“Here is one thing I think the states could and should do on their own.
If you are in the country illegally the penalty for any crime you commit is doubled or trebled.
Rob a store 5 years. Be illegal and rob a store 10 years, or 15.”
Nice idea, but I just imagine that it runs afoul of the equal protection clause of the Constitution. And even if it didn’t, some RDDB judge would say that it does and commute the sentence before it starts.
What about three strikes and you're out laws? The repeat offender is going to court less equal than others. (not that I care)
Well, a lawyer did tell me (in those early days after 9/11) that ALL are subject to the protection of the constitution, whether they are citizens or not.
That sort of annoyed me at the time, and I’m not sure she was correct, since we were discussing an article re: military tribunals that was written by lawyers who were much more prominent than she.
So, I’m not sure, we need to ask some lawyers I suppose.
I think if it were crafted properly it might hold up.