THIS IS A CONTINUATION OF POSTS 4572, 4581, 4585, 4597, AND 4603
I made a response to our resident troll on this thread, so I will not include it in the continuation of this discussion.
There are over 45,000 federal, state, county, and city statutes, ordinances, rules, regulations, edicts, case precedents, etc., etc. Still, most gun rights types know the difference between constitutional and unconstitutional gun control. Yet, unless you run into a
constitutionalist, you probably won't find people that will see not only gun control, but other back door attacks on the Constitution from angles you don't expect.
IN 1857, a case made it's way to the United States Supreme Court. It was the Dred Scott v Sanford case. It made plain that non-whites were not citizens and that the terminology in the Constitution applied to whites only... an area where we've already been. But, here is the $64,000 question: Since immigration isn't mentioned in the Constitution and citizenship isn't constitutionally defined by the founders, what were the limits of the federal government in he regulation of non-citizen foreigners? To answer that, let's see what's in the Constitution and what is not.
From the University of Minnnesota, Human Rights Library, there is this:
"
The Constitution does not, however, explicitly provide that the power to deny admission or remove non-citizens rests with the federal government as opposed to state governments. Hence, in the early immigration cases the Supreme Court faced the problem of identifying the source of the federal government's exclusive and plenary power over immigration. Later cases found the
plenary power to be an inherent sovereign power."
Chapter 2: The source and scope of the federal power to regulate immigration and naturalization
There is the bottom line to the constitutionalist's argument. The Constitution
does not give the federal government any power over non-citizens. The
Tenth Amendment clearly states:
"The
powers not delegated to the United States by the Constitution, nor prohibited by it to the states,
are reserved to the states respectively, or to the people."
So, HOW did the federal government usurp a Right of the states?
The aforementioned article answers that:
"...in the early immigration cases the Supreme Court faced the problem of identifying the source of the federal government's exclusive and plenary power over immigration. Later cases found the
plenary power to be an inherent sovereign power."
Whoa. Wait. The United States Supreme Court granted "plenary powers" to the federal government on WHOSE authority??? WHERE,
in the Constitution does the build the wall advocates find such a power? It is not there. See this link on "plenary power."
Plenary power - Wikipedia
From a
constitutionalist point of view, this is a dangerous precedent that will not stop with immigration. If the United States Supreme Court can claim a complete and absolute power, do you think that precedent is limited to telling a state who may come and go within its borders?
Let's look at the
RULING Heller decision regarding the Second Amendment:
"Like most rights, the Second Amendment right is not unlimited..."
District of Columbia v. Heller, 554 U.S. 570 (2008)
Since when was the Bill of Rights limited in scope? Does the Court believe that SOME Rights are unlimited, but others are not? Where did the United States Supreme Court get these magical powers to over-rule the Constitution? You cannot turn a blind eye to tyranny simply because YOU think YOU will benefit off it. There is NO power in the Constitution to tell states who they may and may not invite into their state. There is no mention of a "plenary power" and you have to be deaf, dumb, blind and stupid to think that if you allow an unelected body to have that kind "
exclusive" power over an area of law, they are NOT stopping with immigration. Look closely at Heller. They are rapidly moving in that direction with gun control and also with the Fourth Amendment, not to mention other areas of the law.
If you read the above quote, the law does not say anything about plenary powers being exclusive to immigration; they can be applied to anything the United States Supreme Court decides - AND THEY DO NOT HAVE THE CONSTITUTIONAL AUTHORITY TO DO IT. OTOH, if you allow them to establish that precedent, you are bound by it once it's YOUR Rights on the line.
So what legal and Constitutional credentials does
University of Minnnesot Human Rights Library carry that’s relevant to the discussion of Constitutional legitimacy of Immigration enforcment as it pertains to Constitutional law? Now listing the actual dictation views of a judge, with a proven strong educational and legal background for the rule of law, sitting on the United States Supreme Court would carry more weight than a someone with their own human rights agenda. Sorry to keep putting holes in your choice of unrelated and irrelevant “opinions”, as driven agendas differ from knowing and interpreting the ACTUAL rule of law.
You like to argue and even when the facts are laid on the table, you will still be lying to anyone who reads the facts. Sharpen your pencil asshole.
According to the New York Times:
"
Immigration courts operate within the Justice Department and are not part of the judicial branch, so Mr. Mukasey’s ruling has the effect of the highest immigration authority. Any challenge would have to take place in the federal appeals courts."
