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Author Topic:   Trump's order on immigration and the wacko liberal response
New Cat's Eye
Inactive Member


Message 466 of 993 (799111)
02-07-2017 12:15 PM
Reply to: Message 464 by ringo
02-07-2017 12:01 PM


Re: jurisdiction
Arming yourself is not seen as a "natural right" in most places outside the US.
Sure it is, nobody says that you can't pick up that chair leg to defend yourself with.

This message is a reply to:
 Message 464 by ringo, posted 02-07-2017 12:01 PM ringo has replied

Replies to this message:
 Message 467 by ringo, posted 02-07-2017 12:21 PM New Cat's Eye has replied

  
ringo
Member (Idle past 442 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 467 of 993 (799112)
02-07-2017 12:21 PM
Reply to: Message 466 by New Cat's Eye
02-07-2017 12:15 PM


Re: jurisdiction
New Cat's Eye writes:
... nobody says that you can't pick up that chair leg to defend yourself with.
As I understand it, in Canadian law (and most civilized jurisdictions) self-defense is not a "natural right" but a mitigating factor - i.e. your punishment may be less if you acted in self-defense.

This message is a reply to:
 Message 466 by New Cat's Eye, posted 02-07-2017 12:15 PM New Cat's Eye has replied

Replies to this message:
 Message 468 by New Cat's Eye, posted 02-07-2017 12:33 PM ringo has replied
 Message 469 by Tangle, posted 02-07-2017 12:43 PM ringo has seen this message but not replied

  
New Cat's Eye
Inactive Member


Message 468 of 993 (799114)
02-07-2017 12:33 PM
Reply to: Message 467 by ringo
02-07-2017 12:21 PM


Re: jurisdiction
As I understand it, in Canadian law (and most civilized jurisdictions) self-defense is not a "natural right" but a mitigating factor - i.e. your punishment may be less if you acted in self-defense.
Section 34 of the Criminal Code of Canada is explicit in justifying you defending yourself from unlawful assault.

This message is a reply to:
 Message 467 by ringo, posted 02-07-2017 12:21 PM ringo has replied

Replies to this message:
 Message 474 by NoNukes, posted 02-07-2017 1:34 PM New Cat's Eye has not replied
 Message 569 by ringo, posted 02-09-2017 10:43 AM New Cat's Eye has not replied

  
Tangle
Member
Posts: 9516
From: UK
Joined: 10-07-2011
Member Rating: 5.1


Message 469 of 993 (799115)
02-07-2017 12:43 PM
Reply to: Message 467 by ringo
02-07-2017 12:21 PM


Re: jurisdiction
Ringo writes:
As I understand it, in Canadian law (and most civilized jurisdictions) self-defense is not a "natural right" but a mitigating factor - i.e. your punishment may be less if you acted in self-defense.
Self-defense is more usually a legal defence - ie. if you can demonstrate that you had good reason to feel in danger of physical harm and used reasonable force to defend against it, you are not guilty of a crime.
If you used unreasonable force, the fact that you we're attacked may be a mitigating factor, but if you chased after a burglar and stabbed him 20 times in the back, you can't hope for much sympathy - in the UK at least.

Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien.
"Life, don't talk to me about life" - Marvin the Paranoid Android
"Science adjusts it's views based on what's observed.
Faith is the denial of observation so that Belief can be preserved."
- Tim Minchin, in his beat poem, Storm.

This message is a reply to:
 Message 467 by ringo, posted 02-07-2017 12:21 PM ringo has seen this message but not replied

  
Modulous
Member
Posts: 7801
From: Manchester, UK
Joined: 05-01-2005


Message 470 of 993 (799116)
02-07-2017 1:18 PM
Reply to: Message 390 by Faith
02-06-2017 8:24 PM


Re: a bet? OK, let's do it
Hi Faith,
Mod, I'm afraid I have to sleep for a while, so I won't be able to respond until later. This happens to me a lot these days, sudden sleepiness.
I understand - I went to bed too, but I'm 5-8 hours ahead of you so it was no problem in any case.
Coyote politely declined to arbitrate, so the be is null and void - but that's just as well for you since you seem to have conceded the point now anyway.
You seem to have been arguing that non-citizens don't have the right to enter the USA with impunity.
I was arguing that there is a deliberate distinction between person and citizen in the Constitution. A person, for instance a tourist, a visitor, or a man still subject to the Emperor of China is bound by the laws of the United States, but also granted the protections of the right to a fair trial, a right to a jury, a right to appeal, a right to remain silent, a right to free speech and freedom of religion. That is: they have equal protection under the law - but not all the same rights as citizens (they don't have the right, necessarily, to stay indefinitely, they don't have the right to vote etc).
That is to say: they have a right to due process whether they are citizens or not. My principle evidence at hand was Yick Wo v Hopkins, already cited:
quote:
The guarantees of protection contained in the Fourteenth Amendment to the Constitution extend to all persons within the territorial jurisdiction of the United States, without regard to differences of race, of color, or of nationality.
Those subjects of the Emperor of China who have the right to temporarily or permanently reside within the United States, are entitled to enjoy the protection guaranteed by the Constitution and afforded by the laws.
That court composed of many judges who were on the Supreme Court when the Fourteenth was ratified - so they have pretty good access to what the intention was, and in fact, by the rules set out in the Constitution, get to essentially clarify any possible ambiguity in meaning.

This message is a reply to:
 Message 390 by Faith, posted 02-06-2017 8:24 PM Faith has replied

Replies to this message:
 Message 475 by Faith, posted 02-07-2017 1:36 PM Modulous has replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 471 of 993 (799117)
02-07-2017 1:20 PM
Reply to: Message 432 by Dr Adequate
02-07-2017 5:24 AM


Re: Lying polls again. Also lying photos
You're good at fake news, maybe you should apply to CNN.
What do you think you are proving with those photos anyway? We know anti-Trump protests are big, but their size doesn't prove anything about the popular vote. Also we know that those protests have been violent, maybe infiltrated by paid agitators that turned them violent, but it's hard to get much objection to it from the left, who seem to like to avocated assassinating Trump and blowing up the white house and that sort of wonderful American peaceful transition sort of thing. And we know that anti-trumpers beat up people who they thought rightly or wrongly voted for Trump.
We also know there weren't any pro-Trump demonstrations. Why should there be? He won. His campaign rallies, however, were huge. Interesting you don't put up a photo of a rally. (Also infiltrated by violent demonstrators).

This message is a reply to:
 Message 432 by Dr Adequate, posted 02-07-2017 5:24 AM Dr Adequate has replied

Replies to this message:
 Message 477 by Dr Adequate, posted 02-07-2017 1:42 PM Faith has not replied
 Message 485 by Modulous, posted 02-07-2017 4:12 PM Faith has replied
 Message 486 by Theodoric, posted 02-07-2017 4:19 PM Faith has not replied

  
NoNukes
Inactive Member


Message 472 of 993 (799118)
02-07-2017 1:25 PM
Reply to: Message 435 by bluegenes
02-07-2017 6:04 AM


It would be quite easy to devise a restriction that would officially apply to all religions and ideologies but would only in fact affect Islam.
And if a court could unravel such a device, it would might still be unconstitutional. If Trump had been mouthing off about keeping Muslims out of the country before passing such a law, a court would consider such ranting as evidence of Trump's intention to pass a law that does not meet the requirements of the first amendment.

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

This message is a reply to:
 Message 435 by bluegenes, posted 02-07-2017 6:04 AM bluegenes has not replied

Replies to this message:
 Message 480 by JonF, posted 02-07-2017 1:55 PM NoNukes has seen this message but not replied

  
PaulK
Member
Posts: 17828
Joined: 01-10-2003
Member Rating: 2.5


(7)
Message 473 of 993 (799119)
02-07-2017 1:32 PM
Reply to: Message 455 by Faith
02-07-2017 11:19 AM


Re: jurisdiction
quote:
This has become such a tangled mess of confusion I don't know if it's possible to sort it out
Let me help you.
Until the last day or so you were arguing that Trump's order was legal because non-citizens had nor rights that could be violated.
Now you have changed your position, admitting that non-citizens do have the rights that your opponents claimed and now arguing that Trumps order was legal because it didn't target anyone who already had a visa even though we already know that it did (and was even intended to target Green Card holders).
Instead of confusing yourself by trying to pretend that your position hasn't changed you could take the honest approach of admitting that you were wrong.

