Posted on 05/15/2012 3:07:59 PM PDT by dynachrome
Illegal immigrant students and members of the House sued the Senate this week to try to overturn the upper chambers filibuster rule, arguing that the 60-vote supermajority requirement violates the Constitution and is blocking important legislation such as legalization for illegal immigrants.
If successful, the lawsuit, filed Monday, would rewrite the way the Senate operates though courts generally have been reluctant to meddle in internal congressional rules.
(Excerpt) Read more at washingtontimes.com ...
“Illegal immigrant students”
Why do they have standing to sue anyone?
Illegal aliens are very concerned about the integrity of the Constitution.
Right, some Obozo judge is going to tell a chamber of 100 who all believe they should be President that they have to change their rules.
It’s get the popcorn time.
“Illegal aliens are very concerned about the integrity of the Constitution.”
___
Pi$$ on ALL Illegals
Injury or prospective injury confers standing - people with no legal right to be present sue every day in courts. If legislation granting something very valuable to them would pass but for an unconstitutional obstruction, that’s perfect standing. The case should be dismissed on other grounds, that it is a political question, which is lawyer talk for courts abstaining from interpreting how the Senate exercises its constitutional power to make and enforce its own rules.
This case should be thrown out for lack of standing on the part of the illegal aliens and separation of powers ground for the Congresscritters.
This would once again fall right into the Leftist playbook in that it would subjugate the Congress to the Judicial. I see this as an assault by the Leftists on the equality of the branches of government.
The executive has inappropriate influence over the Judicial in the control of the Department of Justice as it is. This would only serve to increase the Executive power.
Florida officials have discovered that 180,000 registered voters may be non-citizens. A CBS4/Miami Herald analysis of information supplied by Miami-Dade shows a large number of the potential non-citizens voters cast ballots in the past including the 2000 election, when the presidency was decided by just over 500 votes.
According to Deputy Supervisor of Elections Christina White, there are a lot of non-citizens on our registration rolls. Floridas Division of Elections is checking the citizenship of voters by comparing drivers license records, which show whether a licensed driver is also a U.S. citizen.
Non-citizens are able to become registered voters in Florida because if a non-citizen checks the box on the voter registration form that says they are a citizen they are registered to vote, because the form is signed under oath.
Those registered who are identified as possible non-citizens are reported to the State Attorneys office. The States Attorney may charge anyone who unlawfully registered to vote with a felony.
According to the Heritage Foundations Hans Von Spakovsky, Floridas investigation is only looking at legal immigrants, not illegal aliens, who may have registered to vote even though they are not citizens. Von Spakovsky, a former member of the Federal Elections Commission, says that Florida is doing the right thing with this investigation, but is only scratching the surface.
Florida cant check for illegal aliens who registered to vote because the Federal government is not giving Florida access to Immigration and Naturalization Service records which would help identify illegals who have registered to vote.
You can watch Bill Hemmer and Hans Von Spakovsky discuss Floridas investigation of non-citizens illegally voting in the accompanying video here (link at web site).
========================================
Nearly four years after CNN reported on the scandalous ACORN voter fraud, and those fraudulent voter registrations were converted into fraudulent votes, we are still struggling to prevent voter fraud. Instead of working to prevent voter fraud, the Obama regime goes so far as to sue some states that require voters to show a photo ID in order to vote.
Florida officials have discovered that 180,000 registered voters may be non-citizens. A CBS4/Miami Herald analysis of information supplied by Miami-Dade shows a large number of the potential non-citizens voters cast ballots in the past including the 2000 election, when the presidency was decided by just over 500 votes.
According to Deputy Supervisor of Elections Christina White, there are a lot of non-citizens on our registration rolls. Floridas Division of Elections is checking the citizenship of voters by comparing drivers license records, which show whether a licensed driver is also a U.S. citizen.
Non-citizens are able to become registered voters in Florida because if a non-citizen checks the box on the voter registration form that says they are a citizen they are registered to vote, because the form is signed under oath.
Those registered who are identified as possible non-citizens are reported to the State Attorneys office. The States Attorney may charge anyone who unlawfully registered to vote with a felony.
According to the Heritage Foundations Hans Von Spakovsky, Floridas investigation is only looking at legal immigrants, not illegal aliens, who may have registered to vote even though they are not citizens. Von Spakovsky, a former member of the Federal Elections Commission, says that Florida is doing the right thing with this investigation, but is only scratching the surface.
Florida cant check for illegal aliens who registered to vote because the Federal government is not giving Florida access to Immigration and Naturalization Service records which would help identify illegals who have registered to vote.
You can watch Bill Hemmer and Hans Von Spakovsky discuss Floridas investigation of non-citizens illegally voting in the accompanying video here (link at web site).
========================================
Nearly four years after CNN reported on the scandalous ACORN voter fraud, and those fraudulent voter registrations were converted into fraudulent votes, we are still struggling to prevent voter fraud. Instead of working to prevent voter fraud, the Obama regime goes so far as to sue some states that require voters to show a photo ID in order to vote.
Section. 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
The rules of the Senate are outside the jurisdiction of an Article III court, this will be thrown out. Even if a judge was crazy enough to try the case or issue an injunction, the Senate will ignore it as unconstitutional.
“some Obozo judge is going to tell”
Another judge will change it back for obozo if needed.
Raza studies is a virulent anti-America agenda, a bloodthirsty dream by illegals to kill off US citizens:
One Raza Studies textbook titled Occupied America, by Rodolfo Acuña, includes a violent and blood- curdling speech given by university professor Jose Angel Gutierrez: We have got to eliminate the gringo, and what I mean by that is if the worst comes to the worst, we have got to kill him, (pg. 323).
This is taken directly from Occupied America (pg. 167): Supporters would execute all white males over age 16, (this is AKA the Plan of San Diego).
America-hating Raza Studies teach violence and undermining US ntl security----and preaches the need for Mexico to "re-take seven states in the Southwest...in order to make the SW a Chicano nation.
Course, if you oppose this, you are "heartless"....../s.
Adelita Grijalva is the woman on the Arizona school board pimping La Raza/LULAC/Mecha/MALDEF indoctrination programs in Tuscon schools.
Adelita is all up in arms about Raza Studies getting tossed via the AZ state legislature's action...she is the daughter of Raul Grijalva (D-AZ-7) who was just narrowly re-elected to our US Congress.
Raul Grijalva is one of Mexicos most productive and loyal representatives in our Congress....aiding and abetting building a Third World on US soil.
So, if you’re here illegally, do you have standing, for such a suit?
Personally, I believe ICE should move them from where they’re “standing”....
>>the Senate will ignore it as unconstitutional<<
The all-democratic house and senate ignored things that WERE Constitutional (obamacare).
The reaction will be “thanks for your meaningless opinion.” — and this one will get bipartisan support. The only thing politicians hate more than attacks from each other is attacks on their power.
It’s articles like this, that make me realize only an all-out conflict in this country is what it will take to finally re-orient it.
Very interesting if you can have ‘standing’ to challenge Senate rules as an illegal, but no standing as a citizen to demand that the President prove he was born in the US or is otherwise legally qualified to hold that office.
It’s a political question. A competent, responsible court will kick it out as quickly as they took on Bozo’s claim that the courts should leave Obamacare alone.
http://www.law.cornell.edu/wex/political_question_doctrine
BTT
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.