Posted on 11/16/2015 6:09:32 PM PST by Maceman
The far-right wing in both America and Europe have seized on the Paris terror attacks as an excuse to turn away the thousands of desperate refugees who are fleeing the terror and violence of ISIS. Thirteen American governors (all Republican) have announced they will refuse to accept Syrian refugees in their states, demonstrating a remarkable ignorance of Constitutional law. As ThinkProgress noted, "the Supreme Court explained in Hines v. Davidowitz, "the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution." States do not get to overrule the federal government on matters such as this one."
Those declarations by GOP governors are riding the wave of Islamophobia coursing through the right-wing. Jeb Bush and Ted Cruz both proposed profiling refugees by religion and "only accepting Christians," because despite the fact that Christian terrorist attacks take place in our country on a regular basis, Cruz thinks "there is no meaningful risk of Christians committing acts of terror." Trump said that he would "strongly consider" shutting down mosques in America, completely contradicting his widely professed devotion for "religious freedom." Mike Huckabee called for the new Speaker of the House, Paul Ryan, to halt the "importation" of refugees or resign.
President Obama ripped these xenophobic bigots in his Monday press conference, chastising them for abandoning American values and buying into their own fearmongering:
"When I hear folks say that, well, maybe we should just admit the Christians, but not the Muslims, when I hear political leaders suggesting that there would be a religious test for which person who’s fleeing from a war-torn country is admitted, when some of those folks themselves come from families who benefited from protection when they were fleeing political persecution, that’s shameful. That’s not American. That’s not who we are. we don’t have religious tests to our compassion."
He is absolutely right. While there are certainly dangers we need to address, this kind of reaction from the right-wing is exactly what ISIS wanted. By reacting with fear and discrimination, we marginalize more Muslims and push them into the arms of extremists. The passport that indicated one of the attackers was a Syrian refugee is likely fake, and an obvious plant to inflame fear of refugees. These people are desperately fleeing their homes because the murderous horrors of the Paris attacks are a daily occurrence in ISIS territory – a mass grave of eighty murdered women was recently discovered in Iraq's Sinjar province by liberating Kurdish peshmerga units. It is our moral obligation to accept and protect the incoming refugees in the face of unthinkable violence.
absolutely agree that importing 10,000 Syrians is an attack on the American people, and should not happen under any circumstances.
But I am also interested in the Constitutional requirements relating to the resolution of this issue.
Do the states have any Constitutional authority to defy Obama?
___________
He took an oath to uphold the constitution and provide protection...he has now committed treason.
Trump will win by a landslide and this is just one more reason why.
What part of “protect them from invasion” and “preserve, protect and defend the Constitution against all enemies, foreign and domestic” don’t you know how to read?
The states are not the ones whose actions must past Constitutional muster.
When and if there is a suicide attack in this country between now and the election, the election results will be:
Trump 92%
Clinton 8%
Is it funny how lefties know what ISIS wants..?
Obama does quasi legal things, or downright illegal things, all the time. Make Obama use force against our own national guard to force the states to receive these “refugees”. When it comes down to it, he’ll fold.
So its our fault.
Where exactly are these moderate muslims? After 911, worldwide they cheered in mass. After Paris, they cheered in mass. Please point out this mystical moderate muslim you speak of. They hide very well.
Or the governor can have a state internment camp built and move all these “migrants” there, under heavy guard. Hold them there until Trump’s elected, then deport them all.
States Rights
The case in question had to do with a Pennsylvania law requiring aliens to register annually. The Federal law did not require this. The court did indeed rule that the federal government was supreme in matters of immigration as they are inherently national in scope. I just read the majority opinion. However they do say in several instances that this is the case where a "complete scheme of regulation" has been enacted by the congress at the federal level, then the states have no role.
The crux of the question to me is "is there a complete scheme of regulation in place for these so-called refugees? It seems not. Also, this is not being initiated or authorized by congress, as the SCOTUS indicated the power resides, but rather by the executive branch who has no such authority."
Not a lawyer but the opinion does say the power is within the hands of the congress, not the executive. And it says that when the congress has instituted a comprehensice scheme of regulation for the "protection of the citizens", the state has no role but it's nowhere near clear that (1) congress has authorized this at all and (2) there is such a well thought out and comprehensive scheme in place. The implication is that if congress does not exercise its authority then the states may in order to protect their citizens. Again, not a lawyer, just a guy.
Probably not but WE DO.
In my home town people that were not welcome got the message and left.
We need to do the same now and demand that our “elected representatives” stop this.
Yeah, only an insane despot would allow in an invading force. End of case.
Well if law and order still existed in this country they might have a point. Oh well.
Actually, opposition to Hussein the Failure is BIPARTISAN: the Demon Rat governor of New Hampshire is now rejecting Valerie’s plan to flood the nation with Muslims.
An interesting case, in that if Hines v. Davidowitz applied, they would be correct. However, it might not.
And the reason it might not is that no congressional act authorizes these Syrian immigrants to settle in the US, only Obama’s “pen and phone”.
As was pointed out in the death penalty case, in which Texas wanted to kill a kidnapping, raping murderer, Humberto Leal Garcia.
“The (Obama) administration submitted a 30-page brief to the Supreme Court asking them to stay Leal’s execution while Congress considered legislation relating to the right of foreign nationals on death row to contact their consulate for legal aid. On July 7, 2011, the court ruled 5–4 that Congress had had adequate time to do so, and wrote in an unsigned majority opinion that it would not “prohibit a state from carrying out a lawful judgment in light of unenacted legislation.”
That is, congress passed no law that states had to respect the right of a foreign national to contact his government, and the SCOTUS would not grant a state on the hope that congress might do so. What Barry wanted, Barry did not have the authority to do.
And in the current situation, congress has passed no law to suborn this immigration. Therefore, the states are not obligated to accept Obama’s dictat.
With 26 governours and counting, they may find a backbone.
For some reason that Clinton-ism has stuck in my head all these years.
As long as sanctuary cities exist anything goes now.
Current states saying no to Obama’s Muslim Trojan Horse:
US: Alabama; US: Arizona; US: Arkansas; US: Florida; US: Georgia; US: Idaho; US: Illinois; US: Indiana; US: Kansas; US: Louisiana; US: Maine; US: Massachusetts; US: Michigan; US: Mississippi; US: New Hampshire; US: North Carolina; US: Ohio; US: Oklahoma; US: Tennessee; US: Texas; US: Wisconsin;
See what you think about this...
http://m.spiegel.de/international/a-369448.html#spRedirectedFrom=www&referrrer=
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