John Eastman recently appeared at the National Constitution Center to discuss illegal immigration and birthright citizenship. You can listen online here. I think Eastman makes by far the more convincing argument. But one amusing moment comes at 49:13, when the panel is talking about laws like SB 1070, in which states are taking it upon themselves to enforce already existing federal laws against illegal immigration. Judge Rendell says,
What if government isn't doing a good job with the army? Does that mean Pennsylvania starts its own army? There are areas of the law that are uniquely federal.
Well, actually, the Constitution does not make that a "uniquely federal" matter; not only do states have their own armies already (the "militia"), but Art. I sec. 10 says that if the federal government doesn't run the army right, states can employ their own! "No state shall, without the consent of Congress...keep troops, or...engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."
This seems a particularly unfortunate choice of a example to make the Judge's point.
