Due Process??

[Edgetho]

The OP said there should be no hearing. I think that should be a problem.

This is where Court-Made Law becomes a problem.

If we intercept an illegal on the bank of American side of the Rio Grande, does that person get 'Due Process' or can we just turn him/her back?

How about Mid-River? How far Inland do they have to go before we can't turn them back anymore? Ten feet? Ten Miles? How long do they have to be here before they are entitled to due process? Ten seconds? Ten minutes? Ten Years?

The Judiciary in this Country has lost sight of its duties to the American People and now seems to be more interested in serving itself.

And, OBTW, if the Legislative Branch is too gutless to pass laws governing -- Whatever, it is NOT the job of the Judiciary to step in and make shit up out of whole cloth. That is going on way, way WAY too much.

When they gave them that Black Robe, nobody said it woud be easy.

 

[sartre play]

While I kinda sorta generally agree, I have to toss in a qualifier or two.

Person A gets arrested in an Attempt ICE sweep. He says, “but but but, you can’t deport me anywhere! I’m an America can citizen!”

Minimally, the process which is due to him requires that our government establish (very well) that he is actually an alien (as well as being an alien who is subject to our deportation laws).

THANKS...Reasonable thinking,
Just one actual AMERICAN thrown out is a bad deal.
much less the 1%+ numbers some are saying is closer too correct.
yes We need to do something about immigration,
Some care & thought needs to be included.

 

[task0778]

If we intercept an illegal on the bank of American side of the Rio Grande, does that person get 'Due Process' or can we just turn him/her back?

How about Mid-River? How far Inland do they have to go before we can't turn them back anymore? Ten feet? Ten Miles? How long do they have to be here before they are entitled to due process? Ten seconds? Ten minutes? Ten Years?

I got no answer for that.

And, OBTW, if the Legislative Branch is too gutless to pass laws governing -- Whatever, it is NOT the job of the Judiciary to step in and make shit up out of whole cloth. That is going on way, way WAY too much.

True. But the same should be true of the president, he shouldn't be able to make shit up either. You're right, it's a tough job for the courts to decide what the best decision is. And Congress is gutless, has been for some time now.

 

[buttercup]

I have some reservations about the absence of due process. What if the ICE guys or whoever grabs the wrong guy? What if the information on the guy is incorrect, what if he's a solid guy with a job and a family, should we treat him the same as a gangbanger? Or what if the person is actually here legally or in the process of being legalized? I'm all for removing the people that don't deserve to stay here, lawbreakers and troublemakers should go 1st. These guys probably already have a rap sheet of somethings they've done after they got here. I just want to make sure the guy we kick out is the right guy.

THANK YOU for not being a complete idiot. A couple of you on this thread restored my faith in humanity. haha

 

[Edgetho]

I got no answer for that.

I appreciate the honesty. I, also, have no answer

True. But the same should be true of the president, he shouldn't be able to make shit up either. You're right, it's a tough job for the courts to decide what the best decision is. And Congress is gutless, has been for some time now.

I disagree with you strongly on this one. It is the President's job to 'make shit up'. That is the description of an Executive..

IIn the Political Arena, it is NOT the Court's job to make pro-active decisions. It just isn't. The Court's job is to be RE-actionary, not active. The Court's job is to interpret the Law, to apply the Law and, rarely, to correct bad law.

The President's job is the opposite. He, and someday, She, have a totally different outlook on wielding the power We The People give him. He can annihilate entire regions (ask the Houthis) without consulting the Legislaive Branch and certainly not the Judicial Branch (who have no, ZERO, say about Foreign Policy)

I'm saying that most people don't understan the role of the three Branches of government. And neither does the Judiciary. They are supposed to be out of the loop. They are supposed to be totally and completely apolitical.

Lately, they want to be Players and that's not their role. When they interfere, it screws up everything

 

[Dragonlady]

Due process, for what? Telling an illegal immigrant they are not welcome and escorting them out of the country is not in any way, shape, or form worthy of due process.

If they are not charged with anything, they should be able to be escorted out without any type of hearing.

These people are NOT illegal immigrants. They are all in the USA legally, many of them were awaiting immigration hearings when their visas were revoked without notice.

You don't get to throw people out just because you don't like the colour of their skin, their religion or their nation of origin.

 

[g5000]

Due process, for what? Telling an illegal immigrant they are not welcome and escorting them out of the country is not in any way, shape, or form worthy of due process.

If they are not charged with anything, they should be able to be escorted out without any type of hearing.

