The Briefing Room

General Category => Editorial/Opinion/Blogs => Topic started by: txradioguy on April 23, 2018, 04:56:05 pm

Title: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 04:56:05 pm
The “but Gorsuch…” rallying cry for voting GOP is starting to run out of gas as the judiciary gets worse and worse and even “our” appointees find some convoluted reason to go along with the left-wing judicial supremacists who make a mockery of the will of the people.

In case you thought courts granting new rights to criminal aliens was a pastime only of the left-wing judges on the Ninth Circuit, think again. Yesterday, Neil Gorsuch joined with the four most extreme-left justices to rule that an entire statute of Congress mandating deportation for criminal aliens convicted of a crime of violence is “unconstitutionally vague.” While many conservative commentators defending and even championing his opinion are focusing on the regulatory aspect of Gorsuch’s rationale as it applies to general criminal law, they fail to observe that this is truly unprecedented and divorced from our entire history of immigration jurisprudence on deportations.

The case, Sessions v. Dimaya, was about a foreign national who was convicted twice of burglary and was ordered to be deported by the Obama administration. The Ninth Circuit stepped in and said the clause of the law used to deport him was unconstitutional, because it is evidently unconstitutional to enforce our own immigration laws unless we spell out every possible crime in the statute so that foreign nationals know the entire laundry list of crimes for which they can be deported. A right to know!

The Supreme Court score was tied at 4-4, as even Anthony Kennedy agreed that we have a sovereign right to deport anyone pursuant to statute. By definition, a deportation statute cannot be unconstitutional unless the individual is a citizen. This was the quintessential case that was reheard so that Gorsuch could hear the case and cast his vote. Surprise! He was the deciding vote for the other side.

<snip>

Gorsuch’s entire argument misses the point that immigration is different altogether. No foreign national has the right to remain here against the will of the political branches. Gorsuch dealt with this point in only one sentence when he acknowledged the president’s power over immigration, but charged that “to acknowledge that the president has broad authority to act in this general area supplies no justification for allowing judges to give content to an impermissibly vague law.”

This is a very disturbing line of argument. Gorsuch is suggesting that it is automatically the court’s job to control the permissibility of a deportation. In reality, courts have no authority to block deportations unless a statute explicitly allows someone to stay. In this case, no sane person could have thought that committing two burglaries wouldn’t risk the criminal’s immigration status. Indeed, not a single judge ever thought to mess with this statute for decades. Similar statutes have been on the books since colonial times. Yet Gorsuch has the hubris to throw out the plenary power doctrine on immigration without even addressing it. â€œThis Court has repeatedly emphasized that ‘over no conceivable subject is the legislative power of Congress more complete than it is over’ the admission of aliens.”

What is even more disconcerting and broadly consequential is that Gorsuch conflates deportation with a criminal penalty. Even if Gorsuch were correct about adding a strict “fair notice standard” into the due process clause and even broadly applying it to foreign nationals, he fails to acknowledge that an uninterrupted stream of settled case law deems deportation as an extension of sovereignty, not a criminal punishment. Sure, we can’t indefinitely detain (without intent to deport) even an illegal alien without due process, but we can say goodbye to any illegal or legal immigrant we don’t want.

James Iredell, one of the authors of Article III of the Constitution and a founding member of the Supreme Court, addressed this principle in 1799:

Quote
“[A]ny alien coming to this country must or ought to know, that this being an independent nation, it has all the rights concerning the removal of aliens which belong by the law of nations to any other; that while he remains in the country in the character of an alien, he can claim no other privilege than such as an alien is entitled to, and consequently, whatever [risk] he may incur in that capacity is incurred voluntarily, with the hope that in due time by his unexceptionable conduct, he may become a citizen of the United States.”

https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/ (https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/)
Title: Re: Gorsuch is dead wrong on immigration
Post by: roamer_1 on April 23, 2018, 05:01:40 pm
So much for the rock-ribbed originalist...
Title: Re: Gorsuch is dead wrong on immigration
Post by: GrouchoTex on April 23, 2018, 05:04:47 pm
Gorsuch dealt with this point in only one sentence when he acknowledged the president’s power over immigration, but charged that “to acknowledge that the president has broad authority to act in this general area supplies no justification for allowing judges to give content to an impermissibly vague law.”

This is a very disturbing line of argument.


I disagree.
It was the proper ruling.
He won't  (the judiciary, that is) fill in the blanks and legislate from the bench, a vague law.
We would hope no conservative judge does this.
This will have to go back to congress to have a more defined bill passed, as it should.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 05:10:59 pm
Gorsuch dealt with this point in only one sentence when he acknowledged the president’s power over immigration, but charged that “to acknowledge that the president has broad authority to act in this general area supplies no justification for allowing judges to give content to an impermissibly vague law.”

This is a very disturbing line of argument.


I disagree.
It was the proper ruling.
He won't  (the judiciary, that is) fill in the blanks and legislate from the bench, a vague law.
We would hope no conservative judge does this.
This will have to go back to congress to have a more defined bill passed, as it should.

He's trying to equate criminal law with immigration law to come to his wrong conclusion.  Conservative justices made the right ruling...based on case history and immigration law going back to the founding of the country...sadly they were in the minority.

This is like when Roberts decided a penalty was actually a tax therefor constitutional and Obamacare could stand.

Gorsuch rewrote what immigration law is supposed to be and do based on criminal law and is in danger of creating due process rights for people who have never had them in the pasts...nor should they have them now.

Gorsuch just helped the left's cause for stealing our sovereignty by allowing illegals to stay in this country regardless of what the immigration laws says.


As the article said what Gorsuch did was to "throw out the plenary power doctrine on immigration without even addressing it."
Title: Re: Gorsuch is dead wrong on immigration
Post by: ABX on April 23, 2018, 05:13:50 pm
So much for the rock-ribbed originalist...

So far this is his first major ruling to judge where he goes....

John Roberts was also originally sold as a rock-ribbed originalist and an appeasement to Conservatives after the whole Harriet Meyers fiasco.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 23, 2018, 05:18:49 pm
So fix the law, specify classes of crimes by US code (and any State or local law covering the same criminal acts), and toss them out. AMF!
Title: Re: Gorsuch is dead wrong on immigration
Post by: cato potatoe on April 23, 2018, 05:59:01 pm
Unfortunately, this law is not going to be revisited while Schumer is the leader of his party.  If by some miracle it is, any replacement is bound to have some degree of vagueness ... unless they can list every circumstance leading to the arrest of an illegal immigrant.  It looks like Gorsuch screwed us over & I don't blame Trump for being upset about it.
Title: Re: Gorsuch is dead wrong on immigration
Post by: roamer_1 on April 23, 2018, 06:21:42 pm
So far this is his first major ruling to judge where he goes....

John Roberts was also originally sold as a rock-ribbed originalist and an appeasement to Conservatives after the whole Harriet Meyers fiasco.

That's right, and precisely why I was reticent in giving praise wrt his appointment. BOHICA  *****rollingeyes***** **nononono*
Title: Re: Gorsuch is dead wrong on immigration
Post by: truth_seeker on April 23, 2018, 06:34:21 pm
HBR
GBR
TBR

Hannity, Gorsuch are merely surrogatess, for Trump and Trump Bashing Room's daily media feed of anti-Trump stories.

Wash, rinse, repeat. Gotcha, gotcha.


Title: Re: Gorsuch is dead wrong on immigration
Post by: Sanguine on April 23, 2018, 06:34:49 pm
He's trying to equate criminal law with immigration law to come to his wrong conclusion.  Conservative justices made the right ruling...based on case history and immigration law going back to the founding of the country...sadly they were in the minority.

This is like when Roberts decided a penalty was actually a tax therefor constitutional and Obamacare could stand.

Gorsuch rewrote what immigration law is supposed to be and do based on criminal law and is in danger of creating due process rights for people who have never had them in the pasts...nor should they have them now.

