Illinois law allowing non-citizen police may violate 14th Amendment

[johnwk]

Not only are you a communist but your language skills are almost 4th grade level.

"Privilege" in the case of a LEO is not that they're "privileged" to get a job but that the job carries certain "privileges" such as arrest authority, more liberal use of weapons, more liberal assault rules...

That you don't understand the differences in the word "privilege" as used in referring to the role of LE and privilege as in a "gift" of sorts may I suggest you return to school and learn the meaning of the words you use badly.

Is that your adolescent comment for the day, or is there more to come?

JWK

“There is no greater privilege than serving the people of New York City, and that privilege comes with a responsibility to keep yourself and your community safe," Mayor Bill de Blasio LINK

 

[Dadoalex]

Is that your adolescent comment for the day, or is there more to come?

JWK

“There is no greater privilege than serving the people of New York City, and that privilege comes with a responsibility to keep yourself and your community safe," Mayor Bill de Blasio LINK

Ohhhhhh

You're looking for adolescent comments?

I thought you were MAKING adolescent comments.

But I was wrong.
Based on your use of the language your comments are definitely pre-adolescent.

 

[johnwk]

Getting back to the subject of the thread, Chief Justice Burger, who delivered the majority opinion in Foley v Connelie, substantiates beyond any reasonable question why “. . . citizenship may be a relevant qualification . . . ,‘ in fulfilling "important nonelective executive, legislative, and judicial positions . . . " in our democratic system.

As one can see, Justice Burger goes on to point out:

“This is not because our society seeks to reserve the better jobs to its members. Rather, it is because this country entrusts many of its most important policy responsibilities to these officers, the discretionary exercise of which can often more immediately affect the lives of citizens than even the ballot of a voter or the choice of a legislator. In sum, then, it represents the choice, and right, of the people to be governed by their citizen peers.”

Although the question of being hired by the state as a police officer falls within the category of a privileged occupation, it was not a primary issue in Foley. But Burger’s fierce defense for New York excluding foreign nationals from being hired as police officers is a good indication if the question had been raised and litigated, he would have concluded such employment by the State does fall within a State’s created privileged occupations. As Justice Burger wrote:

“Clearly the exercise of police authority calls for a very high degree of judgment and discretion, the abuse or misuse of which can have serious impact on individuals. 7 The office of a policeman is in no sense one of “the common occupations of the community” that the then Mr. Justice Hughes referred to in Truax v. Raich, 239 U.S. 33, 41 (1915). A policeman vested with the plenary discretionary powers we have described is not to be equated with a private person engaged in routine public employment or other “common occupations of the community” who exercises no broad power over people generally. [435 U.S. 291, 299] Indeed, the rationale for the qualified immunity historically granted to the police rests on the difficult and delicate judgments these officers must often make.”

.The only remaining question is, does extending that privileged type of state employment to non-citizens, abridge a federally protected privilege of Citizens under the Fourteenth Amendment (“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”) who are actively pursuing that type of employment?

It seems to be a self-evident fact that, for every non-citizen hired by the State of Illinois as a police officer, there is one less employment opportunity for the citizens of Illinois to be hired as a police officer, thereby creating an abridgment of a state created privileged occupation for Illinois’ citizens.

 

[DigitalDrifter]

Just the idea of someone who is NOT a citizen telling me how to drive, or giving me a ticket, or whatever the situation is, just pisses me off to even think about it.
I would want to shove his baton down his throat. This is our country, and someone who is not a citizen should not have any authority here whatsoever!

 

[Unkotare]

Just the idea of someone who is NOT a citizen telling me how to drive, or giving me a ticket, or whatever the situation is, just pisses me off to even think about it.
I would want to shove his baton down his throat. This is our country, and someone who is not a citizen should not have any authority here whatsoever!

You think you would know the immigration status of the police officer who pulled you over? Do you think they will be wearing a special sash or something?

 

[johnwk]

You think you would know the immigration status of the police officer who pulled you over? Do you think they will be wearing a special sash or something?

The poster was expressing the idea of a foreigner exercising authority over an American citizen is revolting.

 

[Curried Goats]

Just the idea of someone who is NOT a citizen telling me how to drive, or giving me a ticket, or whatever the situation is, just pisses me off to even think about it.
I would want to shove his baton down his throat. This is our country, and someone who is not a citizen should not have any authority here whatsoever!

