Federalism in the 21st Century: The Legal Arizona Worker’s Act
By: Patrick S. Cunningham (Mr. Cunningham's full article is available in the Journal's Summer 2010 issue.) In less than one week, the Supreme Court will hear arguments on the ever-present issue in American political and legal circles, federalism. In Chamber of Commerce v. Whiting the Court will decide whether the Legal Arizona Worker’ Act (“LAWA”), a law that allows Arizona to revoke the business licenses of companies that hire undocumented workers, is preempted by federal immigration law. With the surge of support for State’s rights as demonstrated by the mid-term election success of the Tea Party, combined with Arizona’s newest controversial immigration bill, SB 1070, and the flurry of spin-off legislation, this decision is bound to create a huge impact. It will likely establish a discernible cairn for legislatures to…