Gorsuch just helped the left's cause for stealing our sovereignty by allowing illegals to stay in this country regardless of what the immigration laws says.


As the article said what Gorsuch did was to "throw out the plenary power doctrine on immigration without even addressing it."

I agree.  I think he's wrong.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 06:39:03 pm
HBR
GBR
TBR

Hannity, Gorsuch are merely surrogatess, for Trump and Trump Bashing Room's daily media feed of anti-Trump stories.

Wash, rinse, repeat. Gotcha, gotcha.

Care to discuss any of the merits of the article...the legal basis for the dissent and the majority opinion?

Or are you just here again to crap on the carpet and start a fight?
Title: Re: Gorsuch is dead wrong on immigration
Post by: corbe on April 23, 2018, 06:49:40 pm
HBR
GBR
TBR

Hannity, Gorsuch are merely surrogatess, for Trump and Trump Bashing Room's daily media feed of anti-Trump stories.

Wash, rinse, repeat. Gotcha, gotcha.




   I'm of the opinion @truth_seeker  that there are enough Trumpers here (who incidentally can post articles, also) to give TBR an aire of legitimacy.  Am I wrong?
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 23, 2018, 06:49:58 pm
Some folks here may despise immigrants, but they're entitled to the due process of law.  And due process is imperiled if the law is unconstitutionally vague, leaving its disposition up to the arbitrary discretion and potential abuse of the government.

Gorsuch's opinion may have been in the context of protecting someone belonging to a class of human beings that some folks here revile,  but the principle he stands for protects the rights of you and me too. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 06:52:27 pm
Folks here may despise immigrants, but they're entitled to the due process of law.  And due process is imperiled if the law is unconstitutionally vague, leaving its disposition up to the discretion and potential abuse of the government.

Gorsuch's opinion may have been in the context of protecting someone folks here revile,  but the principle he stands for protects the rights of you and me too.

First off no one here "despises" immigrants.

Illegal immigrants are NOT entitled to due process of U.S. law.  They never have been in the history of this country...and they shouldn't be allowed going forward.

Gorsuch wrongly mixed criminal and immigration law to side with the Liberals on the court.

He wiffed on his first major ruling where his vote was the deciding factor.
Title: Re: Gorsuch is dead wrong on immigration
Post by: driftdiver on April 23, 2018, 06:52:39 pm
Folks here may despise immigrants, but they're entitled to the due process of law.  And due process is imperiled if the law is unconstitutionally vague, leaving its disposition up to the discretion and potential abuse of the government.

Gorsuch's opinion may have been in the context of protecting someone folks here revile,  but the principle he stands for protects the rights of you and me too.

@Jazzhead
Nobody here despises immigrants.  Most of us came from immigrants.

What we despise is contempt for the law and the undermining of our national security.

Our immigration law is a mess and is broken.   Fix it instead of ignoring the law and giving preferential treatment to those who break it.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 06:53:08 pm
@Jazzhead
Nobody here despises immigrants.  Most of us came from immigrants.

What we despise is contempt for the law and the undermining of our national security.

Our immigration law is a mess and is broken.   Fix it instead of ignoring the law and giving preferential treatment to those who break it.

Exactly.
Title: Re: Gorsuch is dead wrong on immigration
Post by: truth_seeker on April 23, 2018, 06:56:29 pm
Care to discuss any of the merits of the article...the legal basis for the dissent and the majority opinion?

Or are you just here again to crap on the carpet and start a fight?
I'm just here to "crap on the carpet," with my bias. Just like the never ending feed of anti-Trump biased material which is the main emphasis here.

The curated feed, if you will.


Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 06:56:56 pm
Some folks here may despise immigrants, but they're entitled to the due process of law.  And due process is imperiled if the law is unconstitutionally vague, leaving its disposition up to the arbitrary discretion and potential abuse of the government.

Gorsuch's opinion may have been in the context of protecting someone belonging to a class of human beings that some folks here revile,  but the principle he stands for protects the rights of you and me too.

Chew on this counselor.

Quote
The consequences of Gorsuch’s conflation of deportation with a criminal penalty are grave and sweeping. This will not only be used for criminal alien crime cases, which alone will open the door for thousands of terrible criminals to stay in this country. It will be used to grant rights even to illegal aliens. Gorsuch is reading case law on due process for aliens as a right to judicial review, not just an executive hearing, and he is applying it to deportation instead of only to indefinite detention.

The tens of thousands of truculent immigration lawyers will now litigate every single deportation to death. Section 212 of the INA gives broad authority to the executive branch to keep out those who are determined to be drug users. Are we now going to question such determinations?
What else do immigrants have the right to know before we can deport them? District and appellate judges are already granting a right to advanced notice of deadlines of asylum applications and mandating that illegal alien teenagers be told of their “right” to an abortion.

Gorsuch cleverly uses a left-wing trick of creating a surreptitious, yet broadly consequential new right, but couches it as a narrow textual reading that can easily be remedied by a new law. “It’s important to note the narrowness of our decision today,” declared a disingenuous Gorsuch. Yup, very narrow, inverting the fundamental relationship between the sovereign citizen and a foreign national.

https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/ (https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/)

And don't sweep away the legal argument against what Gorsuch did with your vague generalities and dismissive tone like you always do.

Explain to us exactly how it's the right decision when never in our history has criminal law been applied to immigration law cases. the way that it is now in an attempt to do an end run on criminals being deported.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 06:58:25 pm
I'm just here to "crap on the carpet," with my bias. Just like the never ending feed of anti-Trump biased material which is the main emphasis here.

The curated feed, if you will.

And you're one of the biggest reasons why there is such a divide at TBR.  You foment it...and encourage it and purposely do what you can to keep the sh*t stirred.
Title: Re: Gorsuch is dead wrong on immigration
Post by: driftdiver on April 23, 2018, 07:03:49 pm
And you're one of the biggest reasons why there is such a divide at TBR.  You foment it...and encourage it and purposely do what you can to keep the sh*t stirred.

Yeah all those comments that lump any and all Trump supporters into one evil smelly group has nothing to do with it.  Like the one that said all people who voted for Trump surrendered their principles.  (actually accused us of surrendering our principals but we understood what you meant.)
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 07:07:49 pm
Yeah all those comments that lump any and all Trump supporters into one evil smelly group has nothing to do with it.  Like the one that said all people who voted for Trump surrendered their principles.  (actually accused us of surrendering our principals but we understood what you meant.)

ANd you were doing so well...we were actually in agreement on a subject against a Liberal.

*sigh*

Oh well it was good while it lasted.

How about you get as pissed at the person that purposely disrupted a thread that was actually sticking to the topic?

Or is that too hard for you to do?
Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 23, 2018, 07:32:38 pm
Chew on this counselor.

https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/ (https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/)

And don't sweep away the legal argument against what Gorsuch did with your vague generalities and dismissive tone like you always do.

Explain to us exactly how it's the right decision when never in our history has criminal law been applied to immigration law cases. the way that it is now in an attempt to do an end run on criminals being deported.
This might even have implications for the expulsion of foreign diplomats engaged in espionage, because it isn't 'violent' enough.

A solution might be to declare these people a national security risk, whisk 'em away to GITMO, and send them home. If we can't secure our borders, our nation is at risk.

Also, did Gorsuch conflate illegal aliens with those here legally when he was doling out rights from the bench? There IS a difference, and one does not equal the other.

Unfortunately, this is a disappointing setback on the illegal immigration issue.

IMHO, Gorsuch and 4 others own this decision, no one else, except the people in Congress.
Considering that out of that bunch there are over 200 lawyers and 100 whose profession was "education", they should be able to craft Bills which pass muster. ( Source: https://fas.org/sgp/crs/misc/R43869.pdf (https://fas.org/sgp/crs/misc/R43869.pdf) p.5).

This implies some nonfeasance on their part, or intentional loopholes left to feed the lawyers and ensure invasion.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 07:40:22 pm
This might even have implications for the expulsion of foreign diplomats engaged in espionage, because it isn't 'violent' enough.

