Posted on 08/08/2019 8:39:58 AM PDT by jazusamo
Extremely dubious decision.
Jail for any judge who rules without law; or outside of lawful law.
Thanks, I was not aware of that!
I was under the impression the District judges were just part of each Circuit and the Circuit Court judges were the appeals judges.
We keep electing RINOs and expecting to get Super Patriots............Einstein said something about doing the same thing over and over again and expecting to get a different result..............
I think I can solve this problem once and for all. The Feds should put up a menu of all sanctuary cities taking illegal immigrants. When illegals are caught, providing they have no criminal records, they can choose the sanctuary city they want to live in.
The money that these cities get from the Fed for public safety will be diverted to helping illegals get to their chosen city. Once there, illegals have to stay in that city for no less than 10 years. During this time they receive no federal benefits.
If they commit a crime once settled in, they lose any chance of citizenship.Make the Dems own it.
Honorable Michael McShane
Judge McShane lives in Eugene, Oregon with his husband Gregory and their two children.
Oregon Ping
McShane ruled the statutes, identified as Sections 1373 and 1644 of the federal code, violate the 10th Amendment, which says any power not expressly given to the federal government [??? emphasis added] falls to the states or their people."
FR: Never Accept the Premise of Your Opponent’s Argument
The states gave the feds the specific power to make citizenship policy when the Founding States drafted the Constitution’s Clause 4 of Section 8 of Article I.
"Article I, Section 8, Clause 4: To establish an uniform Rule of Naturalization [emphasis added], and uniform Laws on the subject of Bankruptcies throughout the United States;"
And since Clause 2 of the Constitution’s Article 6 clearly indicates that the federal government’s express constitutional powers trump 10th Amendment-protected state powers, the referenced activist federal judge is arguably not familiar with the “uniform Rule of Naturalization Clause.”
"Article VI, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land [emphasis added]; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
This federal judge seems to be ignoring constitutionally express federal powers to address citizenship issues to politically attack PDJT imo.
Corrections, insights welcome.
Remember in November 2020!
MAGA! Now KAG! (Keep America Great!)
The Executive Branch of our government is pretty much powerless.
On September 19, 2012, President Obama nominated McShane to serve as a United States District Judge for the United States District Court for the District of Oregon, to the seat vacated by Judge Michael R. Hogan who took senior status on September 24, 2011.
On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, he was renominated to the same office. His nomination was reported by the Senate Judiciary Committee on March 7, 2013, by voice vote.
The Senate confirmed his nomination on May 20, 2013, by voice vote.
Another black robed wanna be tyrant soon to be overturned. These Obama activists are 100% predictable.
“Judge” Sissyfag...
Oh brother, thanks for cluing us in.
Thanks for the heads up.
Bump!
“:^)
these grants are unconstitutional and outside the powers afforded the feds by the constitution But we jumped the shark along time ago and now they’re entitlements.
Thanks for that. This was in 2012.
Nominated to U.S. District Court for the District of Oregon, September 19, 2012; no Senate vote
As for the appeasing Senate that let Obammy run rampant, funny how white Dems aren’t considered ‘raciss’ too.
>Refraining from giving away money is not robbery.
Cycling taxpayer $$ through big govt (graft/theft/fraud/skimming), esp. for that which has ZERO Constitutional authority *is* robbery.
States wish to blow their own Citizen’s taxes,let ‘em.
It’s not as if the Fed does it’s job (ala protecting the Citizens from the State) either. Sure as hell Pres. Trump has dropped the ball vs. arresting/prosecuting those govt employees (@ all levels) breaking the law (illegals, Rights violations+).
I think that any District Judge’s rulings get appealed to the Circuit in which that particular DJ resides, so this a$$hole’s ruling will likely be appealed there unless the Administration tries to take it directly to the SCOTUS for an expedited hearing. I guess the only roadblock to that avenue might be that useless pr!ck John Roberts (another one or GWB’s “gifts” to our country). It sure would help things for Ginsberg to “go” wouldn’t it. Breyer too!
My “dream SCOTUS” has the only Leftist “left” being the Fat Yenta (The Wise Latrina having to leave because of her T1 Diabetes, and Roberts being replaced by Trump because he was outed for some illegal deal with respect to his children’s adoption). And for insurance, Thomas stepping down so Trump can appoint a 40 year old replacement. We must not leave out shoring up the Right side of the court against some RAT President in the future being able to make replacements.
Nope. Sorry, but we are a Constitutional Republic and any state not willing to comply with the U. S. Constitution hasn’t got a leg to stand on.
If it’s inhabitants don’t like it, they can take it up the next election.
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