Sunday, April 25, 2010

Arizona's "New" Law Feeds Lawyers, Politicians, State, Jails

With all the brouhaha surrounding the recent passage into "law" in Arizona of "new" legislation in order to address the illegal immigrant situation and problems in that state, most of it political in nature and focusing on using once again "racial profiling" as the outcry by all those liberal groups and special interests, little has been said insofar as truly just what this legislation was intended to insure for the lawyers, politicians, state coffers and the privatized jail system.

It appears to me that this "new" law, as with most of the others which have been passed in Arizona since Reaganomics, is simply meant to insure a steady income stream for those two political parties and their members, who derive the bulk of their campaign funding on both sides of the aisle from - you guessed it - the lawyers and legal profession in one form or another.

This bill will be challenged, of course.

In fact, the outcry has been such that special interests groups such as MALDEF, the National Coalistion of "Christian" Clergy (primarily Catholic from all appearances) and a host of others will be filing their federal lawsuits real soon.

And since the federal government through the 9th Circuit has given "standing" to non-Americans and illegal immigrant groups within also the past several decades through their lawyers, the federal judiciary, Congress also passed another of its "Acts" in order to provide for taxpayer paid fees and costs to those civil rights lawyers for such cases, even when most of these "civil rights" and special interest groups for foreigners are already also the recipient of federal grant monies due to the fact that most of these groups also claim to have a purported "educational" focus.

Several years ago, due to an initiative passed by the Arizona citizens way back when calling for balanced budgets, the State of Arizona also has progressively began privatizing some of its state and local jail and prison facilities - of course, after all those jails were funded by the taxpayers in order to build in the first place.

The penal industrial complex is now rivaling the military industrial complex in the costs to the taxpayers now also due to the progressive criminalization of even minor offenses in this country for not simply foreigners, but also American citizens.

Bail costs also which are tied into statutorily set fines and fees for these minor offenses have also made it more and more likely that many Americans (not to mention a great many of those Mexican crossers, not the big time drug dealers and auto thief hoppers) cannot even make those bail sums, and thus are incarcerated then sometimes days or weeks before entering their pleas - since the state and federal court systems have become so over loaded and expensive due to this progression, with the state also then receiving sums in federal grants for "maintenance" of those prisons by the head count.

It appears more and more that crime truly does pay - the state court system, and privatized state 'corporate" jails, that is, for their budgetary and revenue needs most of all.

Tent City in Arizona is a MISDEMEANOR jail faciity, although more and more run as a maximum security facility, and houses over 2,000 inmates periodically, housing misdemeanor offenders in surplus army tents at times in 120 degree or more heat.

While the local county minimum security lockup that the Arizona taxpayers paid for decades ago, during the 1990's was instead turned into a "no kill" animal shelter - in effect the animals, most of them pit bulls which are now the subject of riders on most insurance policies, are housed in air cooled comfort while MISDEMEANOR offenders in Arizona (many of them small time drug users, not large scale suppliers) are housed in army tents with port-a-johns.

The common law intended in this country in "making the punishment fit the crime" has been turned upside across the nation now progressively in order to meet state budgetary requirements, with fees and fines now configured in order to make budget, rather than address the crime itself or the economic circumstances of the average American.

And in order to gain more and more revenue for discretionary purposes, true governmental functions are being privatized so that most of the taxpayer's monies can be used for political reason and not in providing for those governmental services which those taxes were intended to provide in any manner whatsoever.

Mandatory seat belt laws throughout the country range from $25 per infraction, to in some states approaching $100 - over ten times the average hourly wage for a crime which is a victimless crime and in which less than 5% of the driving population are involved in accidents involving any significant property damage or injury, and at a time when cars are now built with stringent safety requirements to begin with such as air bags, engines which are designed to drop down in the event of even minor collusion, and passive restraint systems.

Since it is the "corporate" and civil rights lawyers who are also writing a great deal of both federal, and state, legislation - it appears more and more that legislation is being written in order to feed their industry, without any Constitutional foundation whatsoever behind much of it.

Including this "new" Arizona law, since this new law will certainly drain the coffers of the Arizona taxpayers in the costs now to house these "criminals," AND provide state trials for them, rather than simply being deported and returned by the U.S. Marshall's office as was done in the past for misdemeanor offenders after discovery of their immigration status, and in the fees and costs which those lawyers will receive for the trials of those misdemeanor or felony offenders under the law providing for legal fees and costs for any and all actions which can in any way be designated a "civil rights" action.

And in the process, then be given access to immigration lawyers in any event after some of those large scale drug dealers or auto thieves beat their raps.

Instead of being dismissed at the state level due to lack of jurisdiction and handed over to the federal courts for trial and processing - the state has attempted to assert not simply its jurisdiction authority, but also its financial authority over them, through this legislation and now has extended access to the state courts in addition to the federal courts for a great many of these individuals, at the Arizona taxpayers double expense - and the expense of all Americans since the states receive federal pork funding also for their budgetary needs without apportionment by population, but simply by state and municipal "corporate" lobbying.

In effect not simply affording them "due process" but now even "abuse of process" and unequal privileges and immunities in many respects over legal and lawful Americans charged with offenses who must be satsified with public defenders if indigent, and don't qualify then for "civil rights" lawyers as Americans and thus not a "protected" class - which is why the "racial" and "national origin" card is being used for these "non-Americans" so frequently by these lawyer led groups.

What a mess. And the bureaucrats in Arizona, it appears, are simply once again using this issue as their own job stimulus, and for their future campaigns and eventual taxpayer paid pension plans.

I actually don't expect this legislation to be reversed for some time as it winds its way through the federal court system, with all the delays and hair splitting that will go on with respect to this rather loosely worded "law."

I mean time IS money, after all.

For both the lawyers, and for the State of Arizona - all at the expense of those whose rights they have truly violated in this political gamesplaying.

That of the American and Arizona true citizenry.

Including those bureaucrats themselves ironically, ultimately and their posterity.