A solution might be to declare these people a national security risk, whisk 'em away to GITMO, and send them home. If we can't secure our borders, our nation is at risk.

Also, did Gorsuch conflate illegal aliens with those here legally when he was doling out rights from the bench? There IS a difference, and one does not equal the other.

Unfortunately, this is a disappointing setback on the illegal immigration issue.

IMHO, Gorsuch and 4 others own this decision, no one else, except the people in Congress.
Considering that out of that bunch there are over 200 lawyers and 100 whose profession was "education", they should be able to craft Bills which pass muster. ( Source: https://fas.org/sgp/crs/misc/R43869.pdf (https://fas.org/sgp/crs/misc/R43869.pdf) p.5).

This implies some nonfeasance on their part, or intentional loopholes left to feed the lawyers and ensure invasion.

I believe the issue strictly dealt with deportation of illegals.  Not legal resident aliens.

I like your suggestion on how to deal with the illegals because of this ruling.  It might be an eye opener for some of those MS13 cretins being let out and set free to see what GITMO is really all about.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 23, 2018, 07:47:00 pm
I believe the issue strictly dealt with deportation of illegals.  Not legal resident aliens.

I like your suggestion on how to deal with the illegals because of this ruling.  It might be an eye opener for some of those MS13 cretins being let out and set free to see what GITMO is really all about.
Well, if the illegals who have committed violent offenses get released because they have 'rights', how long before domestic mother rapers and father stabbers demand Equal Protection under the Law?
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 23, 2018, 07:48:33 pm
First off no one here "despises" immigrants.

 :silly: :silly: :silly:

Quote
Illegal immigrants are NOT entitled to due process of U.S. law.  They never have been in the history of this country...and they shouldn't be allowed going forward.

EVERYONE is entitled to the due process of law.   The law will differ significantly with respect to those here illegally, but that does not mean the government can act arbitrarily without regard to the law.  And besides, the individual in this case was NOT an illegal alien.  He is a lawful permanent resident of the United States.  The fact that you didn't bother to ascertain that key fact is the reason that your first statement above is followed by three  :silly:.   

Quote
Gorsuch wrongly mixed criminal and immigration law to side with the Liberals on the court.

He wiffed on his first major ruling where his vote was the deciding factor.

His decision was based on the due process right afforded to all of us.   Due process is guaranteed to both criminals and immigrants.   

The solution is simple - fix the statute if you want lawful permanent residents to be subject to deportation for simple burglary.  Otherwise, be glad that Justice Gorsuch is ruling as a true and impartial Constitutional conservative should.     
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 23, 2018, 07:52:36 pm
@Jazzhead You are deliberately conflating "immigrants" with "illegal immigrants."  I would remind you that is a hallmark of a far leftist, which is what most of us on this forum claim you really are, in contradiction to your assurances of being a "Reagan Republican."  Your scoffing in the post above merely reinforces our perception of you and your beliefs.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Frank Cannon on April 23, 2018, 07:54:02 pm
First off, Dimaya was a legal alien in this country, not an illegal one. Secondly this law was vague and sucked. Someone making an FTD flower delivery could be in violation of this burglary law. Lastly Scalia ruled the same way for the same reasons in Johnson v. US where another shit law with vague details threw a skinhead behind bars.

I would rather have an end to these garbage laws than have this dude deported. Having Dimaya living in the Philippians again doesn't effect the country one bit. Having a dangerous law like this on the books does.

Good decision by Gorsuch.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 23, 2018, 07:59:59 pm
First off, Dimaya was a legal alien in this country, not an illegal one. Secondly this law was vague and sucked. Someone making an FTD flower delivery could be in violation of this burglary law. Lastly Scalia ruled the same way for the same reasons in Johnson v. US where another shit law with vague details threw a skinhead behind bars.

I would rather have an end to these garbage laws than have this dude deported. Having Dimaya living in the Philippians again doesn't effect the country one bit. Having a dangerous law like this on the books does.

Good decision by Gorsuch.

A better defense of Gursuch's ruling than a row of laughing heads. Thanks.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 08:06:00 pm
Quote
Lastly Scalia ruled the same way for the same reasons in Johnson v. US where another shit law with vague details threw a skinhead behind bars.

Not so fast.  The Scalia ruling has nothing to do with this case.

Quote
Gorsuch relies on Scalia’s non-immigration decision on vagueness doctrine in Johnson, but as it relates to our immigration jurisprudence and history, he’d be wise to heed Scalia’s own advice. Scalia noted in a speech shortly before he passed away that modern justices place their interpretation of abstract principles over “the lived experiences and customs” of the American people. Referring to long-standing American traditions, Scalia admonished his fellow jurists to approach those issues with the mindset that a jurist “does not judge them; he is judged by them.”

And also:

Quote
Scalia, who in general did not like vague statutes, would be appalled at granting such rights to aliens. He was a strong believer in sovereignty and the plenary power doctrine. In his famous Zadvydas v. Davis dissent, he wrote categorically, “Insofar as a claimed legal right to release into this country is concerned, an alien under final order of removal stands on an equal footing with an inadmissible alien at the threshold of entry: He has no such right.”

Scalia made fun of the majority opinion that “obscured” the distinction between deportation and criminal punishment in “legal fog” to somehow suggest aliens have rights to remain in the country. The court used similar case law that merely prevented the government from throwing an alien in a labor camp without a judicial trial. “I am sure they cannot be tortured, as well–but neither prohibition has anything to do with their right to be released into the United States,” scoffed Scalia.

https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/ (https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/)

Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 23, 2018, 08:06:45 pm
Quote
The case, Sessions v. Dimaya, was about a foreign national who was convicted twice of burglary and was ordered to be deported by the Obama administration.

At issue was not whether he received Due Process of law: He had been TWICE convicted of his particular crime. What was at issue was whether the Obama Administration could deport him.
Whether here legally or illegally, a foreign national can be deported for persistent criminal activity, including being here illegally. We are under no obligation to continue to tolerate such behaviour from our guests, and criminal behaviour is sufficient cause to revoke any legal status. We have expelled diplomats over such (generally espionage), we can sure kick out anyone else. IMHO, Gorsuch is in error.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 23, 2018, 08:14:44 pm


EVERYONE is entitled to the due process of law.   The law will differ significantly with respect to those here illegally, but that does not mean the government can act arbitrarily without regard to the law.  And besides, the individual in this case was NOT an illegal alien.  He is a lawful permanent resident of the United States.  The fact that you didn't bother to ascertain that key fact is the reason that your first statement above is followed by three  :silly:.

The court settled this point long ago in Fong Yue Ting v. United States (1893): “[Deportation] is but a method of enforcing the return to his own country of an alien who has not complied with [statutory] conditions. … He has not, therefore, been deprived of life, liberty, or property without due process of law.”

As Clarence Thomas mentioned in his dissent, none other than judicial strongman John Marshall wrote in an address to the Virginia state legislature that “the right of remain­ing in our country is vested in no alien; he enters and remains by the courtesy of the sovereign power, and that courtesy may at pleasure be withdrawn” without judicial review.

Quote
His decision was based on the due process right afforded to all of us.   Due process is guaranteed to both criminals and immigrants.


Criminal Law and Immigration law are two different things.  It's apples and oranges to try and compare the two.   To conflate the two is bad law.

Quote
The solution is simple - fix the statute if you want lawful permanent residents to be subject to deportation for simple burglary.  Otherwise, be glad that Justice Gorsuch is ruling as a true and impartial Constitutional conservative should.   

Gorsuch just gave a gift to Liberals and the no borders crowd.  You'd think someone with a law degree would KNOW that.

