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Thread: Congress weighs one year extension for Obama/Trump DACA Program

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  1. #21
    Senior Member Judy's Avatar
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    Quote Originally Posted by MW View Post

    That's what you're not understanding. It is completely within the constitutional powers of the U.S. Congress to write law on immigration matters and that would include a temporary amnesty to protect the illegals currently enrolled in DACA if they so choose. Geez, all one has to do is research history and they'll see that there have been plenty of amnesties passed into law.

    The U.S. Constitution does not prohibit the U.S. Congress from creating laws concerning immigration nor does the Constitution provide for the U.S. Supreme Court to overrule a law passed by the Congress that is constitutional.

    So, in summary, you're fooling yourself if you think the U.S. Congress doesn't have the authority under the Constitution to provide protective status to a set group of individuals. If what you're saying was true the Congress wouldn't have the authority to pass the DREAM Act, RAC Act, Bridge Act, Hope Act or any other bill currently being considered. So yes, the Congress can pass any plan they want to protect the DACA folks. However, what can't happen, no matter how bad Trump wants it, the President can't continue to extend the unconstitutional DACA program on his own without challenge. He, just like Obama, doesn't have the authority to do so.


    No amnesty of any kind to violations of existing and continuing law is constitutional, because it violates the 14th Amendment, and amnesties related to immigration law violate the uniform naturalization and ex post facto clauses of the US Constitution. Our country does a lot of stupid things because well, a lot of people don't know how to stop it because they think they know something when they didn't really know much at all.

    For example, under the US Constitution, the US Congress has no power or authority of any kind to admit even 1 immigrant into the United States. The only authority Congress has with regards to immigration is to prevent it after the year 1808.

    It's so sad to watch time, money and lives wasted by unconstitutional activities.
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  2. #22
    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by Judy View Post
    . . . For example, under the US Constitution, the US Congress has no power or authority of any kind to admit even 1 immigrant into the United States. The only authority Congress has with regards to immigration is to prevent it after the year 1808.

    It's so sad to watch time, money and lives wasted by unconstitutional activities.
    Article 1. Section 8 of the U.S. Constitution gives Congress the authority to pass whatever laws they feel are necessary to run the country.
    ----------------------------------------------------------------

    U.S. Constitution
    Article I

    Section 8.

    The Congress shall have power to . . .

    To make rules for the government . . .

    To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.



    https://www.law.cornell.edu/constitution/articlei
    ===============================

    Section 8.

    The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

    To borrow money on the credit of the United States;


    To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;


    To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;


    To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;


    To provide for the punishment of counterfeiting the securities and current coin of the United States;


    To establish post offices and post roads;


    To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;


    To constitute tribunals inferior to the Supreme Court;


    To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;


    To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;


    To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;


    To provide and maintain a navy;


    To make rules for the government and regulation of the land and naval forces;


    To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;


    To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;


    To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--

    And
    To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

    https://www.law.cornell.edu/constitution/articlei
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  3. #23
    Senior Member Judy's Avatar
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    Section 9.

    The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

    The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

    No bill of attainder or ex post facto Law shall be passed.


    https://www.law.cornell.edu/constitution/articlei

    There is no power or authority of the federal government to admit even 1 immigrant into the United States. Such a power can not derive from Congress, it would have to derive from the US Constitution where such a power does not exist. To create such a power would require a Constitutional Amendment of which there is none.
    Last edited by Judy; 02-06-2018 at 10:58 PM.
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  4. #24
    Senior Member JohnDoe2's Avatar
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    And only the Supreme Court can sort it all out.
    ----------------------------------

    The Supreme Court and Constitutional Interpretation | Scholastic


    https://www.scholastic.com/teachers/.../supreme-court-and-constitutional-interpretation...
    The Supreme Court is the highest court in the United States for all cases and controversies arising under the Constitution or the laws of the land. ... When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional ...
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  5. #25
    Senior Member Judy's Avatar
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    No, the US Supreme Court is not needed to sort any of this out. The people of the United States need to go viral and call the bluff this stupid Congress has pulled for 100 years on uninformed Americans and shut down this unconstitutional immigration by the federal government.

