Granting Illegal Aliens a Pre Deportation Hearing TRANSGRESSES Upon the Constitution's Preamble

[Contumacious]

Rediscovering the Preamble’s Role in Constitutional Interpretation​

This article explores how the Preamble to the Constitution (Preamble) would have been viewed when it was drafted by looking at how preambles were used in America in the seventeenth and eighteenth centuries. It offers the first comprehensive look at how preambles were viewed by lawyers, judges, politicians, and the public in the years before the Constitution was ratified. It demonstrates that courts’ modern treatment of the Preamble is at odds with its original meaning. Eighteenth-century Americans viewed the Preamble as an important tool for understanding and interpreting the Constitution. They would have expected courts to interpret the Constitution’s terms to be consistent with the purposes expressed in the Preamble. Moreover, there is evidence from both judicial decisions and public discourse that members of the public would have expected the Preamble to be used to limit or expand the scope of specific terms of the Constitution if that was necessary to achieve the purposes set out in the Preamble. This means that the way that courts use the Preamble today is at odds with its original meaning. To give the Constitution its original meaning, we must interpret the Constitution’s provisions in light of the purposes identified in the Preamble. For those judges and scholars who are originalists, this may require a shift in how they interpret the Constitution.

Preambles Before the Preamble: Rediscovering the Preamble’s Role in Constitutional Interpretation

This article explores how the Preamble to the Constitution (Preamble) would have been viewed when it was drafted by looking at how preambles were used in America in the seventeenth and eighteenth centuries. It offers the first comprehensive look at how preambles were viewed by lawyers, judges...

brooklynworks.brooklaw.edu

 

[Mac-7]

Its just a stalling tactic by open borders America Last libs

 

[Contumacious]

Its just a stalling tactic by open borders America Last libs

The U.S. Constitution: Preamble​

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The U.S. Constitution: Preamble

The preamble sets the stage for the Constitution. It is an introduction to the highest law of the land; it is not the law. It communicates the intentions of the framers and purpose of the document.

www.uscourts.gov

 

[Mac-7]

The U.S. Constitution: Preamble​

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The U.S. Constitution: Preamble

The preamble sets the stage for the Constitution. It is an introduction to the highest law of the land; it is not the law. It communicates the intentions of the framers and purpose of the document.

www.uscourts.gov

Yeah, so?

 

[Contumacious]

Yeah, so?

Have the Socialist Demon Rats ENSLAVED yoir mind that much ?

 

[Mac-7]

Have the Socialist Demon Rats ENSLAVED yoir mind that much ?

No, but if you have a point to make lets hear it and I might even agree with you

 

[Blaster]

All these illegals can be deported with no hearing. The courts can't force the government to have them.

 

[Contumacious]

No, but if you have a point to make lets hear it and I might even agree with you

We the People of the United States, adopted the Constitution in Order to

1- form a more perfect Union, establish Justice
,2- insure domestic Tranquility, provide for the common defense,
3- promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,

I don't see how you are missing the point

 

[Crepitus]

Granting Illegal Aliens a Pre Deportation Hearing TRANSGRESSES Upon the Constitution's Preamble​

Which many many republicans have told me isn't really a part of the constitution when it says "promote the general welfare".

Hypocritical much?

 

[d0gbreath]

"Insure domestic tranquility" has sure been a swing and a miss.

 

[Contumacious]

Rediscovering the Preamble’s Role in Constitutional Interpretation​

This article explores how the Preamble to the Constitution (Preamble) would have been viewed when it was drafted by looking at how preambles were used in America in the seventeenth and eighteenth centuries. It offers the first comprehensive look at how preambles were viewed by lawyers, judges, politicians, and the public in the years before the Constitution was ratified. It demonstrates that courts’ modern treatment of the Preamble is at odds with its original meaning. Eighteenth-century Americans viewed the Preamble as an important tool for understanding and interpreting the Constitution. They would have expected courts to interpret the Constitution’s terms to be consistent with the purposes expressed in the Preamble. Moreover, there is evidence from both judicial decisions and public discourse that members of the public would have expected the Preamble to be used to limit or expand the scope of specific terms of the Constitution if that was necessary to achieve the purposes set out in the Preamble. This means that the way that courts use the Preamble today is at odds with its original meaning. To give the Constitution its original meaning, we must interpret the Constitution’s provisions in light of the purposes identified in the Preamble. For those judges and scholars who are originalists, this may require a shift in how they interpret the Constitution.