But then you think a  legal scholar would also know that since the beginning of the nation that to throw out the plenary power doctrine on immigration and the case law settled where this concerned is setting a dangerous precedent going forward and threatens the sovereignty of the nation.
Title: Re: Gorsuch is dead wrong on immigration
Post by: GrouchoTex on April 23, 2018, 08:22:26 pm
First off, Dimaya was a legal alien in this country, not an illegal one. Secondly this law was vague and sucked. Someone making an FTD flower delivery could be in violation of this burglary law. Lastly Scalia ruled the same way for the same reasons in Johnson v. US where another shit law with vague details threw a skinhead behind bars.

I would rather have an end to these garbage laws than have this dude deported. Having Dimaya living in the Philippians again doesn't effect the country one bit. Having a dangerous law like this on the books does.

Good decision by Gorsuch.

@Frank Cannon
I think this is the major difference.
He was a legal resident at the time of the crime, therefore the act of deportation, that you would do with someone here illegally, may or may not be in play, thus the vagueness of the law.

Of course, if a legal resident goes around committing crimes, we may all agree that we don't want them here anymore, but the law isn't that clear on this, and needs to be.

You know, I am all for the wall, more border agents, better techniques to find those who have over stayed visas, etc.
However, the laws being written and enforced correctly are paramount, or we are no better off than some 3rd world country, that makes it up as they go along.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Frank Cannon on April 23, 2018, 08:33:48 pm
Not so fast.  The Scalia ruling has nothing to do with this case.

And also:

https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/ (https://www.conservativereview.com/articles/gorsuch-dead-wrong-immigration/)

See. You are bogged down on immigration when this has nothing to do with immigration. This has to do with if a law is vague or not. This law is as vague as it gets as far as it's violence component. Immigration is just an aside to all of this. If he committed a murder or a rape there wouldn't be an argument here.

BTW if I go to Spain and rob a house, I am afforded the same legal protections as anyone else in that country legal wise. Same for a lot of places. If a Brit robs a house here in the US he is given the same protections. It's how our system works. If not, jurisdictions would be allowed to excite foreigners committing crimes on sight. Punishment though is a different matter. We should be able to eject people once they went through the system. Problem is that we have a vague law being used that doesn't give people a clear set of rules to live by. I've never considered burglary a violent crime and neither do millions of people out there, but it is if this shit law is allowed to stand.
Title: Re: Gorsuch is dead wrong on immigration
Post by: EasyAce on April 23, 2018, 08:45:17 pm
I've often said, and I still believe, that there will be times when taking the truly conservative route will anger enough because in the case of a particular law under purview the net result would prove to fly against a particular preference. Gorsuch in his concurrence (he didn't write for the majority) took the properly conservative route and argued against the continuance of a bad law or badly-written law.

The principle Gorsuch enunciates here regarding one provision of immigration law is a scythe sharp enough to slice through
many practices of the administrative state, which translates often vague congressional sentiments into binding rules, a practice
indistinguishable from legislating. Gorsuch’s principle is also pertinent to something pernicious concerning which he has hitherto
expressed wholesome skepticism: “Chevron deference.”

This is the policy (named for the 1984 case in which the Supreme Court propounded it) whereby courts are required to defer to
administrative agencies’ interpretations of “ambiguous” laws when the interpretations are “reasonable.” Gorsuch has criticized this
emancipation of the administrative state from judicial supervision as “a judge-made doctrine for the abdication of judicial duty.” It
also is an incentive for slovenly lawmaking by a Congress too lazy or risk-averse to be precise in making policy choices, and so
lacking in institutional pride that it complacently sloughs off its Article I powers onto Article II entities. Gorsuch wants Article III
courts to circumscribe this disreputable behavior.

Gorsuch represents the growing ascendency of one kind of conservative jurisprudence, “judicial engagement,” over another kind,
“judicial deference.” Many conservatives have embraced populism where it least belongs, in judicial reasoning. They have advocated
broad judicial deference to decisions because they emanate from majoritarian institutions and processes. Progressives favor such
deference because it liberates executive power from congressional direction or judicial supervision. Gorsuch, a thinking person’s
conservative, declines to be complicit in this . . .


---George F. Will.

Before holding a lawful permanent resident alien like James Dimaya subject to removal for having committed a crime,
the Immigration and Nationality Act requires a judge to determine that the ordinary case of the alien's crime of conviction involves
a substantial risk that physical force may be used. But what does that mean? Just take the crime at issue in this case, California
burglary, which applies to everyone from armed home intruders to door-to-door salesmen peddling shady products. How, on that
vast spectrum, is anyone supposed to locate the ordinary case and say whether it includes a substantial risk of physical force? The
truth is, no one knows. The law's silence leaves judges to their intuitions and the people to their fate. In my judgment, the
Constitution demands more.


---Justice Gorsuch, in his concurring opinion, Sessions v. Dimaya.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 23, 2018, 08:46:28 pm
I've never considered burglary a violent crime and neither do millions of people out there, but it is if this shit law is allowed to stand.

I was just talking to Mrs. Liberty about this robbery definition this weekend (concerning a totally different matter), the topic being "burglary" vs "robbery."  She spent many years as a Court Reporter in LA.  Robbery is much more serious than burglary, because it has the element of "fear or force," making it a crime against a person.  Burglary is more of a property crime, and becomes robbery if somebody is in the house. 

I have not been following this case, but if the defendant is charged with simple burglary, that distinction is important.  I'm one of the millions who does not consider burglary to be a violent crime, at least not until I get my hands on the thug who put the grabs to my stuff.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Frank Cannon on April 23, 2018, 08:51:06 pm
I was just talking to Mrs. Liberty about this robbery definition this weekend (concerning a totally different matter), the topic being "burglary" vs "robbery."  She spent many years as a Court Reporter in LA.  Robbery is much more serious than burglary, because it has the element of "fear or force," making it a crime against a person.  Burglary is more of a property crime, and becomes robbery if somebody is in the house. 

I have not been following this case, but if the defendant is charged with simple burglary, that distinction is important.  I'm one of the millions who does not consider burglary to be a violent crime, at least not until I get my hands on the thug who put the grabs to my stuff.

Exactly. Robbery involved people. Burglary involves stuff. This law stinks and the only people who deserve the blame for this shitshow are the lazy legislators who are trying to split the baby with this garbage without getting and dirt on their hands.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Silver Pines on April 24, 2018, 12:08:39 am
HBR
GBR
TBR

Hannity, Gorsuch are merely surrogatess, for Trump and Trump Bashing Room's daily media feed of anti-Trump stories.

Wash, rinse, repeat. Gotcha, gotcha.

@truth_seeker

Cute.  But I haven't been here for days, and I see plenty of pro-Trump articles and threads.  How are you missing them?
Title: Re: Gorsuch is dead wrong on immigration
Post by: truth_seeker on April 24, 2018, 12:18:25 am
@truth_seeker

Cute.  But I haven't been here for days, and I see plenty of pro-Trump articles and threads.  How are you missing them?

Did you actually read the threads today, on Hannity and Gorsuch? Bashing Trump or his surrogates is where the action is.

Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 12:24:45 am
Did you actually read the threads today, on Hannity and Gorsuch? Bashing Trump or his surrogates is where the action is.

You said there were only Trump-bashing threads, and she just pointed out there are plenty of pro-Trump threads, and now you've moved to goalpost and claim they're not getting enough traffic
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 12:25:31 am
@truth_seeker

Cute.  But I haven't been here for days, and I see plenty of pro-Trump articles and threads.  How are you missing them?

I don't get it, Catherine.  I see those threads all the time.
Title: Re: Gorsuch is dead wrong on immigration
Post by: EasyAce on April 24, 2018, 12:28:51 am
I don't get it, Catherine.  I see those threads all the time.
There's pretty much always been a reasonable balance between pro-Trump articles-and-threads and not-pro-Trump articles-and-threads. Obvious enough
that even Ray Charles could have seen it.
Title: Re: Gorsuch is dead wrong on immigration
Post by: DCPatriot on April 24, 2018, 12:29:39 am
   I'm of the opinion @truth_seeker  that there are enough Trumpers here (who incidentally can post articles, also) to give TBR an aire of legitimacy.  Am I wrong?

@Right_in_Virginia posts more pro-Trump articles than anybody else.   And she gets shit upon 24/7 for all her efforts...without one ounce of support from ownership.

The other day, @Frank Cannon called the constant barrage of anti-Trump articles the result of "hate boners".   Crickets.

When I essentially say the same thing....in an EFFING members only thread (put there to soothe the feelings of the NTs) that certain members get "wood" every morning posting negative articles....the thread gets locked.

Go bleep yourself.
Title: Re: Gorsuch is dead wrong on immigration
Post by: EasyAce on April 24, 2018, 01:10:57 am
@Right_in_Virginia posts more pro-Trump articles than anybody else.
In fairness, she has competition at minimum from @rangerrebew .

And that's more than OK.

There should be plenty from and for everyone, pro-Donaldus Minimus and con-Donaldus Minimus alike.

The only echo chamber I ever really wanted to work with was the one in Gold Star Studios. I'd give anything to round up a few
good jazzy blues players and shed some musical blood in that one.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 24, 2018, 01:29:29 am
Quote
There should be plenty from and for everyone, pro-Donaldus Minimus and con-Donaldus Minimus alike. 

@EasyAce you and I both know there's a balance...only the people who purposely foment dissent see it differently.
Title: Re: Gorsuch is dead wrong on immigration
Post by: bigheadfred on April 24, 2018, 01:43:47 am
@Right_in_Virginia posts more pro-Trump articles than anybody else.   And she gets shit upon 24/7 for all her efforts...without one ounce of support from ownership.

The other day, @Frank Cannon called the constant barrage of anti-Trump articles the result of "hate boners".   Crickets.

When I essentially say the same thing....in an EFFING members only thread (put there to soothe the feelings of the NTs) that certain members get "wood" every morning posting negative articles....the thread gets locked.

Go bleep yourself.


Sorry you lost your legs in the war. Crawling around like a snail, can't even drag your ass across the floor like a dog wiping his ass.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 01:57:28 am
@EasyAce you and I both know there's a balance...only the people who purposely foment dissent see it differently.

It's rather disconcerting that on a Forum priding itself on welcoming all views, especially all political views, that presenting an opinion differing from the majority is not only considered "purposely formenting dissent" but that this opinion is so accepted.  To present an alternate point of view here is to be slashed as an "agitator" ... someone with the audacity to "poke conservatives in the eye".

What the hell is this about?

The "injustices" and one-sided political views of TOS brought with it an influx of new members to this Forum --- each professing gratitude for the "fresh air" over here and the chance to express themselves without fear of ridicule or banishment.

I have been a member of this forum just about from its inception---yet I am now called what they were called on TOS --- a troll. 

Me.  A member in good standing for more than nine years.  Me.  A member who stayed through the leaner years only to watch good friends leave to end the snark, the personal disrespect and abuse is now a "troll". 

Those from the great migration may think they're creating the anti-FreeRepublic.  But, my friends, you are creating its mirror image.


Title: Re: Gorsuch is dead wrong on immigration
Post by: Sanguine on April 24, 2018, 02:02:01 am
It's rather disconcerting that on a Forum priding itself on welcoming all views, especially all political views, that presenting an opinion differing from the majority is not only considered "purposely formenting dissent" but that this opinion is so accepted.  To present an alternate point of view here is to be slashed as an "agitator" ... someone with the audacity to "poke conservatives in the eye".

What the hell is this about?

The "injustices" and one-sided political views of TOS brought with it an influx of new members to this Forum --- each professing gratitude for the "fresh air" over here and the chance to express themselves without fear of ridicule or banishment.

I have been a member of this forum just about from its inception---yet I am now called what they were called on TOS --- a troll. 

Me.  A member in good standing for more than nine years.  Me.  A member who stayed through the leaner years only to watch good friends leave to end the snark, the personal disrespect and abuse is now a "troll". 

Those from the great migration may think they're creating the anti-FreeRepublic.  But, my friends, you are creating its mirror image.

Anything rattling in there about the topic of this thread, which since you have obviously forgotten is a Gorsuch ruling on immigration?
Title: Re: Gorsuch is dead wrong on immigration
Post by: TomSea on April 24, 2018, 02:02:45 am
It's rather disconcerting that on a Forum priding itself on welcoming all views, especially all political views, that presenting an opinion differing from the majority is not only considered "purposely formenting dissent" but that this opinion is so accepted.  To present an alternate point of view here is to be slashed as an "agitator" ... someone with the audacity to "poke conservatives in the eye".

What the hell is this about?

The "injustices" and one-sided political views of TOS brought with it an influx of new members to this Forum --- each professing gratitude for the "fresh air" over here and the chance to express themselves without fear of ridicule or banishment.

I have been a member of this forum just about from its inception---yet I am now called what they were called on TOS --- a troll. 

Me.  A member in good standing for more than nine years.  Me.  A member who stayed through the leaner years only to watch good friends leave to end the snark, the personal disrespect and abuse is now a "troll". 

Those from the great migration may think they're creating the anti-FreeRepublic.  But, my friends, you are creating its mirror image.

Amen Sister, Bless you and all yours. You are such an asset to this forum. As they say, "haters going to hate" and that certainly doesn't describe you.  What you say is true and others have suffered such treatment too.
Title: Re: Gorsuch is dead wrong on immigration
Post by: TomSea on April 24, 2018, 02:05:13 am
I don't give a rat's patootie what Mark Levin's "Conservative Review" says, if he is so on top of things, he should run for office. I know he didn't author this but it is his website with their "checklist" conservatism.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 02:06:10 am
Anything rattling in there about the topic of this thread, which since you have obviously forgotten is a Gorsuch ruling on immigration?

Aw, she's just pizzed that the thread that really was all about her got locked....
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 02:08:23 am
Anything rattling in there about the topic of this thread, which since you have obviously forgotten is a Gorsuch ruling on immigration?

Don't try to be clever.  I was responding to a post about me.

Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 02:10:24 am
Don't try to be clever.  I was responding to a post about me.

So was I.  Clever, huh?   :silly:
Title: Re: Gorsuch is dead wrong on immigration
Post by: Sanguine on April 24, 2018, 02:13:54 am
Don't try to be clever.  I was responding to a post about me.

Yeah, well, we all get drawn in on occasion.  Try to resist taking threads off the rails with ill formed complaints about being mistreated on a forum that you participate in voluntarily.
Title: Re: Gorsuch is dead wrong on immigration
Post by: corbe on April 24, 2018, 02:17:05 am
   It does suc @Right_in_Virginia, just last night a Trumper called me a commie and I forgot to ping Myst. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 02:17:27 am
Yeah, well, we all get drawn in on occasion.  Try to resist taking threads off the rails

Sure.  Just as soon as you tell your compatriots not to drag me personally into their posts. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: Slip18 on April 24, 2018, 02:18:40 am
Yeah, well, we all get drawn in on occasion.  Try to resist taking threads off the rails with ill formed complaints about being mistreated on a forum that you participate in voluntarily.

I think -- and this is difficult -- that people are just joshing me.  Nothing "personal" ever taken.

I can be serious sometimes.  No one here has ever "roughed" me up.

Hmmmm.

*****rollingeyes*****
Title: Re: Gorsuch is dead wrong on immigration
Post by: TomSea on April 24, 2018, 02:19:20 am
Who voted to allow flag burning? Against warrantless searches? Scalia.  So it goes, uphold the constitution. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 02:20:31 am
   It does suc @Right_in_Virginia, just last night a Trumper called me a commie and I forgot to ping Myst.

What the hell are you talking about now?
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 02:21:30 am
Who voted to allow flag burning? Against warrantless searches? Scalia.  So it goes, uphold the constitution.

Yes!  On topic.  I happen to agree with Gorsuch on this one, but it's possible I haven't read enough on it.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Slip18 on April 24, 2018, 02:22:54 am
   It does suc @Right_in_Virginia, just last night a Trumper called me a commie and I forgot to ping Myst.

What's a "Trumper"?  Is that like a "humper"?

Sorry, Corbe.  I was joking.

 **nononono*
Title: Re: Gorsuch is dead wrong on immigration
Post by: RoosGirl on April 24, 2018, 02:27:51 am
What the hell are you talking about now?

Don't be a dunce.  That was obviously a dig at you having to ping Myst to every little one of your perceived slights.  And it was freaking hilarious.

@corbe  888high58888
Title: Re: Gorsuch is dead wrong on immigration
Post by: corbe on April 24, 2018, 02:30:52 am
   
What's a "Trumper"?  Is that like a "humper"?

Sorry, Corbe.  I was joking.

 **nononono*


   I'm not taking that bait @Slip18.  I think the Mods finally have me off speed dial.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 02:35:44 am
Don't be a dunce.  That was obviously a dig at you having to ping Myst to every little one of your perceived slights.  And it was freaking hilarious. 

Yes, I got the dig @RoosGirl  But your peculiar sense of hilarity aside, when the hell did I ping Myst?

Or are you shooting the dark again hoping to be noticed?
Title: Re: Gorsuch is dead wrong on immigration
Post by: RoosGirl on April 24, 2018, 02:40:59 am
Yes, I got the dig @RoosGirl  But your peculiar sense of hilarity aside, when the hell did I ping Myst?

Or are you shooting the dark again hoping to be noticed?

So you understand it was a dig at your habit of pinging Myst, but you wonder when you pinged Myst?  I just...  wow.  Seriously?  Wow.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 02:41:42 am
So you understand it was a dig at your habit of pinging Myst, but you wonder when you pinged Myst?  I just...  wow.  Seriously?  Wow.

Pull up @RoosGirl ... pull up.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Sanguine on April 24, 2018, 02:49:29 am
Sure.  Just as soon as you tell your compatriots not to drag me personally into their posts.

"My compatriots"?  I consider you one.
Title: Re: Gorsuch is dead wrong on immigration
Post by: corbe on April 24, 2018, 02:50:20 am
What the hell are you talking about now?
Title: Re: Gorsuch is dead wrong on immigration
Post by: MOD3 on April 24, 2018, 02:55:36 am
(https://i.imgflip.com/rpirb.jpg)

Let's all stop with the personal attacks and comment ON THE TOPIC!
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 24, 2018, 03:23:59 am
@EasyAce you and I both know there's a balance...only the people who purposely foment dissent see it differently.

We should all be fomenting dissent. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 03:46:29 am
We should all be fomenting dissent.

Look up and down this thread and tell me it's been a good thing. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 24, 2018, 11:32:39 am
@Right_in_Virginia posts more pro-Trump articles than anybody else.   And she gets shit upon 24/7 for all her efforts...without one ounce of support from ownership.

The other day, @Frank Cannon called the constant barrage of anti-Trump articles the result of "hate boners".   Crickets.

When I essentially say the same thing....in an EFFING members only thread (put there to soothe the feelings of the NTs) that certain members get "wood" every morning posting negative articles....the thread gets locked.

Go bleep yourself.

You think way too highly of yourself on this forum.

Take your own advice. 
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 24, 2018, 11:34:13 am
We should all be fomenting dissent.

And yet when people do you go off the rails crying hysterically wri in your  hands in fright and falsely claiming they want to kill law enforcement.

Hypocrisy much?
Title: Re: Gorsuch is dead wrong on immigration
Post by: Right_in_Virginia on April 24, 2018, 12:09:38 pm
We should all be fomenting dissent.

I'm shocked that dissent is now among the cardinal sins listed on the principled conservative membership card.

Go figure.   :shrug:
Title: Re: Gorsuch is dead wrong on immigration
Post by: Frank Cannon on April 24, 2018, 12:25:48 pm
Wow. One minute we were have a discussion on the fine points of some SCOTUS ruling, the next there are bullets flying everywhere.

Nice work people. I'm proud of you.
Title: Re: Gorsuch is dead wrong on immigration
Post by: RoosGirl on April 24, 2018, 12:26:49 pm
I'm shocked that dissent is now among the cardinal sins listed on the principled conservative membership card.

Go figure.   :shrug:

Is that some really really awesome sarcasm or what?
Title: Re: Gorsuch is dead wrong on immigration
Post by: GrouchoTex on April 24, 2018, 12:30:37 pm
Wow. One minute we were have a discussion on the fine points of some SCOTUS ruling, the next there are bullets flying everywhere.

Nice work people. I'm proud of you.

No kidding!
A reasonable discussion and then here comes the "You Always/Never" crowd.

I am of the conclusion now, that some just want the fight, and nothing more.
I've learned the lesson from watching enough football, the person who retaliates always gets the flag.
I've decided not to buy into this anymore.
I think we ought to start calling these folks out, from both sides.
I'll just post:

WE'RE ON TO YOU!

...and walk away, and move on to the next thread.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Frank Cannon on April 24, 2018, 12:33:12 pm
No kidding!
A reasonable discussion and then here comes the "You Always/Never" crowd.

I am of the conclusion now, that some just want the fight, and nothing more.
I've learned the lesson from watching enough football, the person who retaliates always gets the flag.
I've decided not to buy into this anymore.
I think we ought to start calling these folks out, from both sides.
I'll just post:

WE'RE ON TO YOU!

...and walk away, and move on to the next thread.

I'M ON TO YOU!
Title: Re: Gorsuch is dead wrong on immigration
Post by: DCPatriot on April 24, 2018, 12:35:36 pm
I'M ON TO YOU!

LOL!   Excellent!   :laugh:
Title: Re: Gorsuch is dead wrong on immigration
Post by: GrouchoTex on April 24, 2018, 12:41:15 pm
I'M ON TO YOU!

 :laugh:
Title: Re: Gorsuch is dead wrong on immigration
Post by: jpsb on April 24, 2018, 12:45:50 pm
As I understand, the issue was not immigration so much, but rather the definition of that
constitutes a violent crime. Congress needs to do a better job of defining just what is and is not
a violent crime. Bashing Gorsuch over this is silly.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Frank Cannon on April 24, 2018, 12:48:38 pm
As I understand, the issue was not immigration so much, but rather the definition of that
constitutes a violent crime. Congress needs to do a better job of defining just what is and is not
a violent crime. Bashing Gorsuch over this is silly.

Get that shit out of here. Comments like that have no place on a thread like this.
Title: Re: Gorsuch is dead wrong on immigration
Post by: GrouchoTex on April 24, 2018, 12:49:49 pm
Get that shit out of here. Comments like that have no place on a thread like this.

I'M ON TO YOU!
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 24, 2018, 12:56:25 pm
Is that some really really awesome sarcasm or what?

I'll go with "or what" for $500
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 24, 2018, 01:02:45 pm
As I understand, the issue was not immigration so much, but rather the definition of that
constitutes a violent crime. Congress needs to do a better job of defining just what is and is not
a violent crime. Bashing Gorsuch over this is silly.

That's right.  Gorsuch's reasoning is sound as a pound.   The Constitutional guarantee of due process is perhaps our greatest bulwark against arbitrary government tyranny.   This guy was NOT an illegal alien, he was here lawfully and the law sets forth the parameters of under what circumstances he could be denied his liberty.   Simple burglary met the conditions for deportation only under a regime willing to twist the statute into knots.  Gorsuch saw through that.  Vague laws are an affront to the rule of law.   

One thing that frosts me - and the both the right and the left are guilty of it - is that we insist on letting the courts do our dirty work.   It's too hard to pass sound laws, or to fix bad laws - that would require right and left to compromise to assemble a majority.  So we hope the courts will overturn bad laws.   But the courts don't represent the people.

And too often, laws that Congress does pass constitute bare frameworks, to be filled in by the bureaucracy in the form of regulations.   But the bureaucrats are unelected too.