    We need and demand an immediate Moratorium on ALL Immigration and our laws enforced to the letter and dime on those here illegally which means deport, deport, deport.

    This country was founded by citizens for the benefit of those citizens and their posterity, no one else. We were never a "nation of immigrants". We were a nation of citizens. Nowhere at any time did the people of the United States who founded this country ever trust the federal government enough to enable it to flood our country with undesirables with permits to steal our jobs and businesses, rob our coffers and programs and bring their stupid political and religious ideas to our land. The people who founded this country were some of the brightest minds in the history of the world. They never gave the Congress such a power to overload our population with people of anti-American beliefs and philosophies.

    It's clear as a bell why this nation was formed and for whose benefit in the Preamble of the Constitution:

    We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
    It's time for Americans to stop acting like a bunch of uneducated idiots and uphold the United States Constitution. Shut this gawd damn illegal immigration and unconstitutional immigration down.

    It has always tickled me in a sad way how "conservatives" want to harp and harp about a Constitution they've never fully read and didn't seem to understand a damn word of what they claim they read or copy and paste.

    Real Republicans!! It's time to stand up, speak out and shut this shit down. It doesn't matter if your parents were immigrants, you're safe because of ex post facto laws. We can't undo the past, but we can fix the future. Demand an immediate moratorium on all immigration and do it now. Enough lives, futures and treasure have been squandered on these constitutional violations, no more, enough is enough. SHUT IT DOWN.
    Last edited by Judy; 02-06-2018 at 11:18 PM.
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  6. #26
    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by Judy View Post
    Section 9.

    The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

    The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

    No bill of attainder or ex post facto Law shall be passed.

    https://www.law.cornell.edu/constitution/articlei

    There is no power or authority of the federal government to admit even 1 immigrant into the United States. Such a power can not derive from Congress, it would have to derive from the US Constitution where such a power does not exist. To create such a power would require a Constitutional Amendment of which there is none.

    Section 9 - The Meaning.
    Article I, Section 9 specifically prohibits Congress from legislating in certain areas. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808.


    Annenberg Classroom - Article I Section 9

    www.annenbergclassroom.org/page/article-i-section-9
    ============================================

    Section 9 - The Text

    The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

    The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

    No Bill of Attainder or ex post facto Law shall be passed.

    No capitation, or other direct, Tax shall be laid,[unless in Proportion to the Census or Enumeration herein before directed to be taken.5

    No Tax or Duty shall be laid on Articles exported from any State.

    No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

    No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

    No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

    5. Modified by Amendment XVI.

    Section 9 - The Meaning
    Article I, Section 9 specifically prohibits Congress from legislating in certain areas. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808.


    In the second and third clauses, the Constitution specifically guarantees rights to those accused of crimes. It provides that the privilege of a writ of habeas corpus, which allows a prisoner to challenge his or her imprisonment in court, cannot be suspended except in extreme circumstances such as rebellion or invasion, where the public is in danger. Suspension of the writ of habeas corpus has occurred only a few times in history. For example, President Lincoln suspended the writ during the Civil War. In 1871, it was suspended in nine counties in South Carolina to combat the Ku Klux Klan.

    Similarly, the Constitution specifically prohibits bills of attainder — laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, without a normal court proceeding. The ban is intended to prevent Congress from bypassing the courts and denying criminal defendants the protections guaranteed by other parts of the Constitution.

    In addition, the Constitution prohibits “ex post facto” laws — criminal laws that make an action illegal after someone has already taken it. This protection guarantees that individuals are warned ahead of time that their actions are illegal.

    The provision in the fourth clause prohibiting states from imposing direct taxes was changed by Amendment XVI, which gives Congress the power to impose a federal income tax. To ensure equality among the states, the Constitution prohibits states from imposing taxes on goods coming into their state from another state and from favoring the ports of one state over the ports of others.

    Article I, Section 9, also requires that Congress produce a regular accounting of the monies the federal government spends. Rejecting the monarchy of England, the Constitution also specifically prohibits Congress from granting a title of nobility to any person and prohibits public officials from accepting a title of nobility, office, or gift from any foreign country or monarch without congressional approval.

    http://www.annenbergclassroom.org/pa...le-i-section-9
    MW likes this.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  7. #27
    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

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