Ruling Says Deportation Cases May Not Be Appealed Over Lawyer Errors
Another article had this to say:
"Immigration courts have for decades operated under the premise that immigrants enjoy a constitutional right to effective counsel, immigration lawyers said. Criminal defendants whose lawyers fail to represent defendants at a basic level of competence may seek a new trial. Mukasey wrote that the US constitution affords a right to counsel, and hence a right to effective counsel, only in criminal matters. Immigration proceedings are civil matters, he wrote, and therefore that right does not apply"
Immigrants facing deportation have no right to an effective lawyer, attorney general declares
This is in reference to Mukasey's ruling as follows:
"In Matter of Compean, Attorney General Mukasey reexamined Lozada in light of the circuit split. See Compean, 24 I&N Dec. at 714-27. He first examined whether respondents have a constitutional right to effective assistance of counsel under either the Fifth or Sixth Amendment. In evaluating whether such a right exists under the Sixth Amendment, the Attorney General found that the Sixth Amendment right to effective assistance of counsel has no application to removal proceedings. Id. at 716-17."
25 I&N Dec. 1 (A.G. 2009)
https://www.justice.gov/sites/default/files/eoir/legacy/2009/07/24/vol3no3.pdf
Allow me to decipher this for you:
IF a foreigner makes it past the immigration authorities and IF that foreigner does not commit a Title 18 Crime, then they are
NOT criminals. Obama's Attorney General overturned Mukasey in part with the basic objection that the foreigners
LIBERTY was at stake - and that is a 14th Amendment guarantee to
ALL PERSONS.
That puts YOU on the left with your endless chatter like a monkey with a music box. The
United States Supreme Court confirmed what I've told you over and over and over again:
"it is not generally a crime for a removable alien to be present in the United States,"
Arizona v. United States, 567 U.S. 387 (2012)
Now, where did you see Wikipedia mentioned??? Now, remember we're talking about the
HIGHEST RANKING IMMIGRATION OFFICIAL IN THE UNITED STATES AND THE UNITED STATES SUPREME COURT.
Why stop there? Let's go back to what I told you earlier in this posting and let some personal experience speak to you. Let's hear what the HEAD of the Dept. of Homeland ((N) Security said:
“And yes, when we find illegal workers, yes, appropriate action, some of which is criminal, most of that is civil, because
crossing the border is not a crime per se. It is civil.
Read Newsmax:
DHS Chief Napolitano: Illegal Immigration Is Not a Crime | Newsmax.com
Are you seeing Wikipedia or are you fantasizing about how great you are?
Let's go to Trump's own attorney. What did HE say... this is Trump's own attorney:
No Wikipedia there sport.
Let's ask ANOTHER Trump confidant and supporter. Let us ask Chris Christie. This is what he says:
"U.S. Attorney Christopher Christie surprised many at a Dover church public forum when he said sneaking into the United States is not a criminal act.
"Being in this country without proper documentation is not a crime," Christie told more than 60 residents and town officials. "The whole phrase of 'illegal immigrant' connotes that the person, by just being here, is committing a crime."
Being undocumented may be a civil wrong, but it's not a criminal act, Christie said.
"Don't let people make you believe that that's a crime that the U.S. Attorney's Office should be doing something about," he added of entering the country illegally. "It is not."
Chris Christie On Illegal Immigration
I still aint seeing no Wikipedia
Now, I'm showing you how you're being played. Watch Chris Christie backpedal on this to win your support AND shoot you a line of shit, letting the left know that he's still with them on this:
"he (Christie) was later asked a hypothetical question about someone sneaking across the border and said that's not a crime either. Is that true, too?
A: No. "Improper entry by an alien" as it is called,
is a violation of Title 8 of the U.S. criminal code punishable by a fine of between $50 and $250 and/or a maximum of six months in jail."
Christie clarifies: 'Illegal' immigrants are in civil violation
Did you see how Christie played you? The liberals caught what he was doing and you can't see it, so allow me.
TITLE 8 OF THE UNITED STATES CODE IS NOT THE CRIMINAL CODE.
Title 8 is a
civil section of the law dealing with Aliens and Nationality.
Title 18 (EIGHTEEN) is the Criminal Code. Christie was a former United States Attorney, not a freaking first year law student. Go back to the Attorney General Michael Mukasey's ruling... this is civil law so the "solutions" you seek as if regression is a solution) won't fly in the long run.
U.S. Code: Table Of Contents
If you look at the history of the people whose bullshit you're buying isn't crystal clear to you by now, you should not engage in this conversation. You'd only embarrass yourself. Those political propaganda prostitutes are selling you a pig in a poke in order to introduce you to a NEW WORLD ORDER / ONE WORLD GOVERNMENT. The wall itself is about to cost you your gun Rights right off the bat.
STILL NO WIKIPEDIA HERE, SON. Just sharing with you some early experiences that I didn't need links to.