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(Federal) Judge Strikes Down Hazleton's Illegal Immigrant Law
Yahoo! News ^ | 7/26/2007 | Michael Rubinkam

Posted on 07/26/2007 11:01:07 AM PDT by Pyro7480

click here to read article


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To: gondramB

Thanks for the mutual Mea Culpa... I’m gonna call it a night. We can carry on perhaps tomorrow. Goodnight, all.

RTO


241 posted on 07/27/2007 11:06:33 PM PDT by RTO (What will you do without freedom?)
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To: Pyro7480

deprive residents of their constitutional rights to equal protection and due process

HUH?


242 posted on 07/28/2007 4:57:23 AM PDT by omega4179 (is it Global war against global Jihad yet?)
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To: RTO

OK, I got it. Thanks.


243 posted on 07/28/2007 7:33:38 AM PDT by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: So Cal Rocket
Judge Munley is a Clinton appointee.

Why am I not surprised.

244 posted on 07/28/2007 7:37:06 AM PDT by reg45
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To: frankenMonkey

“Sanctuary Cities” (and counties, and states) should be denied ALL money from the Federal Government.


245 posted on 07/28/2007 7:41:34 AM PDT by reg45
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To: RTO

“I will never be powerless.”

If you say so. However, if you’re in a land of sheep, and the overwhelming majority either go along, or support the direction we’re headed, your options are limited, very limited.

I wish it weren’t so, but until/unless America wakes up and realizes what’s happening to freedom, we are doomed. The only difference is, you and I know what’s being lost, the sheep don’t.

The people at Ruby Ridge didn’t think they were powerless either.


246 posted on 07/28/2007 10:25:20 AM PDT by brownsfan (America has "jumped the shark")
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To: RTO; NorthFlaRebel
RTO: You have some advantage on me. I think I am glad that my IRAC is good but I don't know what an IRAC is. Good is better than not good.

The federal government MAY arguably regulate immigration. To the best of my knowledge, there is NO constitutional REQUIREMENT that it regulate immigration. There are federal statutes purporting to regulate and it would seem that the federal government is not enforcing those laws. It also seems quite unlikely that the federales will enforce those laws on the southern border any time soon.

Since those opposed to "illegal" immigration seem determined to have a perfect bill or none at all, and since Dubya seems adamant that he will not support what those who would hermetically seal the border while making no concessions whatsoever are demanding, there will be no legislation between now and election 2008. There is also a Demonratic Congress that is not about to give the border enforcers any bill at all much less the "perfection" (in their POV) which they demand.

As things stand, the Demonrats are as likely as not to increase their grip on Congress AND elect a POTUS in 2008. That will not help the border closers with that "perfection" bill which will then be postponed until at least 2012 and possibly 2016 just in terms of having a Demonrat POTUS and whatever sort of Congress. As despicable DIFI observed, the status quo IS amnesty. The border closers will not compromise, will not accept any bill which deals comprehensively with the problem and will oppose any other bill to its death. OK, be prepared to accommodate ANOTHER 12-20 million "illegals" on top of the present 12-20 million "illegals." None of them are going back other than a handful of atrocious criminals, not shoplifters or petty thieves and some handful who miss the charm of their old home towns in Mexico.

No nominatable Demonrat will change the lack of federal enforcement. No Republican is likely to change enforcement in office without a comprehensive solution.

Anchor babies are provided for in the 14th Amendment. That is not going to change. 12-20 million are bearing anchor babies now. If a Demonrat POTUS is elected in 2008, then there will be twice as many bearing anchor babies in a few short years. Then the anchor babies will be old enough to have kids, etc. This question of the immigration is already resolved by history and biology. All that remains is whether there will be any limits whatsoever in the future (as part of a comprehensive bill) and whether anyone but Demonrats will be able to get the votes of the socially conservative people coming from south of the border if the ugliness of the resistance continues.

The states cannot enforce federal immigration laws other than to turn "illegals" over to the federal authorities who have every right to decline to prosecute for whatever reason and they will decline and to turn them loose again. States, for example, have no authority to prosecute federal tax violations, federal kidnapping violations, federal bank robbery violations.

More importantly, while states may legislate against kidnapping or bank robbery under their own statutes, the states are specifically forbidden to treat "illegals" differently from their treatment of anyone else by the text of Equal Protection Clause of the 14th Amendment. Like it or not "illegals" are subject to the jurisdiction of state authorities and are "persons" within the meaning of the 14th Amendment. Not only are the states not REQUIRED to prosecute "illegals" for being "illegals", but they are forbidden to do so. See also the Supremacy Clause of Article VI of the constitution requiring submission to federal constitution, treaties and federal laws subject to the constitution.

Remotely, you might have a constitutional solution if Congress enacts a law, over POTUS veto as necessary, delegating to the states the FEDERAL role as necessary to apprehend and deport "illegals." I don't see that happening but I could be wrong. I suspect that won't happen either especially if not funded by the Congress. Further, local law enforcement would soon grind to a halt for lack of prison facilities to house "illegals" pending trial. If everyone insisted on a jury trial (to which each would be entitled) for any criminal charge and for "illegal" immigration charges, you will have judicial amnesty by prosecutors exercising prosecutorial discretion and a genuine constitutional crisis. The case

247 posted on 07/28/2007 11:11:54 AM PDT by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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To: nicmarlo
"Lawbreakers in black robes alert!"

We need to ID and target every one of these pecksniff elitists for recall or defeat when they stand for re-election.

248 posted on 07/28/2007 3:58:02 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Pyro7480

Was this Judge a democrat appointment?


249 posted on 07/28/2007 5:36:52 PM PDT by upcountryhorseman (An old fashioned conservative)
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To: Pyro7480

How can a judge possibly refuse to allow people to protect themselves from lawbreakers? I don’t know, but he’s trying.


250 posted on 07/29/2007 6:22:59 AM PDT by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: TLI

Amen, and Adios, illegal amigos!


251 posted on 07/29/2007 4:57:20 PM PDT by Palladin (Lou Barletta for President!)
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To: upcountryhorseman

Yes, appointed by the most corrupt President in American history, William J. Clintoon.


252 posted on 07/29/2007 4:58:17 PM PDT by Palladin (Lou Barletta for President!)
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To: RTO

I don’t understand your response. It would take a Constitutional Amendment to allow non-citizens to vote. That will never happen, regardless of how hysterical people try to act about it.


253 posted on 07/30/2007 6:18:52 AM PDT by NorthFlaRebel
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