Posted on 08/21/2007 8:14:49 AM PDT by Sub-Driver
WOW it's broken thinking like this that has blurred the line of our Constitution that liberals have twisted to the current rule of law. Illegals should have No legal standing under the Constitution and they DEFINATLY don't get ANY under the 14th Amendment. Period (this is just my opinion though....:))
mind boggling isn’t it....
Don't shoot the messenger: it's been that way since the US Supreme Court decided that way, back in 1898.
Now look at what you're really saying ... put yourself in a different country -- let's say England, just to keep things somewhat familiar -- and assume that a cop decides to look askance at you.
As you know, an English citizen enjoys certain protections from the excesses of government, especially including its law enforcement arm. I'm sure that you, a non-citizen, would be all in favor of those protections being extended to you as well, once you were placed into their legal system.
If you were to make an argument that you deserved such rights, I think you -- like most of us -- would start out by stating the principle that a person has certain inherent and unalienable rights, and that any valid system of law is bound to recognize them. That would include things like the right to due process of law. A person doesn't lose those unalienable rights simply because he crossed the border illegally, and we should not suppose that we can abrogate them.
I really don't like the idea that those unalienable rights can abrogated "because that person is illegal." It's too easy, once you do that, to think up other "becauses."
But again, the whole idea of making "being here" a felony, would simply swamp the legal system, to no good end. We can already deport illegals, and it's already a felony to come back once you've been deported.
I agree, but it probably means it’s the least likely thing to happen, then.
Where is Joe Palooka when we need ‘im?!
So people that enter illegally are criminals, but if they stay for a few seconds, they are no longer criminals or here illegally...
An activist judge would have ruled differently using common sense rather than interpreting the law. That is why people on Free Republic are always calling for activist judges to be placed on the SCOTUS. /s
If the INS were to deport him, federal supremacy would render any state charges of violating his probation moot: a state cannot forbid someone from doing something the federal government requires.
On the other hand, if he leaves the state without leaving the country, federal supremacy shouldn't protect him. He can't very well argue that federal law requires him to go some other state unless the government explicitly directs or forces him to do so (e.g. to attend court or prison in another state).
Do Kansas and the federal government have catch-all unjust enrichment statutes? I would think they do. If that is the case, what basis is there for inferring this "implicit distinction"?
To my mind, part of the reason for not having existence in this country be a felony in and of itself is that, for the most part, we don't want to chase after illegal aliens who go home of their own accord. If merely being an illegal alien were a felony, that would suggest that the federal government must either expend considerable effort trying to identify everyone who has been here illegally--even if they've already left--or else overtly ignore millions of felons. Neither approach would particularly favor the rule of law.
The full article mentions a 1958 case that addresses a very similar issue. Now maybe that decision and others are in error, but don't you think if Congress disagreed with that ruling it would have acted in the fifty years since?
The appeals court is just upholding precedents like that 1958 case I mentioned. I read part of it and it seemed very relevant. Do you think the appeals court should simply ignore those past decisions?
And I think the reason they don't has nothing whatever to do with hunting through 50 years of law books seeking the stupidest decision they could find, and everything to do with maintaining the Party Central Committee line on the matter, that no law or obstacle or barrier shall run, between a potential Party Voter and the booth.
And when judges ignore law, which is all they are doing, they are not judges and we should all flat ignore them.
btt
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And yet the decision spent a lot of time examining relevant law and precedent as they related to the specifics of this case.
Did you read the decision? If not, how can you say what the judges did or did not do? And if so ... well, I don't know what to say, then.
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