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Explosive new evidence shows ruling of AZ judge illegal
examiner.com ^ | July 31 2010 | Anthony G. Martin

Posted on 08/03/2010 3:00:19 PM PDT by NoGrayZone

click here to read article


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To: DrC
Sorry about the formatting, I shouldn't be posting in a hurry and when I can't give mu undivided attention.
61 posted on 08/03/2010 4:20:01 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: CommieCutter
  WHY?? BECAUSE OBAMA MIGHT ACTUALLY HAVE TO SHOW HIS PAPERS, IF HE EVER GOES TO ARIZONA???

  It would be a national tragedy if he were to be deported to Indonesia from Arizona!

  OK - not really!
62 posted on 08/03/2010 4:22:20 PM PDT by Maurice Tift (You can't stop the signal, Mal. You can never stop the signal.)
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To: Mr Rogers
The law isn’t written in plain English.

It is for those who can read and comprehend, though on certain issues you have demonstrated a lacking of that ability....

63 posted on 08/03/2010 4:22:37 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: CommieCutter

Today is August 3, his birthday is not today, it is the 4th.


64 posted on 08/03/2010 4:29:11 PM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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To: dljordan

According to Obama, the great “constitutional law professor”, the constitution is unconstitutional.


65 posted on 08/03/2010 4:32:19 PM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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To: glorgau
There shouldn't be any appeal - the only court that has any jurisdiction is the Supreme Court.

Not true; read post #14.

If the Supreme Court were the only court with jurisdiction over any case in which any state is a party, then every criminal case in the country would have to be tried in the Supreme Court (since every non-federal criminal case is State of____ vs.___).

66 posted on 08/03/2010 4:36:18 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: the Real fifi
It is NONSENSE. In 1787 Congress established a federal judiciary which gave the lower courts concurrent jurisdiction of suits brought against states.

That is truly puzzling, since the Bill of Rights was not introduced for ratification until 1789...

67 posted on 08/03/2010 4:43:12 PM PDT by Publius6961 ("In 1964 the War on Poverty Began --- Poverty won.")
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To: NoGrayZone
Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

“State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority."

68 posted on 08/03/2010 4:44:32 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: Mr Rogers

What language do you consider the Constitution to be written in?


69 posted on 08/03/2010 4:52:23 PM PDT by 9YearLurker
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To: Mr Rogers

“The law isn’t written in plain English.”

It would be hard to defend the proposition that the U.S. Tax Code, as just one illustration, is written in plain English. But I was talking about 2 sentences in the Constitution. If they’re not written in plain English I would appreciate your explanation of why you believe this.


70 posted on 08/03/2010 5:18:59 PM PDT by DrC
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To: RipSawyer

“Today is August 3, his birthday is not today, it is the 4th.”


Oh I must have been looking at the photoshopped COLB from the Daily Kos.

My bad.


71 posted on 08/03/2010 5:20:32 PM PDT by CommieCutter (A Centrist Democrat is now defined as: between Socialism and Communism.)
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To: TigersEye

When I saw the name I was thinking it was the Andy Martin (I thought that was his name) who was pushing the conspiracy that Obama’s dad was really Frank Marshall Davis.

...but they’re not even the same names.


72 posted on 08/03/2010 5:23:21 PM PDT by CommieCutter (A Centrist Democrat is now defined as: between Socialism and Communism.)
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To: Las Vegas Ron

“I though so too when I first became aware of this, but this is the part that makes the difference:

with such Exceptions, and under such Regulations as the Congress shall make.”

I don’t think you read my original post very carefully. The quote above is at the end of the SECOND sentence of Clause 2, and refers to the Supreme Court’s appellate jurisdiction. The FIRST sentence deals with its original jurisdiction, and you would have hugely contort the apparent plain meaning of the clause at the end of the second sentence in order to claim it applies to the first sentence. Yes, Congress can make exceptions/regulations to the USSC’s appellate jurisdiction, but NOT it’s original jurisdiction.

“Below is the key provision that gives the Supreme Court original but not exclusive jurisdiction to hear actions between the United States and States. Note that the Supreme Court has exclusive jurisdiction to hear actions between States but not between the United States and States. § 1251.”

What you’ve cited above is the U.S. Code (i.e. statutes), not the Constitution. Again, I’m not a lawyer and don’t know the legislative history of the provision you cite. All I can say is that from my perspective, I’m surprised no one has raised a constitutional challenge to it. I realize that it may have been on the books long enough to be viewed as “settled law.” On the other hand, if no one has raised a constitutional objection to it, then perhaps it would be viewed as a matter on which the USSC can rule.


73 posted on 08/03/2010 5:27:37 PM PDT by DrC
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To: whence911

Thank You


74 posted on 08/03/2010 5:46:07 PM PDT by Sacajaweau (What)
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To: Lurking Libertarian

This is used when two states are in conflict with one another. States are
party to lawsuits all the time - Miranda v. Arizona comes to mind.

There are lots of other cases US V Alaska, US v. Louisiana, US v. Maine,
US v. California that deal with states rights issues that don’t begin with
the Supreme court as the court of original jurisdiction.

This seems to be from Canada - I don’t think whoever wrote it really has a
clue about US law.


75 posted on 08/03/2010 5:56:40 PM PDT by Tucson_AZ (A million seconds ~ 12 days; a billion seconds ~ 31 years; a trillion seconds ~ 31,000 years!)
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To: CommieCutter; Liz; hoosiermama; penelopesire; onyx; STARWISE

“WHY?? BECAUSE OBAMA MIGHT ACTUALLY HAVE TO SHOW HIS PAPERS, IF HE EVER GOES TO ARIZONA???”

BTT


76 posted on 08/03/2010 6:01:04 PM PDT by maggief
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To: counterpunch
Judges get the law wrong all the time.
That is why we have an appeals process.


In this case, there doesn't need to be an appeal because the judge made an illegal, not simply mistaken, ruling. Arizona should just disregard it and implement the law; then, if and when the judge and/or Holder complains, cite the Constitution and say, "See you before the Supreme Court."
77 posted on 08/03/2010 6:05:09 PM PDT by aruanan
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To: RipSawyer

“According to Obama, the great “constitutional law professor”, the constitution is unconstitutional.”

Except that he wasn’t a Constitutional law professor just an adjunct lecturer.


78 posted on 08/03/2010 6:08:14 PM PDT by dljordan ("His father's sword he hath girded on, And his wild harp slung behind him")
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To: maggief
IMO AZ should file a counter-suit.
79 posted on 08/03/2010 6:11:19 PM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: Lurking Libertarian
-- If the Supreme Court were the only court with jurisdiction over any case in which any state is a party, then every criminal case in the country would have to be tried in the Supreme Court (since every non-federal criminal case is State of____ vs.___). --

No, that conclusion overlooks the limited grant of subject matter jurisdiction in the constitution.

80 posted on 08/03/2010 6:12:19 PM PDT by Cboldt
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