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Immigration Action Unconstitutional - 12/17/2014 1:06:52 AM   
KenDckey


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http://www.washingtonpost.com/news/volokh-conspiracy/wp-content/uploads/sites/14/2014/12/Juarez-Escobar.pdf

US V Juarez-Escobar appears to be the first case of what will probably be many on the executive action of Obama on immigration. Obama lost in the Western District Court of PA. Interesting read regardless of which side of the aisle you are on.
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RE: Immigration Action Unconstitutional - 12/17/2014 4:29:56 AM   
Sanity


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That judge is racist. Anyone who expects Obama, or anyone who looks like Obama, to follow the law is racist. Anyone who expects immigrants to follow the law is racist.







< Message edited by Sanity -- 12/17/2014 5:10:48 AM >


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RE: Immigration Action Unconstitutional - 12/17/2014 6:28:26 AM   
Musicmystery


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Wow. Derailed the topic on the 2nd post.

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RE: Immigration Action Unconstitutional - 12/17/2014 6:38:27 AM   
cloudboy


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I don't think a separation of powers argument will hold at the Circuit and Supreme Court levels. The fact is the USA does not have the resources and material wherewith all to deport all the non legal status aliens in the country. So, there is a an enforcement issue of who to deport.

Obama has said the emphasis should be on aliens who have committed criminal acts and not on Aliens who have US citizen children and spouses who have lived in the USA for over 5 years.

This is a rational priority under the circumstances.

The bonus of the policy allows those aliens to put in paperwork for a temporary work permit -- this allows these people to come out of the shadows and quit living in fear. They also must pay taxes, etc.

Whole other groups of aliens will be deported in large numbers -- still at great expense to the nation.

< Message edited by cloudboy -- 12/17/2014 6:41:22 AM >

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RE: Immigration Action Unconstitutional - 12/17/2014 6:43:36 AM   
BamaD


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quote:

ORIGINAL: cloudboy

I don't think a separation of powers argument will hold at the Circuit and Supreme Court levels. The fact is the USA does not have the resources and material wherewith all to deport all the non legal status aliens in the country. So, there is a an enforcement issue of who to deport.

Obama has said the emphasis should be on aliens who have committed criminal acts and not on Aliens who have US citizen children an spouses who have lived in the USA for over 5 years.

This is a rational priority under the circumstances.

The bonus of the policy allows those aliens to put in paperwork for a temporary work permit -- this allows these people to come out of the shadows and quit living in fear. They also must pay taxes, etc.

Whole other groups of aliens will be deported in large numbers -- still at great expense to the nation.

We don't have the resources to deport, but we do have the resources to provide social security, food stamps, and medicade for them?
Don't you think separation of powers is important, do you think that the President should have the power to rewrite law?

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RE: Immigration Action Unconstitutional - 12/17/2014 7:07:45 AM   
cloudboy


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Aliens and lawful permanent residents are ineligible for Gov't benefits. This is a right wing fantasy boogie man. There's also nothing about this in the case cited by the OP. Your import is very similar to Sanity's (rabid personal dislike.)

People who leave their countries, leave everything behind, hoping to find a new opportunity --- are the ones who built and made the USA what it is today. Why do you want to shit on that legacy with such a statement?

------

Here's another eye popping statistic:

The United States has created an enormous deportation machinery. The budget for border security and immigration enforcement in now $18 Billion dollars a year -- substantially more than the budget for all other federal law-enforcement agencies combined (the F.B.I., the D.E.A., the Secret Service, the U.S. Marshalls, and the A.T.F.).

The machinery exists, it has its political incentives, and because it targets are weak, its accountability is slight, its impunity is great.

--New Yorker P. 28. April 29, 2013

< Message edited by cloudboy -- 12/17/2014 7:14:08 AM >

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RE: Immigration Action Unconstitutional - 12/17/2014 7:49:28 AM   
hot4bondage


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quote:

ORIGINAL: cloudboy

Obama has said the emphasis should be on aliens who have committed criminal acts and not on Aliens who have US citizen children and spouses who have lived in the USA for over 5 years.



That emphasis might be oversimplified. Is someone who manages to stay under the radar for years necessarily a better citizen than someone who gets caught with a joint as soon as they get here?

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RE: Immigration Action Unconstitutional - 12/17/2014 7:57:10 AM   
BamaD


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quote:

ORIGINAL: hot4bondage


quote:

ORIGINAL: cloudboy

Obama has said the emphasis should be on aliens who have committed criminal acts and not on Aliens who have US citizen children and spouses who have lived in the USA for over 5 years.



That emphasis might be oversimplified. Is someone who manages to stay under the radar for years necessarily a better citizen than someone who gets caught with a joint as soon as they get here?

It also ignores the fact that they have committed a criminal act by being here "without documentation"

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to hot4bondage)
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RE: Immigration Action Unconstitutional - 12/17/2014 8:09:23 AM   
CreativeDominant


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quote:

ORIGINAL: cloudboy

Aliens and lawful permanent residents are ineligible for Gov't benefits. This is a right wing fantasy boogie man. There's also nothing about this in the case cited by the OP. Your import is very similar to Sanity's (rabid personal dislike.)

People who leave their countries, leave everything behind, hoping to find a new opportunity --- are the ones who built and made the USA what it is today. Why do you want to shit on that legacy with such a statement?

------

Here's another eye popping statistic:

The United States has created an enormous deportation machinery. The budget for border security and immigration enforcement in now $18 Billion dollars a year -- substantially more than the budget for all other federal law-enforcement agencies combined (the F.B.I., the D.E.A., the Secret Service, the U.S. Marshalls, and the A.T.F.).

The machinery exists, it has its political incentives, and because it targets are weak, its accountability is slight, its impunity is great.

--New Yorker P. 28. April 29, 2013

Those people that built this country? They were legal immigrants for the most part UNLIKE this new group.

(in reply to cloudboy)
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RE: Immigration Action Unconstitutional - 12/17/2014 8:32:05 AM   
BamaD


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quote:

ORIGINAL: CreativeDominant


quote:

ORIGINAL: cloudboy

Aliens and lawful permanent residents are ineligible for Gov't benefits. This is a right wing fantasy boogie man. There's also nothing about this in the case cited by the OP. Your import is very similar to Sanity's (rabid personal dislike.)

People who leave their countries, leave everything behind, hoping to find a new opportunity --- are the ones who built and made the USA what it is today. Why do you want to shit on that legacy with such a statement?

------

Here's another eye popping statistic:

The United States has created an enormous deportation machinery. The budget for border security and immigration enforcement in now $18 Billion dollars a year -- substantially more than the budget for all other federal law-enforcement agencies combined (the F.B.I., the D.E.A., the Secret Service, the U.S. Marshalls, and the A.T.F.).

The machinery exists, it has its political incentives, and because it targets are weak, its accountability is slight, its impunity is great.

--New Yorker P. 28. April 29, 2013

Those people that built this country? They were legal immigrants for the most part UNLIKE this new group.

And they wanted to become Americans, not turn us into them.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to CreativeDominant)
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RE: Immigration Action Unconstitutional - 12/17/2014 9:05:14 AM   
CreativeDominant


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quote:

ORIGINAL: BamaD


quote:

ORIGINAL: CreativeDominant


quote:

ORIGINAL: cloudboy

Aliens and lawful permanent residents are ineligible for Gov't benefits. This is a right wing fantasy boogie man. There's also nothing about this in the case cited by the OP. Your import is very similar to Sanity's (rabid personal dislike.)

People who leave their countries, leave everything behind, hoping to find a new opportunity --- are the ones who built and made the USA what it is today. Why do you want to shit on that legacy with such a statement?

------

Here's another eye popping statistic:

The United States has created an enormous deportation machinery. The budget for border security and immigration enforcement in now $18 Billion dollars a year -- substantially more than the budget for all other federal law-enforcement agencies combined (the F.B.I., the D.E.A., the Secret Service, the U.S. Marshalls, and the A.T.F.).

The machinery exists, it has its political incentives, and because it targets are weak, its accountability is slight, its impunity is great.

--New Yorker P. 28. April 29, 2013

Those people that built this country? They were legal immigrants for the most part UNLIKE this new group.

And they wanted to become Americans, not turn us into them.

Or take our benefits while screaming about what a bad place America is.

(in reply to BamaD)
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RE: Immigration Action Unconstitutional - 12/17/2014 9:28:57 AM   
mnottertail


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lol. obiter dicta, not ratio decidendi. meanigless rant from a nutsucker judge appointed by W and trying unsuccessfully to legislate from the bench.

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RE: Immigration Action Unconstitutional - 12/17/2014 11:26:08 AM   
Politesub53


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Would this be the same Judge who has a habit of being yanked off of cases.