Congress has abdicated its responsibilities to the courts and the bureaucrats.    That's not how the Framers envisioned it.   Thank God for sound jurists like Justice Gorsuch who ignore the political howling from the right and do their job under the law and the Constitution.   
Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 24, 2018, 04:25:46 pm
As I understand, the issue was not immigration so much, but rather the definition of that
constitutes a violent crime. Congress needs to do a better job of defining just what is and is not
a violent crime. Bashing Gorsuch over this is silly.
The way I see it, do we want repeat offenders of any crime, be it 'violent' or just a violation of someone's home and property?

This person may be here legally, but if they won't conduct themselves legally, they should be sent packing. We, as a nation should have the right to determine who we allow to stay, provided they are not citizens. You wouldn't let someone in your house who would steal your stuff.

Our house, our rules, and if they don't like our laws enough to repeatedly break them, Adios!
Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 24, 2018, 04:29:16 pm
Vague laws are an affront to the rule of law.   

One thing that frosts me - and the both the right and the left are guilty of it - is that we insist on letting the courts do our dirty work.   It's too hard to pass sound laws, or to fix bad laws - that would require right and left to compromise to assemble a majority.  So we hope the courts will overturn bad laws.   But the courts don't represent the people.

And too often, laws that Congress does pass constitute bare frameworks, to be filled in by the bureaucracy in the form of regulations.   But the bureaucrats are unelected too.

Congress has abdicated its responsibilities to the courts and the bureaucrats.    That's not how the Framers envisioned it.   Thank God for sound jurists like Justice Gorsuch who ignore the political howling from the right and do their job under the law and the Constitution.
For once (mark the calendar!), I agree with you. The Congress has largely abdicated its Constitutional responsibility to legislate and passed that off to bureaucrats and the courts who act with the full force of legislation.  Vague legislation gives far too much latitude to the wannabe petty tyrants secure in bureaucratic niches from which they are difficult to dislodge, and where they are largely free of repercussions for their actions.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 24, 2018, 04:55:35 pm
For once (mark the calendar!), I agree with you. The Congress has largely abdicated its Constitutional responsibility to legislate and passed that off to bureaucrats and the courts who act with the full force of legislation.  Vague legislation gives far too much latitude to the wannabe petty tyrants secure in bureaucratic niches from which they are difficult to dislodge, and where they are largely free of repercussions for their actions.

Well said, @Smokin Joe
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 24, 2018, 05:01:16 pm
Well said, @Smokin Joe

You and @Smokin Joe need to read up on Ting v. United States 1893
Title: Re: Gorsuch is dead wrong on immigration
Post by: Cyber Liberty on April 24, 2018, 05:03:06 pm
Well said, @Smokin Joe

At the risk of "me tooism," I happen to agree with you as well.  It took me a while to research this out, because it wasn't at the top of my list of things to do, but now that I have I think Gorsuch made the correct call on this.  @Smokin Joe, lend me your red pen.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Smokin Joe on April 25, 2018, 07:15:03 am
You and @Smokin Joe need to read up on Ting v. United States 1893
In the Ting case, none of the petitioners had complied with the requirements of the then immigration law to obtain their permits as required to remain in the US legally. Apples and oranges, really.

In this instance, the plaintiff was legally present in the US, but not exhibiting legal conduct. However, the question is one of whether the burglary convictions constituted violent crimes. Therein is the rub, in that the law did not specify that the exhibition of what appeared to be a pattern of nonviolent behaviour which had not yet led to violent acts constituted sufficient cause for removal for violent crimes and revocation of legal status (with deportation).

While, philosophically, I agree we should expect those present inour country to abide by our laws and reserve the right to remove them from among us should they not honor those legalities, violent or not, that is not the way the law was framed. IMHO, that puts the animus for this problem on those who crafted poor legislation, which is where @Jazzhead and I are in agreement. With 200+ lawyers in Congress and another 100+ educators, there is no excuse for poorly written legislation, nor is there any Constitutional basis for them to order some department to 'promulgate regulations' with the force of law, imposing criminal and or civil penalties on the People which the Congress, the Legislators, have not specified. To do so forces the judiciary outside their purview, i.e. to legislate from the bench, and forces those who are tasked with enforcing the law (the executive branch agencies) to legislate, also outside their Constitutional purview except where specified.

No wonder those pusbags can't pass a budget or repeal bad legislation, they are out of practice when it comes to work.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 25, 2018, 09:55:17 am
@Smokin Joe the Ting case states:

Quote
that the power to expel or deport (now "remove") non-citizens rests upon the same ground as the exclusion power and is equally "absolute and unqualified."

The federal government has exclusive and plenary power over immigration. Pepriid end of discussion  Later cases also found the plenary power to be an inherent sovereign power...

Do you begin to see where Gorsuch went wrong now?

Article 1, § 8, clause 4, of the United States Constitution specifically grants Congress the power to establish a "uniform Rule of Naturalization." By expressly allocating this power to Congress, the Constitution prevents the confusion that would result if individual states could bestow citizenship.

It says nothing in there about letting lower circuit courts or the Supreme Court have the ability to usurp this Congressional power set forth by the Constitution.

Nor is there anything that gives the SCOTUS the ability to override the federal government's exclusive and plenary power over immigration.

Or the President's for that matter.

Gorsuch screwed up on this one. Not only as illustrated above but also in using criminal law and trying to apply it where it doesn't belong in a federal immigration case. You've fallen for the Liberals line of defense here.

The heart of the matter is whether the Federal government can deport a resident alien.

At the end of the day whether he was a criminal or not doesn't matter. That's red herring facts introduced by the defense to muddy the water.

Does the federal government have the right to deport non citizen residents of the US?

The answer is yes.

Do non citizen residents have the luxury of due process like you and I?

The answer always has been and still should be a resounding NO.
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 25, 2018, 11:00:11 am

Do non citizen residents have the luxury of due process like you and I?

The answer always has been and still should be a resounding NO.

First of all, due process is no luxury, it is a right recognized by the Fifth Amendment to the Constitution.

And it is a right belonging not just to citizens,  but to resident aliens too.   Such aliens are lawfully present here - in the parlance,  the law has bestowed its favor upon them -  and such status cannot be reversed without due process.   
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 25, 2018, 11:08:34 am
First of all, due process is no luxury, it is a right recognized by the Fifth Amendment to the Constitution.

It applies to citizens of the United States only.

It does not apply to non citizens. On that the court and the law has been clear for two centuries.

Quote
And it is a right belonging not just to citizens,  but to resident aliens too.   Such aliens are lawfully present here - in the parlance,  the law has bestowed its favor upon them -  and such status cannot be reversed without due process.

And your go to source...the sainted Supreme Court ruled otherwise.

Ting v US.

One of the original SCOTUS judges said so.

You're wrong...and Gorsuch is wrong. He may well tirn out to be right on other rumings.

But he screwed the pooch and applied the law incorrectly here in several ways.
Title: Re: Gorsuch is dead wrong on immigration
Post by: TomSea on April 25, 2018, 12:09:27 pm
Yeah, well, we all get drawn in on occasion.  Try to resist taking threads off the rails with ill formed complaints about being mistreated on a forum that you participate in voluntarily.

And don't forget the "ignore" feature as well, don't blame the victim.

@Right_in_Virginia

Really, the main thing I think, is one is able to express an opinion, it's time for good people to just speak up and it's your view that is important, not someone who mainly just cusses at someone, taunts, calls them names and the like.
Title: Re: Gorsuch is dead wrong on immigration
Post by: RoosGirl on April 25, 2018, 12:54:51 pm
And don't forget the "ignore" feature as well, don't blame the victim.

@Right_in_Virginia

Really, the main thing I think, is one is able to express an opinion, it's time for good people to just speak up and it's your view that is important, not someone who mainly just cusses at someone, taunts, calls them names and the like.

What if I only do those things occassionally?  Would my view still be important?
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 25, 2018, 01:19:44 pm
It applies to citizens of the United States only.

It does not apply to non citizens. On that the court and the law has been clear for two centuries.

And your go to source...the sainted Supreme Court ruled otherwise.

