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To: Sabertooth
Section 1. Full Faith and Credit

SOURCES AND EFFECT OF THIS PROVISION

Private International Law

The historical background of this section is furnished by that branch of private law which is variously termed ''private international law,'' ''conflict of laws,'' ''comity,'' This comprises a body of rules, based largely on the writings of jurists and judicial decisions, in accordance with which the courts of one country, or ''jurisdiction,'' will ordinarily, in the absence of a local policy to the contrary, extend recognition and enforcement to rights claimed by individuals by virtue of the laws or judicial decisions of another country or ''jurisdiction.'' Most frequently applied examples of these rules include the following: the rule that a marriage which is good in the country where performed ( lex loci ) is good elsewhere; the rule that contracts are to be interpreted in accordance with the laws of the country where entered into ( lex loci contractus ) unless the parties clearly intended otherwise; the rule that immovables may be disposed of only in accordance with the law of the country where situated ( lex rei sitae );1 the converse rule that chattels adhere to the person of their owner and hence are disposable by him, even when located elsewhere, in accordance with the law of his domicile ( lex domicilii ); the rule that regardless of where the cause arose, the courts of any country where personal service of the defendant can be effected will take jurisdiction of certain types of personal actions, hence termed ''transitory,'' and accord such remedy as the lex fori affords. Still other rules, of first importance in the present connection, determine the recognition which the judg ments of the courts of one country shall receive from those of another country.

So even had the States of the Union remained in a mutual relationship of entire independence, private claims originating in one often would have been assured recognition and enforcement in the others. The Framers felt, however, that the rules of private international law should not be left among the States altogether on a basis of comity and hence subject always to the overruling local policy of the lex fori but ought to be in some measure at least placed on the higher plane of constitutional obligation. In fulfillment of this intent the section now under consideration was inserted, and Congress was empowered to enact supplementary and enforcing legislation. -- Source.

The section you claim empowers the Congress to categorically give carte blanche to the States in exempting themselves from the constitutional requirements of the Full Faith and Credit Clause, relates to the interaction between States and foreign countries.

Your argument in this case reminds me of Laurence Tribe's argument on the Second Amendment.

Tribe argues that the preamble qualifies the Amendment: "A well-regulated militia, being necessary to the security of a free state" means that the right to bear arms is relative only to the maintenance of a "well-regulated militia", that in "the right of the people to bear arms" the Framers meant "the States" when they said "the people", and as such, and since each State has in place a "well-regulated militia" in the form of the State National Guard, "the right of the people to bear arms" belongs to the States, and not the individual.

Tribe circumvents the obvious "shall not be infringed", an absolute, in order to make his argument.

Meanwhile you, while complaining about a Court decision that you argue has no Constitutional basis because of the lack of specific verbiage granting that right to the Supreme Court, are stretching the meaning of “general laws” to mean “categorical exemption”, and like Tribe, ignore the absolute: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State” in order to support your painfully convoluted reasoning.

Face it Toothy, you can’t complain about the actions of the Federal government in taking powers not specifically enumerated, while embracing a law enacted by Congress sans the enumerated power to write the law being granted to them by the Constitution.

345 posted on 06/30/2003 8:27:12 PM PDT by Luis Gonzalez (Cuba serĂ¡ libre...soon.)
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To: All
Here is another shocker, there is a democrat house member who is giving homsexul MERE partners a free imigration entry to the USA.

H.R.832
Permanent Partners Immigration Act of 2003 (Introduced in House)






SEC. 10. INADMISSIBLE ALIENS.

(a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION- Section 212(a) (8 U.S.C. 1182(a)) is amended--

(1) in paragraph (3)(D)(iv), by inserting `permanent partner,' after `spouse,';

(2) in paragraph (4)(C)(i)(I), by inserting `, permanent partner,' after `spouse';

(3) in paragraph (6)(E)(ii), by inserting `permanent partner,' after `spouse,'; and

(4) in paragraph (9)(B)(v), by inserting `, permanent partner,' after `spouse'.

(b) WAIVERS- Section 212(d) (8 U.S.C. 1182(d)) is amended--

(1) in paragraph (11), by inserting `permanent partner,' after `spouse,'; and

(2) in paragraph (12), by inserting `, permanent partner,' after `spouse'.

(c) WAIVERS OF INADMISSIBILITY ON HEALTH-RELATED GROUNDS- Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting `or permanent partner' after `spouse'.

(d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND RELATED GROUNDS- Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting `permanent partner,' after `spouse,'.

