Here is the full text of the complaint. Dive in if you can stomach it. It lends credence to Martin Luther's "Reason is a whore." But these days, with the upgrading of prostitutes to 'sex workers,' the saying should go, 'Reason is a lawyer.' Pay them enough, and they will argue anything.
The complaint alleges that S.B. 1070 violates the Supremacy Clause (article VI, paragraph 2) of the U. S. Constitution. How's that for a legal stretch? Said clause reads as follows:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding. U.S. Const. art. VI, Paragraph 2.
Under the Supremacy Clause, everyone must follow federal law in the face of conflicting state law. It has long been established that "a state statute is void to the extent that it actually conflicts with a valid federal statute" and that a conflict will be found either where compliance with both federal and state law is impossible or where the state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Edgar v. Mite Corp., 457 U.S. 624, 631 (1982).
Since 1070 essentially mirrors Federal immigration law, I suppose the argument will not be that 1070 is in conflict with Federal law but that its enforcement will somehow interfere with the enforcement of Federal law. Good luck with that, government shysters.
I've often wondered about the etymology of 'shyster.' From German scheissen, to shit? That would fit well with the old joke, "What is the difference between a lawyer and a bucket of shit?' "The bucket." I am also put in mind of scheusslich: hideous, atrocious, abominable. Turning to the 'shyster' entry in my Webster's, I read, "prob. fr. Scheuster fl. 1840 Am. attorney frequently rebuked in a New York court for pettifoggery."
According to Robert Hendrickson, Encyclopedia of Word and Phrase Origins, p. 659:
Shyster, an American slang term for a shady disreputable lawyer, is first recorded in 1846. Various authorities list a real New York advocate as a possible source, but this theory has been disproved by Professor Gerald L. Cohen of the University of Missouri-Rolla, whose long paper on the etymology I had the pleasure of reading. Shakespeare's moneylender Shylock has also been suggested, as has a racetrack form of the word shy, i.e., to be shy money when betting. Some authorities trace shyster to the German Scheisse, "excrement," possibly through the word shicir, "a worthless person," but there is no absolute proof for any theory.
A little further research reveals that Professor Cohen's "long paper" is in fact a short book of 124 pages published in 1982 by Verlag Peter Lang. See here for a review. Cohen argues that the eponymous derivation from 'Scheuster' that I just cited from Webster's is a pseudo-etymology. 'Shyster' no more derives from 'Scheuster' than 'condom' from the fictious Dr. Condom. Nor does it come from 'Shylock.' It turns out my hunch was right. 'Shyster' is from the German Scheisser, one who defecates.
The estimable and erudite Dr. Michael Gilleland, self-styled antediluvian, bibliomaniac, and curmudgeon, who possesses an uncommonly lively interest in matters scatological, should find all of this interesting. I see that the ASU library has a copy of Gerald Leonard Cohen's Origin of the Term "Shyster." Within a few days it should be in my hands.
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