Preambles Before the Preamble: Rediscovering the Preamble’s Role in Constitutional Interpretation

This article explores how the Preamble to the Constitution (Preamble) would have been viewed when it was drafted by looking at how preambles were used in America in the seventeenth and eighteenth centuries. It offers the first comprehensive look at how preambles were viewed by lawyers, judges...

brooklynworks.brooklaw.edu

Numerous Supreme Court Cases have stated that the Preamble must be fully considered when interpreting the Constitution ,

The Original Meaning of the duty to Promote the General Welfare , 59 Willamette Law Review 265, 267 (2023)



.

 

[BrokeLoser]

"Insure domestic tranquility" has sure been a swing and a miss.

The Constitution is a guideline to be followed….These days we have too many people on our soil who just don’t allow the Constitution to work.

 

[BrokeLoser]

Which many many republicans have told me isn't really a part of the constitution when it says "promote the general welfare".

Hypocritical much?

The keyword is general…All WELFARE must benefit the general public…paying Guadalupe to smoke weed and run a baby factory offers no benefit to the general public.

Thread 'What did our founders really mean when they said “general welfare”?'

Oct 25, 2018

If you voted for Trump there’s a good chance you’re a lot like me with regard to why....I voted for him on two policies almost exclusively...First and foremost on how he would deal with illegal Mexicans and the border and second on how he would yank lowlifes off the Democrat induced welfare plantation.
Anyhoo, as we approach the point where welfare reform will be visited I ask for your opinions on EXACTLY what you think our founders meant when they used the phrase “GENERAL WELFARE” in the constitution?

Attention all Smartest Guys In The Room, and legal scholars:
Please spare us the case...

• BrokeLoser
• Replies: 2,444
• Forum: US Constitution

• 

 

[ColonelAngus]

This was all by design from the Democrats.

Flood the USA WITH ILLEGALS.

CLOG THE COURTS.

GET A BUNCH OF THE ILLEGALS TO VOTE DEM….legally or illegally…..WHO GIVES A ****.

ID is racist…..illegals should vote for POTUS!

Just like I should sneak across the border and vote for Canadian Prime Minister and get free healthcare!

CANADIANS ARE RACIST FOR NOT LETTING ME VOTE FOR PRIME MINISTER AND GET FREE HEALTHCARE.

 

[Contumacious]

The Constitution is a guideline to be followed….These days we have too many people on our soil who just don’t allow the Constitution to work.
View attachment 1113063

The Constitution is the LAW OF THE LAND , Article VI, Clause 2 of the U.S. Constitution,

 

[Contumacious]

Which many many republicans have told me isn't really a part of the constitution when it says "promote the general welfare".

Hypocritical much?

In "U.S. Term Limits v. Thornton, 514 U.S. 779, 838 (1995)" Scotus stated

A]llowing individual States to craft their own qualifications for Congress would thus erode the structure envisioned
by the Framers, a structure that was designed, in the words of the Preamble to our Constitution,
to form a ‘more perfect Union.’”

So whoever told you that is full of shit - but as an American Citizen you should have known better

 

[Zincwarrior]

Its just a stalling tactic by open borders America Last libs

Due process is a real thing. In this case a simple hearing takes all of five minutes max. Again, we do arraignment hearings in just a minute and thats all thats really required to determine if they are who the government says they are, and confirm if they are not here legally.

 

[John Edgar Slow Horses]

The OP gives no convincing evidence for the prompt.

Mods, please close this thread.

 

[Lesh]

All these illegals can be deported with no hearing. The courts can't force the government to have them.

If the government wants to stay within the law and the bounds of the Constitution they sure do

 

[Lesh]

Due process means that the government has to prove they actually ARE illegal immigrants and that they have no justifiable claim to asylum.

Otherwise they could deport anyone they want. Anyone they simply don’t like.

You for instance