(e) WAIVER OF INADMISSIBILITY FOR MISREPRESENTATION- Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting `permanent partner,' after `spouse,'.

SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA.

Section 214 (8 U.S.C. 1184) is amended--

(1) by redesignating the subsections (o) and (p) added by sections 1102(b) and 1103(b), respectively, of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, as enacted into law by section 1(a)(2) of P.L. 106-553, as subsections (p) and (q), resepectively; and

(2) in subsection (q) (as so redesignated)--

(A) in paragraph (1), by inserting `or permanent partner' after `spouse'; and

(B) by inserting `or permanent partnership' after `marriage' each place such term appears.

SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND DAUGHTERS.

(a) SECTION HEADING-

(1) IN GENERAL- The section heading for section 216 (8 U.S.C. 1186a) is amended by inserting `AND PERMANENT PARTNERS' after `SPOUSES'.

(2) CLERICAL AMENDMENT- The table of contents is amended by amending the item relating to section 216 to read as follows:

`Sec. 216. Conditional permanent resident status for certain alien spouses and permanent partners and sons and daughters.'.

(b) IN GENERAL- Section 216(a) (8 U.S.C. 1186a(a)) is amended--

(1) in paragraph (1), by inserting `or permanent partner' after `spouse';

(2) in paragraph (2)(A), by inserting `or permanent partner' after `spouse';

(3) in paragraph (2)(B), by inserting `permanent partner,' after `spouse,'; and

(4) in paragraph (2)(C), by inserting `permanent partner,' after `spouse,'.

(c) TERMINATION OF STATUS IF FINDING THAT QUALIFYING MARRIAGE IMPROPER- Section 216(b) of such Act (8 U.S.C. 1186a(b)) is amended--

(1) in the heading, by inserting `OR PERMANENT PARTNERSHIP' after `MARRIAGE' ;

(2) in paragraph (1)(A), by inserting `or permanent partnership' after `marriage' ; and

(3) in paragraph (1)(A)(ii)--

(A) by inserting `or has ceased to satisfy the criteria for being considered a permanent partnership under this Act,' after `terminated,'; and

(B) by inserting `or permanent partner' after `spouse'.

(d) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION- Section 216(c) (8 U.S.C. 1186a(c)) is amended--

(1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C), (4)(B), and (4)(C), by inserting `or permanent partner' after `spouse' each place such term appears; and

(2) in paragraph (3)(A), in the matter following clause (ii), and in paragraph (3)(D), (4)(B), and (4)(C), by inserting `or permanent partnership' after `marriage' each place such term appears.

(e) CONTENTS OF PETITION- Section 216(d)(1) of such Act (8 U.S.C. 1186a(d)(1)) is amended--

(1) in the subparagraph heading for subparagraph (A), by inserting `OR PERMANENT PARTNERSHIP' after `MARRIAGE' ;

(2) in subparagraph (A)(i), by inserting `or permanent partnership' after `marriage' ;

(3) in subparagraph (A)(i)(I), by inserting before the comma at the end `, or is a permanent partnership recognized under this Act';

(4) in subparagraph (A)(i)(II)--

(A) by inserting `or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act,' after `terminated,'; and

(B) by inserting `or permanent partner' after `spouse';

(5) in subparagraph (A)(ii), by inserting `or permanent partner' after `spouse'; and

(6) in subparagraph (B)(i)--

(A) by inserting `or permanent partnership' after `marriage' ; and

(B) by inserting `or permanent partner' after `spouse'.

(e) DEFINITIONS- Section 216(g) (8 U.S.C. 1186a(g)) is amended--

(1) in paragraph (1)--

(A) by inserting `or permanent partner' after `spouse' each place such term appears; and

(B) by inserting `or permanent partnership' after `marriage' each place such term appears;

(2) in paragraph (2), by inserting `or permanent partnership' after `marriage' ;

(3) in paragraph (3), by inserting `or permanent partnership' after `marriage' ; and

(4) in paragraph (4)--

(A) by inserting `or permanent partner' after `spouse' each place such term appears; and

(B) by inserting `or permanent partnership' after `marriage' .
350 posted on 06/30/2003 8:31:24 PM PDT by longtermmemmory (Vote!)
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To: Luis Gonzalez
Your argument in this case reminds me of Laurence Tribe's argument on the Second Amendment.

Does it? Interesting. Word association can go in so many unlikely directions.

For example, if I say "ghost," one person might reply "Casper," but another might say "writer."


436 posted on 06/30/2003 10:51:16 PM PDT by Sabertooth
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