether. If the wrong interest groups get control of the convention we could end up with a North American Union with open borders, rather than a border security amendment as Sen McConnell envisions. But don't just take my word for it. The following is a link to my website where I have posted a letter from former Supreme Court Justice Warren Burger (198 where he states...

"The Convention could make its own rules and set its own agenda. Congress might try to limit the Convention to one amendment or to one issue, but there is no way to assure that the convention would obey. After a Convention is convened, it will be too late to stop the Convention if we don't like its agenda. The meeting in 1787 ignored the limit placed by the Confederation Congress 'for the sole and express purpose'..."

"A Constitutional Convention today would be a free-for-all for special interest groups, television coverage, and press speculation."

http://my.opera.com/jkhgadfly

Tell your state reps to support strong laws against illegal immigration, but tell them to SAY NO to an Article V Constitutional Convention!