Let's hope you are not reborn as a refugee fleeing for your life and some dickweed turns you away from safety without so much as a hearing.

Asshole.

 

[BrokeLoser]

Let's hope you are not reborn as a refugee fleeing for your life and some dickweed turns you away from safety without so much as a hearing.

Asshole.

There are no refugees from Mexico.

 

[task0778]

I disagree with you strongly on this one. It is the President's job to 'make shit up'. That is the description of an Executive..

Everything any president does must have a basis in law. Period. Every action he takes is ALWAYS rooted in law, sometimes going back centuries but nonetheless. He does NOT get to make shit up.

IIn the Political Arena, it is NOT the Court's job to make pro-active decisions. It just isn't. The Court's job is to be RE-actionary, not active. The Court's job is to interpret the Law, to apply the Law and, rarely, to correct bad law.

True. The same thing is also true for the president, he can interpret the law and apply that interpretation but that is subject to court review when challenged. Sometimes he wins and sometimes he loses and that is the case for every president.

I'm saying that most people don't understan the role of the three Branches of government. And neither does the Judiciary. They are supposed to be out of the loop. They are supposed to be totally and completely apolitical.

True, but as we know that has not been the case for a long time.

 

[Edgetho]

Everything any president does must have a basis in law. Period. Every action he takes is ALWAYS rooted in law, sometimes going back centuries but nonetheless.

Complete and utter nonsense. Which is why it so important to elect someone who can be trusted. No law can stop a President, to believe that is childish. The President answers to no one except to The People and, occasionally, to Congress.
If it is important for you to believe the Fairy Tale you just mentioned, go for it. But it is not reality.

He does NOT get to make shit up.

Yes, Virginia. He does. That's his job.

If it is wrong, Congress can call him to task over it. The People can call him out. But not the Judiciary. The Judiciary is seriously over-stepping its authority.

I did a post some days ago about the Myth of Co-Equal Branches of government. It is a Myth. The Legislative and the Executive are close in power but even they pale in comparison to the Executive. The Judiciary has no power other than writing sternly-worded Rulings. They can't enforce them unless they ask the Executive, nicely, to do it for them.

There are three 'functions' of government as delineated in the Consitution but that doesn't mean, by any stretch, that they are equal. They are not. Not even close.

It used to be that the Judiciary accepted that and was comfortable with it, but now it seems everybody wants to be a player. And it's always The Usual Suspects -- dimocraps.

 

[task0778]

Complete and utter nonsense. Which is why it so important to elect someone who can be trusted. No law can stop a President, to believe that is childish. The President answers to no one except to The People and, occasionally, to Congress.
If it is important for you to believe the Fairy Tale you just mentioned, go for it. But it is not reality.

Yes, Virginia. He does. That's his job.

If it is wrong, Congress can call him to task over it. The People can call him out. But not the Judiciary. The Judiciary is seriously over-stepping its authority.

I did a post some days ago about the Myth of Co-Equal Branches of government. It is a Myth. The Legislative and the Executive are close in power but even they pale in comparison to the Executive. The Judiciary has no power other than writing sternly-worded Rulings. They can't enforce them unless they ask the Executive, nicely, to do it for them.

There are three 'functions' of government as delineated in the Consitution but that doesn't mean, by any stretch, that they are equal. They are not. Not even close.

It used to be that the Judiciary accepted that and was comfortable with it, but now it seems everybody wants to be a player. And it's always The Usual Suspects -- dimocraps.

The authority of executive orders is not final. Federal courts can be called on to review an orders’ lawfulness and determine whether it is a valid exercise of the president’s power. No president can issue an order that contradicts or violates the Constitution, federal laws or Americans’ fundamental rights.

Courts have struck down executive orders in many instances — such as in Trump’s first term, when a federal appeals court determined that the Trump administration did not have the authority to issue an executive order withholding federal funding from “sanctuary cities” and upheld Congress’ constitutional power to set the rules for federal grants.

Executive orders have a significant place in the American presidency — but unchecked abuses of this authority could further undermine the rule of law that protects our democratic system of self-governance. Judicial review has been a critical check on preventing this type of presidential overreach.

What Are Executive Orders and How Do They Work?

The president is not a king nor dictator, and executive orders are not a blank check for the president to exercise his will without Constitutional checks and balances.

campaignlegal.org

I thought everyone knew that the authority to make laws rests solely with Congress. Again, the president cannot make shit up, he can act on existing federal law but he can't do as he pleases. The president is supposed to faithfully execute federal laws passed by Congress and signed by a president. And that's it.

