On the recordFebruary 18, 2011
My strong opposition to this amendment is because it would bar the Department of Justice or any other Federal agency from challenging the constitutionality of this law in Arizona or any other law. The precedent being set by the Poe amendment, if it were to be adopted, would establish a dangerous new standard. It opens the door to congressional restraints on active pending Department of Justice litigation in a potentially endless variety of cases through backdoor de-funding moves. The precedent is being set here, and I appreciate the gentleman's point about Arizona working its will; but there are also people that believe in the Constitution, as we all do, who would want to know that the law in Arizona passes constitutional muster. This is what this lawsuit is about. This is why we have separation of powers. This is why we have a Constitution, to protect the interests of all people. SB 1070, you can support it; I can oppose it. The point being that there is a third part of our government that will decide whether or not this law is constitutional. I believe all of us would like to uphold constitutional laws. I yield back the balance of my time. Point of Order
