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Foxnews’ Judge Napolitano ignores constitutional limits in immigration/refugee debate!
11/27/15 | johnwk

Posted on 11/27/2015 9:17:06 AM PST by JOHN W K

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1 posted on 11/27/2015 9:17:06 AM PST by JOHN W K
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To: JOHN W K

Your conclusion says it all.


2 posted on 11/27/2015 9:23:11 AM PST by AmericanInTokyo ("Every man has his price." If GOPe can't beat him in opinion polls they will eventually co-opt Trump)
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To: JOHN W K

This is some dumb sh*t. So if you consider it “humanitarian” to allow some sexual deviant who is not allowed to wear a dress in his own country into America, the deviant should become the problem of the American people? What the hell kind of country allows other people’s garbage to be dumped on them.


3 posted on 11/27/2015 9:30:37 AM PST by FlingWingFlyer (Who is fact checking the state controlled, leftwing media's fact checkers?)
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To: JOHN W K

Napolitano isn’t wrong on many things, but this time....


4 posted on 11/27/2015 9:34:00 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: JOHN W K

What specific authority does Judge Hair Club for Men cite?

This?
https://www.fas.org/sgp/crs/natsec/98-505.pdf

How is this an “emergency for the US” so that Obama can bootstrap (purported) authority given to Bush II to address the problem he created just as Obama gave us the wonder known as `Arab Spring’?

It would seem to me that bringing in these desperate ingrates would create countless emergencies down the road for us, or for or children ... who I imagine should be cursing us daily for our fecklessness in allowing our government to run roughshod while ignoring its salient duty to protect the several states from invasion, in fact, facilitating that invasion.


5 posted on 11/27/2015 9:40:24 AM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: JOHN W K

A great many of Americas ‘judges’ are ignoring the law as written these days in order to promote their own personal prejudices.

But, then, Obama has taken the lead in ignoring the constitution, so they are only following suit.


6 posted on 11/27/2015 9:42:40 AM PST by Jack Hammer
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To: JOHN W K

political asylum and humanitarian purposes....
SO..... WHY NO/FEW CHRISTIANS WHO ARE LEGIT SEEKERS...???
AS OPPOSED TO THE ISIS / SUNI MOSLEMS... WHAT ARE THEY FLEEING? THEMSELVES...???
no, they are following imam’s instructions to migrate and conquer
WE ARE FOOLS TO LET THEM IN....98% DONT WANT THEM
but the muzzle in chief does....


7 posted on 11/27/2015 9:45:21 AM PST by zzwhale
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To: All

No sane country would give unlimited power to any branch of government especially to the executive branch. The Executive branch with unlimited power to decide who immigrates to this country, how many and from where is dictatorial and tyrannical.
That being said from a practical matter we are a debtor nation thanks in large part to Obama over the past seven years and this country cannot afford to borrow the necessary billions to pay for these refugees. More importantly no one knows for sure who these refugees are and many may be terrorists. Americans do not have to be put at risk. These refugees have no government records and no databases with their backgrounds. They cannot be vetted.
We the people have no obligation to allow anyone into this country. It is up to the people through their duly elected representatives as to whether they approve of any immigration policy.
The best solution has been mentioned by candidates during the Presidential campaign. Safe zones should be set up in Iraq and Syria to protect the refugees. We can provide military, housing, medical and food assistance along with our coalition partners. A no fly zone can be established over the safe zone. After the conflict subsides the refugees can then go back home to a safe environment.
This solution makes sense and is a humanitarian.


8 posted on 11/27/2015 10:03:00 AM PST by orinoco (Orinoco)
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To: orinoco
He was a State Judge in New Jersey

No legal mind

9 posted on 11/27/2015 10:04:12 AM PST by scooby321
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To: JOHN W K

Interesting history.


10 posted on 11/27/2015 10:04:19 AM PST by TBP (Nous sommes tout Francais.)
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To: tumblindice

[[who I imagine should be cursing us daily for our fecklessness in allowing our government to run roughshod while ignoring its salient duty to protect the several states from invasion, in fact, facilitating that invasion.]]

