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I have been trying to do this: But I can't seem to make it work. Can someone help me out? A: Answered in , regardless of the color of their skin, that the State has a vital interest in ensuring that its border is clear. To argue that Congress has the authority to enact a law granting citizenship based on residency status, and not based on birth within its borders, is to concede that Congress is free to grant citizenship to aliens at any time at any place it chooses within the territorial boundaries of the United States. This would not only fly in the face of our system of government, but would render the nation as a whole powerless to control the entrance of new aliens or to prevent the entry of those aliens who are already here illegally. Id. at 746-47 (internal citations and quotations omitted). In short, the upshot of the Akram majority's decision is that Congress does not have the power to abrogate the sovereign sovereignty of a state by enacting laws granting amnesty to aliens who arrive within its borders. D. The Akram Decision Is Consistent with Our Previous Decisions It is well-settled that "every Court of Appeals that has addressed the issue has held that a state may not be sued for a violation of its laws pursuant to section 1367(a)." Elk Grove Unified School District v. Newdow, 542 U.S. 1, 4, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004) (quoting Jones v. United States, 526 U.S. 227, 249-50, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)). We agree with the Second Circuit, which found that even though the Akram opinion indicated that the case before it was "unique," it did not identify "a single fact that distinguishes this case from any other suit against a state." States' Rights I, 337 F.3d at 234. For example, we find no distinction between Akram and the similar Supreme Court decision in Coeur D'Alene Tribe of Idaho v. Hammond, 384 F.3d 674, 679 (9th Cir. 2004), where we held that Congress lacks the authority to abrogate the sovereign immunity of the State of Idaho. E. Contrary

 

 


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Class 12 Ip Book Free Download Pdf [2022]
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