Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: conservative98
Trump’s first SCOTUS pick gave a HUGE gift to the open-borders crowd.

Bullcrap. A Constitutionalist judge will sometimes return a ruling we don't like politically, such as in this case when the law is poorly written. You might like the end results of what that law intended, but due process still needs to be observed, lest we get another version of civil asset forfeiture.

8 posted on 04/18/2018 9:08:36 PM PDT by dirtboy
[ Post Reply | Private Reply | To 1 | View Replies ]


To: dirtboy
>> Bullcrap. A Constitutionalist judge will sometimes return a ruling we don't like politically <<

Bullcrap. Justice Scalia was on the court for three decades and issued thousands of rulings in that time. Name one time Justice Scalia was the LONE GOP judge to vote with the Ginsburg-Breyer-Kagan-Sotomayor wing of the court because of "constitutional" reasons due to his "textualist" philosophy of the way a law was written.

And the ruiling you guys keep citing had an overwhelmingly 8-1 majority agreeing it was vaguely written, rather than all the Democrats judges + 1 maverick GOP judge.

12 posted on 04/18/2018 9:15:22 PM PDT by BillyBoy (States rights is NOT a suicide pact.)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: dirtboy
A Constitutionalist judge will sometimes return a ruling we don't like politically, such as in this case when the law is poorly written.

No one seems to be listening to Daniel Horowitz who explained to Mark Levin the wrongheadedness of the Gorsuch decision. Which is predicated on the erroneous assumption that deportation is "punishment" and therefore the "law" needs to be specific as to when and where it can be applied so therefore it is "vague" as presently written. This is false reasoning. The law is NOT poorly written.

This jurisprudential "shift" provides illegals and the legal industry supporting them enormous new rights under "due process" which applies to CRIMINAL law--but NOT to IMMIGRATION law.

Deportation is NOT a punishment. Deportation is an EXTENSION OF SOVEREIGNTY, the constitutional right of a people to determine for themselves who they are and who can enter the country, who can stay and who must go.

Gorsuch opened a terrible can of worms by in essence requiring the criminalization of immigration statutes, which were never intended to be subject to due process requirements.

And that is very dangerous for American citizens because it conveys to non-citizen aliens immediate due process rights in immigration law which the constitution never intended them to possess. This is a very dangerous transmutation of intent and power in America--or what is left of it.

41 posted on 04/18/2018 10:21:32 PM PDT by 4Runner
[ Post Reply | Private Reply | To 8 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson