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Faith  Suspended Member (Idle past 1470 days) Posts: 35298 From: Nevada, USA Joined: |
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Author | Topic: Trump's order on immigration and the wacko liberal response | |||||||||||||||||||||||||||||||||||||||
NoNukes Inactive Member |
As of a few years ago, the Ninth District Court has the distinction of being "the most reversed. That is what Hannity claimed but that stat is incorrect. The Sixth circuit is the most often reversed with about 87 reversal rate. (Ohio, Michigan, Kentucky, Tennesse circuit. Probably not the most liberal...) But note that the Supreme Court probably would not vote to take on a case simply to affirm. In a working, efficient system, most Federal Circuit cases would be either ignored by the Supreme Court or overruled unless there was a conflict between circuits.
quote: The Ninth Circuit is actually third highest. In this case, there is an equally divided Supreme Court rather than a court with a five to four political split. That 5-4 split alone is enough to explain recent differences in confirmation/overturning rates. Trump probably feels that there is no reason to press this issue until he can get his nominee appointed.
Faith writes: Conservative sources frequently refer to this court as the "Circus Court Apparently, conservatives spend more time name calling than they do actual analysis. Edited by NoNukes, : Add stats Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
It isn't black and white. The court has to decide on a shade of gray. That's mitigation. One, that is not mitigation. It is an adjudication of whether or not the claim of self- defense is viable. US law requires exactly the same adjudication, but with less deferring to defendants. (Yes there are some states with more extreme doctrines such as Stand your ground). Since what you say now does not distinguish Canadian law from the law in the US, it is clearly not what you were talking about. Mitigation, as you described it, is a lessening of culpability and punishment rather than an excusal from punishment. Justification, which is what Canada law offers, is complete excusal of criminal punishment for your actions.
Justification is not an eraser. It does remove all criminal punishment. Maybe it does not ease your conscience. Right of self-defense - Wikipedia "Justification does not make a criminal use of force lawful; if the use of force is justified, it cannot be criminal at all." Do you have anything to offer other than assertion? So far it looks like I provide facts, and you just say stuff. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
The problem is that a Religious Test by any other name is STILL Unconstitutional and Trump and his Administration have shown their true colors too many times in too many venues. I'm not completely convinced by this argument for a few reasons. 1. Much of the stuff in the order itself that ties the order to a religious test has been removed. I understand that previous rulings used other Trump statements to augment things in the order, but the strength of such arguments is going to diminish over time (or with the issuance of subsequent orders), particularly if it is clear that Trump has made changes to comply with previous rulings. 2. The easy unconstitutionality arguments, namely the application to visa holders and green card holders are no long viable as the order no longer covers those folks. I note that Hawaii makes the argument that the families of citizens are still affected. Clearly, US citizens and visa holders do have constitutional rights, but the Supreme Court has previously made rulings that such rights are not fundamental, and are not sufficient to override a Congressional statute contrary to those rights. If there is a discriminatory intent, it is clear that Trump is making the attempt to limit the expression of that intent to folks who it is difficult to argue have rights under our constitution. As odious as that might sound, the Supreme Court precedent is that laws such as the Chinese Exclusion Act are constitutional. The Supreme Court also upheld laws that kept folks from India from becoming citizens. These rulings have never been overturned even though the US has in the past issued apologies for its treatment of Chinese. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
Do you have anything concrete to add or is "crazeeeee" really your best contribution?
Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member
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The case we are discussing will be decided in a court of law. Neither side is likely to make idiotic arguments that Islam is not a religion, so I guess both sides are engaging in "Leftist revisionism"
Got anything more helpful to add? Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member
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But it would help if someone argued that the Constitution doesn't protect the "religion" of outsiders if it has violent goals and methods it seeks to use against the nation's people. If that isn't argued either, that's just another expression of Leftist revisionism. Given that Islam is also the religion of a few million insiders, I suspect that making the arguments you recommend would result in the judge considering your representation complete idiots. And of course, your favored argument won't be presented. I've given some suggestion of what might be tried instead and a prediction that such arguments might be more successful. And all without resulting to ridiculous accusations that folks are "possibly following globalist orders to destroy the nation". Whether you like it or not, folks on the left love their country too. I served in the United States military as an officer on submarines which I suspect is more than you've ever done for this country.