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RE: Immigration Action Unconstitutional - 12/17/2014 1:11:07 PM   
cloudboy


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If todays laws were in place 50 and 100 years ago, you might not be here either. The people haven't changed, the laws have.

As much as immigration has built and contributed to the USA (this is an undeniable fact), anti-immigration bigotry has been firmly in place for each wave. You are your ilk are both wrong and consistent in this regard.

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RE: Immigration Action Unconstitutional - 12/17/2014 1:27:05 PM   
BamaD


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quote:

ORIGINAL: cloudboy


If todays laws were in place 50 and 100 years ago, you might not be here either. The people haven't changed, the laws have.

As much as immigration has built and contributed to the USA (this is an undeniable fact), anti-immigration bigotry has been firmly in place for each wave. You are your ilk are both wrong and consistent in this regard.

Yes i would be, some of my ancestors came in the 19th century, some were here when Columbus set sail.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to cloudboy)
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RE: Immigration Action Unconstitutional - 12/17/2014 1:28:35 PM   
BamaD


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Joined: 2/27/2005
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quote:

ORIGINAL: cloudboy


If todays laws were in place 50 and 100 years ago, you might not be here either. The people haven't changed, the laws have.

As much as immigration has built and contributed to the USA (this is an undeniable fact), anti-immigration bigotry has been firmly in place for each wave. You are your ilk are both wrong and consistent in this regard.

Laws have been liberalized. And you miss the point that anti-illegal aliens is not remotely the same as anti alien.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to cloudboy)
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RE: Immigration Action Unconstitutional - 12/17/2014 3:03:35 PM   
CreativeDominant


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[quotatementspvoudboy


If todays laws were in place 50 and 100 years ago, you might not be here either. The people haven't changed, the laws have.

As much as immigration has built and contributed to the USA (this is an undeniable fact), anti-immigration bigotry has been firmly in place for each wave. You are your ilk are both wrong and consistent in this regard.
[/quote]
I'm coming in after Bama on this but once again, your statements prove you to be more prejudiced than I'll ever be.

Once again, I am not against LEGAL immigration. Follow the law and join us.
I am anti-ILLEGAL immigration.

(in reply to cloudboy)
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RE: Immigration Action Unconstitutional - 12/17/2014 3:24:00 PM   
ultragirly


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my first post ....

i actually read the PDF and some cross references and the gist is that the court reined in on presidential powers.
i think a lot of people need to read it because people here and abroad actually think the president can in act laws.
the court stated specifically that to executive orders are procedural by nature where congress left gaps. thus they might even be temporary. the notion of "if congress doesn't act" - sounds almost like Bush and the trial lawyers - was thrown out as an argument.

as the OP did mention, it wasn't about the individual before the court, but the executive order by the president.

the court also clearly offered to the defendant enough venues to proceed.

now when we read in out media what the president does and how great he is (regardless which one), we need to apply our BS filter.

today's action on Cuba is such a case. whilst he may be able to lift some restrictions, he can not lift the embargo. he may not even be able to allow US citizens to travel to Cuba outside the 12 established reasons.

it doesn't matter, if one is for or against what the president does or doesn't do. in this case it was clearly on presidential powers in general. the question however and the quagmire, who will go through the courts to challenge those?

there is no denying that court cases can go on for years and years and sometimes one is dead before a decision has been reached. that is something congress should be working on too.

the, to me refreshing, conclusion is that presidential powers are strictly limited to the executive branch and not the legislative. even if our media frequently ignores that tiny bit of great truth.

King George was (in part) kicked out, because he reined over us at whim and the founding fathers wisely established that this is not to happen again. therefore we do not need a Camelot or any other dynasties of families, which is also a reason why we have term limits.



< Message edited by ultragirly -- 12/17/2014 3:26:16 PM >

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RE: Immigration Action Unconstitutional - 12/17/2014 5:13:40 PM   
Sanity


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A mass migration into the country outside of the laws is properly called an invasion and rather than facilitate invasions, it is the job of the commander-in-chief to challenge and oppose such invasions

_____________________________

Inside Every Liberal Is A Totalitarian Screaming To Get Out

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RE: Immigration Action Unconstitutional - 12/17/2014 5:23:58 PM   
CreativeDominant


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quote:

ORIGINAL: Sanity


A mass migration into the country outside of the laws is properly called an invasion and rather than facilitate invasions, it is the job of the commander-in-chief to challenge and oppose such invasions

It might be his job...but then, he could not be seen as the Great Humanitarian/Apologist

(in reply to Sanity)
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