How are you dumb Bingos going to be able to tell citizens from non citizens? Racism?

 

[johnwk]

How are you dumb Bingos going to be able to tell citizens from non citizens? Racism?

What does that have to do with hiring foreigners as police, arming them and allowing them to police American citizens?

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." ___ Justice Story

 

[Curried Goats]

What does that have to do with hiring foreigners as police, arming them and allowing them to police American citizens?

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." ___ Justice Story

Who is saying spend will be admitted to enjoy all rights? Your argument has gone from stretch to strawman.

 

[SamInAZ]

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Foley v Connelie, mentioned above in the thread, already lays out the argument that employment by a state as a police officer falls within the category of a privileged type of State employment. The only remaining question is, does extending that privileged type of state employment to non-citizens, abridge a federally protected privilege of Citizens under the Fourteenth Amendment (“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”) who are actively pursuing that type of employment?

It seems to be a self-evident fact that, for every non-citizen hired by the State of Illinois as a police officer, there is one less employment opportunity for the citizens of Illinois to be hired as a police officer, thereby creating an abridgment of a state created privileged occupation for Illinois’ citizens.

JWK
“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." ___ Justice Story

How are you dumb Bingos going to be able to tell citizens from non citizens? Racism?

Heavy accent would probably give it away. Regardless of race.

 

[Curried Goats]

Heavy accent would probably give it away. Regardless of race.

Because citizens can't have accents? Everyone in my family has a Jamaican accent and we're all citizens.

 

[SamInAZ]

Because citizens can't have accents? Everyone in my family has a Jamaican accent and we're all citizens.

They can, but most cops don't.

 

[SamInAZ]

Because citizens can't have accents? Everyone in my family has a Jamaican accent and we're all citizens.

They can, but most cops don't.

 

[Curried Goats]

They can, but most cops don't.

Let's leave aside the fact that white people do have accents (my white relatives from Chicago don't sound like my white relatives from West Virginia or my white relatives from Texas), that's only because white people are the majority. Here down in Broward country where we are a minority majority city most of the cops have either Spanish or Caribbean accents.

 

[SamInAZ]

Let's leave aside the fact that white people do have accents (my white relatives from Chicago don't sound like my white relatives from West Virginia or my white relatives from Texas), that's only because white people are the majority. Here down in Broward country where we are a minority majority city most of the cops have either Spanish or Caribbean accents.

Why even bring up American regional accents? Americans can recognize those, though I admit I can hardly tell the difference between a Boston, Rhode Island & a Brooklyn accent. I seriously doubt most of the cops have spanish or carribean accents out there. A lot might, but I doubt it is the majority. I am hispanic myself, so I know a spanglish accent from a recent immigrant one.

 

[Curried Goats]

Why even bring up American regional accents? Americans can recognize those, though I admit I can hardly tell the difference between a Boston, Rhode Island & a Brooklyn accent. I seriously doubt most of the cops have spanish or carribean accents out there. A lot might, but I doubt it is the majority. I am hispanic myself, so I know a spanglish accent from a recent immigrant one.

I encourage all you Bingos to question the authority of any police officers you encounter and suspect might not be a citizen. Please don't forget to report back how that worked out for you.

 

[SamInAZ]

I encourage all you Bingos to question the authority of any police officers you encounter and suspect might not be a citizen. Please don't forget to report back how that worked out for you.

First off, I don't live in Illinois, I live in Arizona. Second, this won't happen in Illinois..on the slight chance that it does, it will go to the supreme court & be ruled unconstitutional.
Sorry to break it to you, bumbaclot.

 

[Curried Goats]

First off, I don't live in Illinois, I live in Arizona. Second, this won't happen in Illinois..on tbe slight chance that it does, it will go to the supreme court & be ruled unconstitutional.
Sorry to break it to you, bumbaclot.

You're not breaking anything you dumb Bingo. You're engaging in hilarious lawyer cosplay.

 

[SamInAZ]

You're not breaking anything you dumb Bingo. You're engaging in hilarious lawyer cosplay.

Are you a lawyer?

 

[Curried Goats]

Are you a lawyer?

No but I can recognize reality. When you have actual statements from the Supreme Court to point to let me know, otherwise you're literally doing cosplay.