Constitutional question

http://www.break.com ^

[tpaine]

You're nitpicking the statute's intent. It clearly defends "-- any person --", not just persons "being an alien, or by reason of his color, or race".

Constitutional law is not a game to be played on Amateur Night.

I'm not playing a game, and you're the one acting like an amateur, -- as has been noted by others.

Please do not argue law with me. Thank you.

Sorry Bender, but your vision of our Constitutions rule of law is sorely lacking in common sense. Pointing that out to the forum now & then is both a pleasure and a duty.

[RetiredArmyMajor]

I only mentioned my rank progression to inform you that I had seen things from the grunt level through the middle to the headshed. I spent time in PSYOPS, too. In fact I instructed at the school at Bragg. Big flipping whoopie.

I guess we can seek to impress all the nonvets here by laying our professional resumes alongside one another and copmparing weenie sizes.

I served with ACRs, too. So? And light and heavy divisions. And SIBs. And at Corps-level. And I also taught at the intel school at HootchyKootchy. And I was branched infantry, armor and intel at various times. And I worked StratIntel for USSOCOM at MacDill. And USCENTCOM. And I was a Vietnamese interrogator. And distinguished grad of my OCS class. And my BCT brigade. And DLI. And I taught college for years. And I worked in politics. And a grandfather. And aren’t I just a wonderful macho patriot. And aren’t we really impressing the hell out of people by going back and forth like two five year olds in a sandbox?

And I’m also a civilian marksmanship instructor. So was I supposed to be afraid to read your list of firearms? I presume your ability to type the names of some firearms is supposed to have a purpose . . . what? To impress everyone in some way?

Do we need some grizzled old Ranger SGM, SEAL Masterchief or retired Marine recon guy — the REAL studs — to come in here and really establish who has length and breadth and juevos to match?

How about we both get off the high horses (which aren’t that high at all)?

As for the services you provide for $850 an hour? I never knew the girls on Tu Do Street were such good instructors. Did you earn a skill badge for that?

[MindBender26]

The statute clearly reads:

any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens.

Only a fool would try to read half a law then expect to have it enforced....

Oh well, in your case, that explains it, doesn't it.

[MindBender26]

Why is it I sit here and imagine you are probably a very short man....... ?

PS, did all that and only got out as an 0-4?

Next time, instead of trying to brag about doing so much, why not just try to do some things WELL?

[tpaine]

The statute clearly protects:

any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens.

Only a fool would try to read half a law then expect to have it enforced....

Only foolish, self styled lawyers can read law protecting any person and then get completely confused by the addition "-- such person being an alien, or by reason of his color, or race, as to whom the law protects. - It still protects ANY person regardless of citizenship/color/race.

Obviously, in your case, law school did not guarantee the ability to use logic.

[MindBender26]

What's really frightening here is that some FReepers might take your "reading" as settled law. Your read is so far off-base that the following is required.

Important Notice to all. Please do not depend on posting from non-lawyers here as legal advice. Following the counsel of certain posters WHO ARE NOT LAWYERS AND WHOSE READING OF LAW IS AT BEST "EXTRA-ORDINARY" could result in severe legal difficulties.

As a matter of course, you should never use any published materiel as legal advice and only accept legal advice from a licensed attorney in your jurisdiction who is familiar with both the law ands the circumstances of your case. NOTHING POSTED BY ME IS TO BE CONSTRUED AS LEGAL ADVICE. (Adapted from the ABA position on publishing in legal matters.)

To all, sorry the above is needed, but after tpaine post, it is.

To tpaine. You are beyond foolish. You are dangerous to FR and The Conservative Movement. I will not reply to any of your further posts. I do not debate fools. It only encourages them.

[tpaine]

My case has been made by my opponent.

[ipwnedu50]

You are correct about "Tpaine". He often thinks he understands the law, but I think he doesn't even understand English. BUT, even a broken clock can be correct twice a day.

There are four elements to proving an 18 USC 242 violation:

1. The victim must have been an inhabitant of a State, District or Territory of the United States;

2. The accused must have been acting under color of law;

3. The conduct of the accused must have deprived the victim of a right, privilege or immunity secured or protected by the Constitution or laws of the United States;

4. The defendant must have acted willfully.

Here are two quick cases to look at:

United States v. Senak, 477 F.2d 304, 306 (7th Cir. 1973).
United States v. Lanier, 520 U.S. 259, 264 (1997)

[ipwnedu50]

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,

[b]or[/b] to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both.

[ipwnedu50]

If you would like to see some stupidity by "tpain", I invite you to look at this thread:

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http://www.freerepublic.com/focus/f-news/1774791/posts

[ipwnedu50]

I believe that the appropriate Indiana Statute at issue are here:

http://www.in.gov/legislative/ic/code/title16/ar41/ch16.html