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The Arizona legislature has come up with an interesting bit of political gamesmanship. There are those that think it’s just good policy, but when you break it down, it’s just politics. Damn good politics, if you ask me.

If you’re not reading the news, Arizona recently passed a law that gives state police a new ability to demand to see the immigration paperwork of anybody they think might be illegal. Their stated belief is that, since the Federal government is either unwilling or unable to take care of the problem of illegal immigration, the state of Arizona would have to step up and do the dirty work.

There are other statutes in the law that seem perfectly reasonable, but it’s the stopping-and-demanding-your-papers thing that is the real sticking point.

See, that flies directly in the face of the 4th Amendment. You know the 4th Amendment, right?

No? Well, let me spell it out for you.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but on probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The distilled version, applicable here, is cops can’t stop you and demand to see your ID for any reason unless you’re presenting them with specific evidence that a crime has been committed. And, before you ask – no, “looking illegal” isn’t a good enough reason.

There was a specific challenge to the 4th regarding illegals. In USA vs. Martinez-Fuerte, the Supreme Court of 1976 ruled that Federal Immigration Officers in Southern California could operate a permanent immigration checkpoint. The majority said, however, that the ruling was in favor for only permanent immigration checkpoints, and nothing arbitrary or mobile.

Bottom line is, if this law comes to a supreme court challenge, which it will, it will get overturned instantly. A victory for civil libertarians, right?

Wrong. See, right or wrong, the American Right, currently typified by the Tea Party activists, is organizing, and they hate illegal immigration almost as much as they hate Obama. When they hear that the Supreme Court overruled Arizona’s righteous anti-immigration law, their reaction will be fast and sure.

They will absolutely lose their fucking shit.

So, what’s wrong with immigration checkpoints, anyway? Why is this such a big deal? Maybe you’re wondering why it’s such a terrible thing to just show your proof of citizenship should a police officer ask for one?

Let me paint a picture for you. Let’s say hi to Rich Weston, one of the greatest Americans I know. He was born in the UK, but worked hard and got his citizenship. Now, let’s say hi to Carlos Acosta. He’s dark skinned, English is his second language and speaks it with an accent, and was born in the Caribbean.

Rich won’t be stopped. Why? He’s white, affluent, and English. Carlos might though. Under this new law, a cop could stop him on the sidewalk and demand to see his papers. Oops, he left his wallet on his desk in the datacenter where he’s a highly paid consultant. The cop can then bring him in until his immigration status can be determined. They keep him in jail, but it’s Saturday night, and the judge doesn’t bang the gavel until Monday morning.

And we all know jail is an awesome place to spend the weekend.

Here’s the thing: Rich, while a citizen, was an immigrant. Carlos is latino, but was born in the Caribbean so… Oh, did I forget to mention? The Caribbean island he was born in was Puerto Rico, making him a natural born American citizen. So, oops. He gets to spend the weekend in jail because he looks like trouble.

If you like the Bill of Rights, you have to hate this law. It’s a totally reasonable thing to want this law rescinded, but we all have short attention spans and can’t be bothered to even be curious about Constitutional law. So, the mobilized and angry Tea Party will instead get figuratively up in arms about “activist judges” killing a perfectly reasonable law, and will only cement their view that the government doesn’t represent their views at all.

Failing to realize, of course, that they really do love the 4th amendment, and didn’t really want it marginalized. But by the time they elect the President they want, and he appoints the Supreme Court they want, it’ll be too late.

The elected Arizona legislature have to know that this law is unconstitutional. So, why bother making it law in the first place? Because they know the act of killing the law in the courts only improve their positions with conservatives. They’re either very clever political players, maneuvering the Obama administration into a difficult position, or they’re outrageously ignorant of our Constitution, and that scares me even more.

So, it’s a pickle! How to rightly kill this law without riling up the Teabaggers? Do we have the patience to teach them basic civics? Do they have the desire to learn it? Can this bell be un-rung?

Probably not.