Is Congress Trying to Dodge a Lawsuit on Immigration? - Vanity

Freerepublic ^ | 06/08/2007 | Loud Mime

[2ndDivisionVet]

Just say NO to Amnesty!! Keep calling!!

U.S. Senate switchboard: (202) 224-3121

U.S. House switchboard: (202) 225-3121

White House comments: (202) 456-1111

Find your House Rep.: http://www.house.gov/writerep

Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm

[cubreporter]

I support him on the war but this immigration is nothing but political and it’s not right for the citizens of this country. The people have spoken loud and clear.

[cubreporter]

It’s certainly not something that was considered with the American public in mind.

[The Spirit Of Allegiance]

Ping.

[Greg F]

Regarding a class action by the people it is a legal question of “standing.” I think the States clearly have a right to sue for a “guarantee” from the Federal government. A court would probably kick out a citizen law suit since the guarantee runs to the States, not to the people.

[Greg F]

Regarding a class action by the people it is a legal question of “standing.” I think the States clearly have a right to sue for a “guarantee” from the Federal government. A court would probably kick out a citizen law suit since the guarantee runs to the States, not to the people.

[Congressman Billybob]

You are absolutely right, in theory. However, I give almost no chance that such a claim will succeed in court. It's a guarantee that anyone who advances such a novel theory must be prepared to lose at trial, lose at the Court of Appeals, in order to get into the Supreme Court. That is the only Court which might have the guts to rule in favor of this claim.

Congressman Billybob

Latest article, "John Edwards: 21st Century Marie Antoinette"

[Congressman Billybob]

You have it right in analyzing standing. When the guarantee runs directly to the states, as here, all it takes is one Governor/Attorney General to bring this case to court.

Congressman Billybob

Latest article, "John Edwards: 21st Century Marie Antoinette"

[Greg F]

I think an enterprising State Attorney General or Governor could grab the national spotlight with this one. Just avoid the 9th Circuit.

[Loud Mime]

Maybe the 9th Circuit is the way to go......it would be fun to watch.

Who knows what those guys would do?

[Loud Mime]

the 17th Amendment changed all that.

“Federalism, the Supreme Court and the 17th Amendment” by Ralph Rossum is a good read.

[Loud Mime]

I’m trying to clarify the EOL issues: It’s “ENGLISH AS THE OFFICIAL LANGUAGE OF THE US GOVERNMENT.

There’s a good bill in congress that cancels an EO by Bill Clinton that requires translators, etc..

[RightWhale]

The last lawsuit by the States was lost in 1865. The XIVth Amend put the Feds on top of the heap for all eternity. It’s over.

[Loud Mime]

Somebody, somewhere, may just take up this cause. It would have to come from a State with a good load of cajones.

Can you imagine the impact of such a suit? It could freeze congress.

That wishful thinking aside, the feds have not done their duty in this issue. If they didn’t do the job they guaranteed to do, what is the recourse of the States?

[YellowRoseofTx]

There’s a good bill in congress that cancels an EO by Bill Clinton that requires translators, etc..

That's good to know. Do you know who put that bill forth, or it's standing currently? If we knew that, we could start putting some pressure on for it.

[Buffettfan]

Interesting approach.

[Paul Ross]

Someone should try it. Seek Writs of Mandamus.

[EagleUSA]

All three branches ignore, violate or step all over the constituion. The article requiring protecting this country means absolutely nothing to the professional politicians in Washington.
:::::
And this is because they have no accountability. The people of this country let them do whatever they want. Until that changes, their behavior will not change — it will get worse, as we see now...

[southland]

bttt

[Loud Mime]

It’s time for the States to step up and hold the FedGov accountable.