On a five to three vote, the Supreme Cou

免费题库2022-08-02  31

问题 On a five to three vote, the Supreme Court knocked out much of Arizona’s immigration law Monday—a modest policy victory for the Obama Administration. But on the more important matter of the Constitution, the decision was an 8-0 defeat for the Administration’s effort to upset the balance of power between the federal government and the states.  In Arizona v. United States, the majority overturned three of the four contested provisions of Arizona’s controversial plan to have state and local police enforce federal immigration law. The Constitutional principles that Washington alone has the power to “establish a uniform Rule of Naturalization” and that federal laws precede state laws are noncontroversial.A.rizona had attempted to fashion state policies that ran parallel to the existing federal ones.  Justice Anthony Kennedy, joined by Chief Justice John Roberts and the Court’s liberals, ruled that the state flew too close to the federal sun. On the overturned provisions the majority held that Congress had deliberately “occupied the field,” and Arizona had thus intruded on the federal’s privileged powers.  However, the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement. That’s because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.  Two of the three objecting Justices — Samuel Alito and Clarence Thomas — agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute. The only major objection came from Justice Antonin Scalia, who offered an even more robust defense of state privileges going back to the Alien and Sedition Acts.  The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as “a shocking assertion of federal executive power.” The White House argued that Arizona’s laws conflicted with its enforcement priorities, even if state laws complied with federal statutes to the letter. In effect, the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.  Some powers do belong exclusively to the federal government, and control of citizenship and the borders is among them. But if Congress wanted to prevent states from using their own resources to check immigration status, it could.It never did so. The Administration was in essence asserting that because it didn’t want to carry out Congress’s immigration wishes, no state should be allowed to do so either. Every Justice rightly rejected this remarkable claim.On which of the following did the Justices agree, according to Paragraph 4?A. States’ independence from federal immigration law.B. Federal officers’ duty to withhold immigrants’ information.C. States’ legitimate role in immigration enforcement.D. Congress’s intervention in immigration enforcement.

选项 A. States’ independence from federal immigration law.
B. Federal officers’ duty to withhold immigrants’ information.
C. States’ legitimate role in immigration enforcement.
D. Congress’s intervention in immigration enforcement.

答案 C

解析 推断题。由题干可定位到第四段。由该段第一句可知,法官们认为亚利桑那州警察依然可以核实移民的地位是否合法。下一句给出理由:因为国会一贯设想联邦政府与州政府一起实施移民法,同时明确鼓励州警察与联邦同事分享信息以及相互合作。故C项“各州实施移民法是合法的”符合题意,为正确答案。本题也可以利用排除法确定答案,A项中的independence指明“州移民法是独立于联邦移民法之外的”不正确。B项中的withhold与原文的share information and cooperate with相悖。D项中的intervention文中并未提及。
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