Those same children also will not mount an armed rebellion against it either- so yeah- we’re where we’re at and that is that


11 posted on 11/27/2015 10:09:04 AM PST by Bob434
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To: orinoco

[[No sane country would give unlimited power to any branch of government especially to the executive branch.]]

Which is why the current executive power simply took it, knowing full well there was no one with spine enough to stop him

[[Americans do not have to be put at risk.]]

Nope, we don’t have to, but who’s going to organize the proper ‘protest’ to stop it?

[[The best solution has been mentioned by candidates during the Presidential campaign. Safe zones should be set up in Iraq and Syria to protect the refugees. We can provide military, housing, medical and food assistance along with our coalition partners.]]

Exactly- this IS the solution- but this isn’t good enough for our president who seems hell bent on importing a group of people KNOWN to turn rogue into a country they despise (US) to give them shelter, food, free education, welfare, etc etc etc

This is NOT about humanitarianism- never was, this is strictly about importing potential terrorists into this country to fight us on our home front and in our cities-

There is an obvious and SAFE solution, but our dear leader has such contempt for this country that he will not even conceder it


12 posted on 11/27/2015 10:15:06 AM PST by Bob434
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To: JOHN W K

It no longer matters what the Constitution or the law prescribes. Obama is going to push this and import as many invaders as possible until or unless he is stopped by Congressional action or force.


13 posted on 11/27/2015 11:01:29 AM PST by Truth29
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To: JOHN W K

With the people in D.C. now we have no constitutional law we have deals.

Replacement time nears and not to soon.


14 posted on 11/27/2015 11:04:34 AM PST by Vaduz (women and children to be impacted the most.)
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To: Truth29

He is more interested in promoting his warped social(istic) agenda on many fronts than in protecting the homeland and enforcing the laws of this country. He has sworn to do so now two times and is woefully derelict in these duties. Hillary Clinton would be no different.


15 posted on 11/27/2015 11:14:22 AM PST by t4texas (-)
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To: JOHN W K; All
""Here, he has the absolute lawful authority – may not like the way he’s exercising it, but he has it," said the judge. "

With all due respect to Judge Napolitano, he cannot point to any constitutional clause that clearily indicates that the Founding States delegated to the feds, expressly via the Constitution, the specific power to regulate immigration or decide policy for refugees. This is evidenced by the following excerpts from the writings of Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution.

Both Jefferson and Madison had indicated, reflecting on 10th Amendment-protected state sovereignty nonetheless, that the Founders had not constitutionally delegated such power to the feds.

Here is the relevant excerpt from Jeffersons writings.

” 4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that ”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,” the act of the Congress of the United States, passed on the - day of July, 1798, intituled ”An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

Here is the related excerpt from Madison's writings from the Virginia Resolutions.

"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the ”Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...

. . .

. . . the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ” James Madison, Draft of the Virginia Resolutions - December 1798.


16 posted on 11/27/2015 12:22:25 PM PST by Amendment10
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To: JOHN W K

He should stick to doing celebrity impersonations of Eddie Munster.


17 posted on 11/27/2015 1:01:43 PM PST by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: JOHN W K

Proof that paychecks matter.


18 posted on 11/27/2015 1:13:15 PM PST by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: Amendment10
Thank you for your contribution!

JWK

The surest way for Obama to accomplish his fundamental transformation of America is to flood America with the poverty stricken and destitute populations of other countries.

19 posted on 11/27/2015 1:44:56 PM PST by JOHN W K
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To: Truth29; Bushbacker1; tumblindice; Jack Hammer; All
Are Foxnews personalities delinquent in their fair and balanced reporting?

I wonder why Judge Napolitano was not asked by a Foxnews personality to point to the wording in our Constitution under which the federal government was granted a power to allow tens of thousands or millions of foreigners to enter upon American soil, and then allows the federal government to force a State to accept any of them.

Where is the fair and balanced reporting on Foxnews with regard to this issue? It appears that Foxnews repeatedly asserts our federal government has exclusive power over "immigration", but constantly fails to establish the wording in our Constitution granting this power to our federal government. WHY?

JWK

The surest way for Obama to accomplish his fundamental transformation of America is to flood America with the poverty stricken and destitute populations of other countries.

20 posted on 11/27/2015 1:51:40 PM PST by JOHN W K
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