Ting v US.


You miss the point.  Ting merely recognized the Congress had the authority to establish all aspects of the nation's immigration policy, including rules and procedures for alien registration and deportation.

Congress did establish such procedures - but did so in a manner that was unconstitutionally vague.   The plaintiff was a legal resident alien, subject to deportation in accordance with the law established by Congress.   But that doesn't mean that in the application of that law, he isn't entitled to due process.   You are absolutely mistaken that alien residents are not protected by the same due process rights that you and I enjoy.   

The solution is to get Congress to fix the law, to remove the unconstitutional vagueness.   As has been pointed out by several here,  vague laws should be opposed by principled conservatives, for they encourage the arbitrary and capricious exercise of government power.   
Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 25, 2018, 01:25:27 pm
Does the federal government have the right to deport non citizen residents of the US?

The answer is yes.

I agree - subject to the resident alien's right to due process, same as you and I

Quote
Do non citizen residents have the luxury of due process like you and I?

The answer always has been and still should be a resounding NO.

How can you call yourself a conservative when you advocate that the federal government can arbitrarily and capriciously punish an individual who lawfully resides here?    The word "tyranny" gets tossed around a lot on this board,  such as when I suggest that gun owners register their firearms.   But tyranny does not exist when the Constitution mandates due process of law before rights and liberty can be extinguished.  I point that out merely to illustrate when TRUE tyranny is advocated - such as by yourself by your egregious comment above.   
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 25, 2018, 01:51:09 pm
I agree - subject to the resident alien's right to due process, same as you and I

Resident Alien's do not have du process rights.  The courts have established that fact going back to our founding and supported by rulings in subsequent cases.

Quote
How can you call yourself a conservative when you advocate that the federal government can arbitrarily and capriciously punish an individual who lawfully resides here?    The word "tyranny" gets tossed around a lot on this board,  such as when I suggest that gun owners register their firearms.   But tyranny does not exist when the Constitution mandates due process of law before rights and liberty can be extinguished.  I point that out merely to illustrate when TRUE tyranny is advocated - such as by yourself by your egregious comment above.

If the person who is a legal resident alien...a non-citizen allowed to live in our country breaks the law...then he or she is NOT "lawfully residing here".  They have violated the agreement they signed in order to be granted status to stay in the United States.  Therefore they are subject to the Immigration Laws of the Federal Government and that law says they have to go.

This isn't tyranny.  It's following the rule of law and not making it up on the fly as you seem wont to do here frequently and as Gorsuch has done in this ruling in siding with the Liberal judges.

Tyranny is men in black robes ignoring black letter law and deciding capriciously to grant people rights they don't have according to the Constitution and the Immigration laws of the United States.  Tyranny is affording people who are not citizens rights they have not earned and in doing so sabotaging the very sovereignty of this country.

THAT is tyranny and that is what you're defending counselor.

The Conservative believes in the letter of the law and the law in this case says that the defendant in this case should be deported back to his home country according to the Immigration Laws of the United States.  That is what I'm defending...that is the Conservative stance.
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 25, 2018, 02:06:01 pm
You miss the point.  Ting merely recognized the Congress had the authority to establish all aspects of the nation's immigration policy, including rules and procedures for alien registration and deportation.

It seems you're missing the point.  Ting reinforces what the four Conservative justices ruled in the case.  The "rules and procedures" for Alien deportation were followed in this case based on what Congress has established as the nation's immigration policies and laws concerning immigration and deportation.

The U.S. followed the rules set forth buy Congress.  Gorsuch sided with the Liberal justices that sought to bypass and/or ignore the rules and create rights for a resident alien that he doesn't enjoy under U.S. immigration laws.
 
Quote
You are absolutely mistaken that alien residents are not protected by the same due process rights that you and I enjoy.

Really show me the case laws then.  Because I've presented evidence including case law that shows your dead wrong counselor.   

Here's another one for you.  Nishimura Ekiu v. United States (Sup.Ct.1892)

The Chinese Exclusion Case (Sup.Ct.1889)

Chy Lung v. Freeman (Sup.Ct.1875)

Demore v. Kim (Sup.Ct.2003)

Shaughnessy v. Mezei (Sup.Ct.1953) this one determined that non-citizens have no constitutional right to a hearing


Quote
The solution is to get Congress to fix the law, to remove the unconstitutional vagueness.   As has been pointed out by several here,  vague laws should be opposed by principled conservatives, for they encourage the arbitrary and capricious exercise of government power.

Congress was given broad power in the area of immigration and it's enumerated in the Constitution as well.

Article I, § 9, clause 1 The Migration and Importation Clause

Article I, § 8, clause 4 The Naturalization Clause


This claim that the law is vague is nonsensical crap.  It's enumerated in the Constitution and there is case law that supports and upholds the Immigration Laws of the country and what the do and don't provide non citizens who live in this country.

And due process is not and should not be provided to non resident aliens living in this country than they should to the prisoners at Gitmo.

Title: Re: Gorsuch is dead wrong on immigration
Post by: Jazzhead on April 25, 2018, 02:11:09 pm
  Tyranny is affording people who are not citizens rights they have not earned and in doing so sabotaging the very sovereignty of this country.

THAT is tyranny and that is what you're defending counselor.

A resident alien has "earned" the right to stay here.  By the government's act of permitting him to stay, he has "earned" the right to due process if he should do something subsequent to potentially merit relinquishing that right.  In this case, the statute set forth criteria for grounds for deportation, that were too vague to be duly applied to this individual. 

It is not an affront to our sovereignty to afford a resident alien his due process rights.  To fail to provide such rights is the act of an arbitrary and capricious government - that is, a tyrant.     

Quote
The Conservative believes in the letter of the law and the law in this case says that the defendant in this case should be deported back to his home country according to the Immigration Laws of the United States.  That is what I'm defending...that is the Conservative stance.

There is no "letter of the law" - it is unconstitutionally vague.   You are defending the arbitrary and capricious exercise of government power.  You should be ashamed of yourself, if you call yourself a conservative.   
Title: Re: Gorsuch is dead wrong on immigration
Post by: txradioguy on April 25, 2018, 02:22:32 pm
A resident alien has "earned" the right to stay here.  By the government's act of permitting him to stay, he has "earned" the right to due process if he should do something subsequent to potentially merit relinquishing that right.  In this case, the statute set forth criteria for grounds for deportation, that were too vague to be duly applied to this individual.

He or she isn't a citizen.  They are legally allowed to live here on a Visa.  There are certain things they agree to and sign as part of the Visa application before they ever set foot in this country and they agree that if the violate any of the rules set forth they are subject to being deported back to their home country.

The ONLY way you earn the right to due process is to take the oath of citizenship for the United States of America and become a citizen.

Then and ONLY then are you afforded due process rights.

That is very clearly spelled out in immigration law and court rulings since the founding of this country.

If you have some ruling to the contrary...by all means please show us your cards counselor.

Quote
It is not an affront to our sovereignty to afford a resident alien his due process rights.  To fail to provide such rights is the act of an arbitrary and capricious government - that is, a tyrant. 
   

That is such a steaming pile of crap I don't even know where to begin.  You're starting your circular argument process again because you don't have a leg to stand on. 

It's not arbitrary or capricious.  It's black letter immigration law back by the cases I cited and more that I have on deck.

And allowing legal or illegal aliens who violate our laws...rob our citizens and in come cases murder Americans to remain in this country and be afforded the rights of law abiding citizens very much jeopardizes our sovereignty.

[quote[There is no "letter of the law" - it is unconstitutionally vague.   You are defending the arbitrary and capricious exercise of government power.  You should be ashamed of yourself, if you call yourself a conservative.
[/quote]

I just cited you Article and Clause where our Immigration laws are rooted in the Constitution...I've cited the court cases that back up the right to deny due process to resident aliens that violate our laws.


Let me ask you this counselor do you think that Gitmo detainees like Ahmed Ghailani should be allowed due process rights?