This message is a reply to:
 Message 455 by Faith, posted 02-07-2017 11:19 AM Faith has not replied

  
NoNukes
Inactive Member


Message 474 of 993 (799120)
02-07-2017 1:34 PM
Reply to: Message 468 by New Cat's Eye
02-07-2017 12:33 PM


Re: jurisdiction
Section 34 of the Criminal Code of Canada is explicit in justifying you defending yourself from unlawful assault.
That's true. In fact, Canadian law justifies deadly force in some situations.
quote:
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
Further, it appears that the burden of proof that a defense does not apply is on the Crown rather than on the defendant. That makes self defense somewhat easier to use than in the US.
The problem for your argument is that this is a statutory right and not a natural right.
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

This message is a reply to:
 Message 468 by New Cat's Eye, posted 02-07-2017 12:33 PM New Cat's Eye has not replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 475 of 993 (799121)
02-07-2017 1:36 PM
Reply to: Message 470 by Modulous
02-07-2017 1:18 PM


Re: a bet? OK, let's do it
I didn't concede Mod. After all the confusion I simply tried to define what I was trying to say all along, that the Constitution -- as a whole -- doesn't apply to people who have no right to be here. I also had to take note of the fact that parts of the Constitution have to apply to anybody because they are general human rights, which Cat Sci pointed out are given by God. That's not what I meant by Constitutional rights; of course anyone has those basic rights, but they don't have all Constitutional rights, and there is no Constitutional right to enter this country. The "noncitizens" in the 14th Amendment are slaves who should have been made citizens because they were born here or live here.
I may not be getting it said right here either.
But I may have said it more clearly in Message 455
Unless you want to try to prove that the 14th amendment confers citizenship on illegal aliens I don't think there's much left to debate or bet about.

This message is a reply to:
 Message 470 by Modulous, posted 02-07-2017 1:18 PM Modulous has replied

Replies to this message:
 Message 478 by NoNukes, posted 02-07-2017 1:43 PM Faith has not replied
 Message 482 by Modulous, posted 02-07-2017 1:59 PM Faith has not replied

  
NoNukes
Inactive Member


(2)
Message 476 of 993 (799122)
02-07-2017 1:40 PM
Reply to: Message 455 by Faith
02-07-2017 11:19 AM


Re: jurisdiction
So the 14th amendment was held up as an example of noncitizens who have Constitutional rights. Turns out the main class of people that applies to were slaves who live here already, were even born here, and now jar points out were just brought here, but didn't have citizenship. I certainly did not have them in mind. The amendment can't possibly be granting citizenship to anyone who just happens to come into the US and demand it; it has to be granting citizenship to people who clearly should have it, such as the slaves who already lived here, even those brought here to be slaves.
You are severely confused. Nobody is claiming that green card holders are citizens. They were not born here. The claim is that "persons" means more than folks who are eligible to become citizens.
Further, how does the 14th amendment grant citizenship to slaves who were not born here?
It doesn't apply to people here illegally or people who want to come in who have not been given permission or any kind of legal right to come in, which I think fairly well defines the groups I'm talking about, as I understand it so far anyway.
You assert that in view of words to the contrary without offering any argument for your claim. The issue of whether non-citizens have rights under the constitution, regardless of how odious folks thing they are, was decided in court 150 years ago. If you have a better argument other than, Faith hates Islam, now might be the time to present that.

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

This message is a reply to:
 Message 455 by Faith, posted 02-07-2017 11:19 AM Faith has not replied

  
Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


(1)
Message 477 of 993 (799123)
02-07-2017 1:42 PM
Reply to: Message 471 by Faith
02-07-2017 1:20 PM


Re: Lying polls again. Also lying photos
You're good at fake news, maybe you should apply to CNN.
What did I say that was "fake"?
What do you think you are proving with those photos anyway?
Not much, I'm just enjoying myself.
Also we know that those protests have been violent ...
http://thehill.com/...-washington-yields-zero-arrests-report
No arrests made during massive Women's March in downtown Los Angeles - ABC7 Los Angeles
We also know there weren't any pro-Trump demonstrations. Why should there be?
Oh, there've been plenty. It's just that they've been tiny.

This message is a reply to:
 Message 471 by Faith, posted 02-07-2017 1:20 PM Faith has not replied

Replies to this message:
 Message 481 by JonF, posted 02-07-2017 1:58 PM Dr Adequate has not replied
 Message 493 by JonF, posted 02-07-2017 8:10 PM Dr Adequate has not replied

  
NoNukes
Inactive Member


Message 478 of 993 (799124)
02-07-2017 1:43 PM
Reply to: Message 475 by Faith
02-07-2017 1:36 PM


Re: a bet? OK, let's do it
nd there is no Constitutional right to enter this country.
Generally speaking, foreigners do not have that right, but once the country grants them such rights, then they do have something that requires due process to take away.
Unless you want to try to prove that the 14th amendment confers citizenship on illegal aliens I don't think there's much left to debate or bet about.
That is not what the bet is about. Of course neither legal nor illegal aliens are citizens. Nobody is debating that idiotic position.