 

[80zephyr]

These people are NOT illegal immigrants. They are all in the USA legally, many of them were awaiting immigration hearings when their visas were revoked without notice.

You don't get to throw people out just because you don't like the colour of their skin, their religion or their nation of origin.

Biden issued thousands of these green cards, etc., thru executive order. If they can be created by an executive order, they can be repealed in the same manner.

As to your second comment, I say bullshit. A person can be against immigration without being prejudiced against someone. In my extended family, I have Mexicans and El Salvadorans, so...spare me.

 

[80zephyr]

Let's hope you are not reborn as a refugee fleeing for your life and some dickweed turns you away from safety without so much as a hearing.

Asshole.

Please. Most come here looking for work. Why is it that other countries have to be a "safety valve" for county's that can't fix their own problems? Maybe its time these places figured out what to do rather than rely on us to take care of their problems?

 

[Edgetho]

The authority of executive orders is not final. Federal courts can be called on to review an orders’ lawfulness and determine whether it is a valid exercise of the president’s power. No president can issue an order that contradicts or violates the Constitution, federal laws or Americans’ fundamental rights.

Courts have struck down executive orders in many instances — such as in Trump’s first term, when a federal appeals court determined that the Trump administration did not have the authority to issue an executive order withholding federal funding from “sanctuary cities” and upheld Congress’ constitutional power to set the rules for federal grants.

Executive orders have a significant place in the American presidency — but unchecked abuses of this authority could further undermine the rule of law that protects our democratic system of self-governance. Judicial review has been a critical check on preventing this type of presidential overreach.

What Are Executive Orders and How Do They Work?

The president is not a king nor dictator, and executive orders are not a blank check for the president to exercise his will without Constitutional checks and balances.

campaignlegal.org

I thought everyone knew that the authority to make laws rests solely with Congress. Again, the president cannot make shit up, he can act on existing federal law but he can't do as he pleases. The president is supposed to faithfully execute federal laws passed by Congress and signed by a president. And that's it.

I'm talking reality and you're talking theory.

POTUS has the FBI, the US Marshals' Service, The United States Army, Navy, Marines and Air Force while the Judiciary has their collectives dicks in their hands.

If POTUS chooses to ignore SCOTUS, WTF are they gonna do about it? Write him a sternly worded letter?

Do you recall reading about what SCOTUS did to Andrew Jackson when he told them to stuff their silly-assed ruling re: The Cherokee Nation? Remember what they did? I do.

Nothing.

Because the Judiciary has no power. If our Founders had meant for the Judiciary to have any power, they would have given them the means to enforce their decisions.

The Judiciary is all bluff. They can't enforce -- shit.

Federal Judge Orders Astronauts Be Returned To Space Station​

The Judiciary is being reduced to a Bad Joke; and you know what? They deserve it. They brought it on themselves by giving themselves powers they just don't have. By making decisions they don't have the right to make.

And your opinions are all derived from -- Judicial Opinions. Not from the Constitution, not from legislative laws written by Congress and signed by POTUS....... Court-Made Law. And that is -- Shit.

The world is changing drastically. I hope it's for the better. Either way, clinging to old myths and beliefs will accomplish nothing

 

[d0gbreath]

If I post something derogatory about our king here, or on any social media platform, off to CERCOT I go. You do not have to be here illegally.

 

[task0778]

Reality? You wanna talk about reality? Do you really think Trump or any other president would resort to using the military, FBI, etc, to ignore SCOTUS rulings and do as he pleases? That is about as far from ever being a reality as I can imagine in this country.

For sure the SCOTUS has no enforcement authority. But you know what, they don't need it cuz we are a nation of laws and ultimately they decide what the law says. What are you implying, that Trump would destroy our gov't and declare himself dictator and then make up his own laws? You think that could be a reality? Make shit up and ignore the Courts when they rule against him?

 

[konradv]

Due process, for what? Telling an illegal immigrant they are not welcome and escorting them out of the country is not in any way, shape, or form worthy of due process.

If they are not charged with anything, they should be able to be escorted out without any type of hearing.

They’re being charged with being here illegally, genius!

 

[Billiejeens]

Trump is sending people to a gulag in El Salvador.

That’s what the due process is for.

to get them there more quickly?

 

[80zephyr]

They’re being charged with being here illegally, genius!

Thats my point. Just walk them back across the border. Don't charge them with anything.

 

[fncceo]

Trump is sending people to a gulag in El Salvador.

That’s what the due process is for.

Au contraire. He sent them to El Salvador.

The Salvadorans decided where to put them next.