Letter: Waddoups exceeds authority in immigration ruling

This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Your editorial ("Judge wise to void Utah's immigration crackdown," June 22) states, "Fortunately, that's exactly what happened Wednesday when U.S. District Judge Clark Walddoups struck enough verbiage to basically void the Utah Legislature's 2011 attempt to create its own immigration policy and appoint state and local police agencies to enforce it."

The immediate question appears, "By what authority does Judge Waddoups strike down an act of the Utah Legislature?"

The states granted to the federal government two relative authorities. 1. "To establish an uniform Rule of (lawful) Naturalization ... " (U.S. Constitution, Article I, Section 8, Clause 4), and "The United States ... shall protect each of them against invasion ... " (Article IV, Section 4.)

I can't be sure, but I believe he acts outside of both of these authorities. That means that he acts without constitutional permission. This is commonly called usurpation of power and unlawful.

As to whether or not the Legislature acted foolishly to protect itself from "invasion," today's history proves the Legislature acted with great wisdom. Thousands of illegal aliens, many of them children horribly brutalized by their transporters, overwhelm our facilities to care for them.

It may be a good idea for the border guards to dump a trainload of illegal aliens now being transported to destinations far and wide around the nation on the lawn of the judge and in the office of the Tribune. This may be the only way to make a point of the insanity of national open borders.

Leonard Brown

Richfield