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

This message is a reply to:
 Message 475 by Faith, posted 02-07-2017 1:36 PM Faith has not replied

  
Modulous
Member
Posts: 7801
From: Manchester, UK
Joined: 05-01-2005


Message 479 of 993 (799125)
02-07-2017 1:48 PM
Reply to: Message 435 by bluegenes
02-07-2017 6:04 AM


You seem to agree with the point I've made to others; that there is already discrimination against certain religious beliefs in immigration policy.
Well yes and no. The belief that it is justified and imperative to kill US citizens isn't strictly a religious belief, even if some people justify this using their religion. But regardless of how you slice it - nobody is suggesting that one's freedom of religion outweighs the right to life, liberty etc. I don't see how this is relevant to Trump's order, however.
Trump's order is not about prohibiting people based on their intent to cause harm. Where religious discrimination may enter into it is focussed on prioritizing non-Muslims (esp Christians) over Muslims for visa/refugee processing.
Trump is certainly on dodgy ground in singling out nations, apparently, because of a 1965 law that forbids discrimination in immigration based on nationality.
Indeed, the Immigration and Nationality Act is an important issue in this case. The debate is about weighing section 1152a1a
quote:
Except as specifically provided in paragraph (2) and in sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.
against section 212f:
quote:
Waiver authorized.-For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).
Sectoin h, in summary:
quote:
Any alien who commits or conspires to commit human trafficking offenses
BENEFICIARIES OF TRAFFICKING
MONEY LAUNDERING
-Any alien who-
(I), (II) has engaged in a terrorist activity, or is likely to engage after entry in any terrorist activity
(III) has with an intention to cause death or serious bodily harm, incited terrorist activity
(IV) is a representative of a terrorist organization,a political, social, or other group that endorses or espouses terrorist activity
(V) is a member of a terrorist organization
(VI) unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;
(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;
(VIII) has received military-type training ) from or on behalf of any organization that, at the time the training was received, was a terrorist organization
(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years
is an officer, official, representative, or spokesman of the Palestine Liberation Organization
Other sections such as 215a1 may also come into play:
quote:
Unless otherwise ordered by the President, it shall be unlawful-
for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;
It would be quite easy to devise a restriction that would officially apply to all religions and ideologies but would only in fact affect Islam.
What about a temporary complete ban on any religion or well defined ideological group if members of the group have committed more than twenty separate lethal attacks on unarmed civilians in more than twenty different countries in this century? Sounds quite reasonable on the face of it.
Maybe so, but this is Law - you'd need to define what you mean by 'any group' as it is too broad (for the sake of readability I cut out all the "as defined in clause (vi)(I), (vi)(II) or (vi)(III)" stuff in the above law quote). After all, all visa applicants belong to the group 'human', who would definitely meet the criteria you laid out. 'Muslim' is a bit too broad too, and unreasonably specific at the same time - ie., it is too arbitrary. Why not 'Abrahamic faiths'? If you try to define the group carefully, but cannot actually show that all members of that group pose an actual threat to the USA, you are going to risk running into Establishment Clause, Freedom of Religion, Equal Protection....etc etc.

This message is a reply to:
 Message 435 by bluegenes, posted 02-07-2017 6:04 AM bluegenes has replied

Replies to this message:
 Message 484 by bluegenes, posted 02-07-2017 4:10 PM Modulous has replied

  
JonF
Member (Idle past 198 days)
Posts: 6174
Joined: 06-23-2003


(1)
Message 480 of 993 (799126)
02-07-2017 1:55 PM
Reply to: Message 472 by NoNukes
02-07-2017 1:25 PM


It would be quite easy to devise a restriction that would officially apply to all religions and ideologies but would only in fact affect Islam.
And if a court could unravel such a device, it would might still be unconstitutional. If Trump had been mouthing off about keeping Muslims out of the country before passing such a law, a court would consider such ranting as evidence of Trump's intention to pass a law that does not meet the requirements of the first amendment
Chris Christie stated that he did what Faith wants. The courts currently considering Trump's ban are allowed to take note of such statements and consider the motives of the people involved.

This message is a reply to:
 Message 472 by NoNukes, posted 02-07-2017 1:25 PM NoNukes has seen this message but not replied

  
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