Schmidt, O'Neal file pro-states' rights brief

[the shadow]

TOPEKA - (August 10, 2010) - Two Kansas Republican leaders have become the first in the country to ask a federal appeals court to uphold Arizona's power to combat illegal immigration and regulate law-and-order within its borders.



Senate Majority Leader Derek Schmidt, R-Independence, and House Speaker Mike O'Neal, R-Hutchinson, today filed a friend of the court brief asking the San Francisco-based 9th U.S. Court of Appeals to side with Arizona in its dispute with the federal government. The federal government sued Arizona to stop it from enforcing a new state law aimed at countering illegal immigration in the state.



Their brief stated in part: "The American system of federalism does not assume that Washington always knows best. ... If the position of the federal government is affirmed on appeal, then the ability of all states to preserve law and order within their borders through the exercise of their inherent general police powers will be substantially diminished."



The lawmakers' brief was the first of its kind filed in this appeal.



"The decision by the Obama administration to fight Arizona rather than fighting illegal immigration once again underscored Washington's misplaced priorities and disrespect for state authority," said Schmidt, an attorney who also serves as vice chairman of the Senate Judiciary Committee. "As Kansas leaders, we need to do more than just complain about this Washington power grab. So we're going to stand up and fight it in court."



"If the district court's decision stands, it has adverse implications for the ability of Kansas and other states to enforce our own public safety laws and ensure the safety of our citizens," said O'Neal, who also is an attorney. "The federal government has chief responsibility for immigration, but states have chief responsibility for public safety. When Washington tries to take away that traditional state power, we need to stand and fight to preserve it."



Arguments in the appeal are scheduled for later this fall.

[redcliffsw]

County governments are not Federal but lately I've noticed that in some Kansas counties
there's no Kansas flag on county property.

Have we become so Federalized that the counties no longer attempt to fly the Kansas flag? 

Another thing, why is it that candidates for county/state offices display the U S flag, yet no
Kansas flag is used in their campaign?  Have they sold out?