What I've said ought to be quite helpful if properly appreciated. Yes. Why don't you pass your suggestions on to the Attorney General so he can get them out to his legal team. That way he can look like a moron in court. I understand that this thread is intended to show the wacko "liberal" response. Perhaps we had best move this thread back onto the topic, because what we seem to be discussing here are wacko, wingnut, responses. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
Technically true, but misleading. The Chinese Exclusion Act was repealed in 1943 and the Immigration and Nationality Act Amendments of 1965 did away with national origin quotas. Not misleading at all. There is clearly an enabling statute that gives the president the power to do ban anyone from any country from entering the US. The question is whether the Trump's EO is a constitutional application of that statute. The reasons for not allowing Chinese folks to enter were about as odious as they come, which supports the conclusion that given an enabling statute, there is no Constitutional issue.
The Executive does not have the authority to override the Legislature. I have no idea what legislative act you think is in the way. I'm certainly not talking about the Chinese Exclusion Act. Edited by NoNukes, : No reason given. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
I hope our new AG is enough up on Constitutional law to know where it was affirmed that even a religion has no rights if it advocates overthrowing the government. I suspect his grasp of the law exceeds yours by quite a bit. For example, I am sure that the AG understands that it is people who have rights and not their religion, although it might be a good idea to give him a reminder that "people" includes folks of color. Here is a Justice Scalia quote for you with emphasis added by me:
quote: I suppose Justice Scalia was just mouthing words from his globalist overseers. AmIrite? The question of whether the constitution covers Islam as a religious belief is not one to be taken seriously. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member
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So give them due process,k what does that have to do with the right to discriminate against them? This question is beyond idiotic. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
No, you are just logic-challenged as usual. Do you know what Due Process means? Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
Rrhain writes: The law as it currently stands states that: No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of nationality What you have quoted is not the entirety of the law. You do not mention the much-discussed 8 U.S. Code 1182(f) which allows the president to determine that certain classes of aliens may be denied entry based on the president's own findings.
quote: Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
1182(f) was enacted as part of the 1952 act. Thanks. Well noted. In any event, this provision has been used by presidents since 1965, including a usage by Jimmy Carter to revoke all Iranian visas back in 1980. Apparently, the 1965 act did not remove this particular presidential power. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member |
Well, it's about time the Constitution of the USA was updated to protect the citizens it was meant to protect. Lol! Nobody "hates America" in quite the way a theocrat does. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member
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Are you really going to claim that legal representation of the accused is an impediment to justice ? Paul, I have to assume that this question is rhetorical. It is the stated position of Faith and marc9000 that folks accused of illegal immigration do not have any constitutional rights or any other right to resist immediate expulsion from this country. If that is your position then, of course, any assistance whatsoever including those provided by law are impediments to kicking the accused the f out of the country. The purpose of the law is to protect immigrants from shysters. That is not the government's purpose here. They are attacking some of the most proficient organizations around to prevent them from providing pro-bono assistance. Surely there is no ripoff going on here. Just a bunch of wingnuts yelling "Get out". I'm a patent attorney, but if I spoke some Spanish, I might consider taking on immigration law based solely on this travesty. Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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NoNukes Inactive Member
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I would like to seem them say that anyone accused of being an illegal immigrant - even if it is untrue - loses all rights. I think statements like this Message 81 are close enough:
Faith writes:
But "real Constitutional rights" belong ONLY to the citizens of the United States. What a bizarre idea that they are to be extended to foreigners. This kind of thinking is promoted by globalists and is designed to destroy national sovereignty
Faith writes: The Constitution does not apply to noncitizens of America. I can hardly believe anyone would make such a claim. Not sure what is left to say...
PaulK writes: I would like them to be honest and admit that their position is unAmerican and unChristian. Yeah, I get that... Edited by NoNukes, : No reason given. Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. Thomas Jefferson Seems to me if its clear that certain things that require ancient dates couldn't possibly be true, we are on our way to throwing out all those ancient dates on the basis of the actual evidence. -- Faith Some of us are worried about just how much damage he will do in his last couple of weeks as president, to make it easier for the NY Times and Washington post to try to destroy Trump's presidency. -- marc9000
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