Posted on 06/28/2018 9:44:01 AM PDT by SeekAndFind
RE: The rights enumerated in the Constitution are God given natural rights. They are not rights granted by the government.
Ok, here’s the follow up question are these God given rights UNIVERSAL? ( i.e. are they applicable to even to those who come here illegally?). After all, isn’t God the God of everyone?
They are at best invaders and at worst enemy combatants. Take them out or take them home.
They have no more jurisdiction than an invading army so short answer is yes.
The President can suspend granting asylum to those who arrive at, or illegally cross, the border; limiting such requests to those who apply at an embassy or consulate. Then for those who arrive illegally, the sole question for due process is the answer to the question: “Can you prove that you here legally?” If the answer is no, then deportation is in order and due process has been served.
Denying due process on the basis of alienage is tantamount to denying the personhood of undocumented foreigners as the U.S. once did to slaves and does today to babies in the womb.
And yet, babies are denied the right to life every day,
and these are the off spring of citizens.
Stepping over a barely marked line in the desert conveys
citizen status?
Obvously a physical barrier is the answer.
Come in through the door or you don’t come in.
Actually, the first time you walk over the border and get caught, it’s regarded as a misdemeanor. You could accomplish this procedure with a Justice-of-the-Peace officer and spend less than three minutes on the situation.
The second time you walk over the border and get caught, by law written today....it’s a felony charge, and you have no choices....the law would require a judge, and some form of trial. Course, you could rewrite the law, and arrange it differently.
Seems to me...the better answer is just to go and jail Americans who hire these guys, and have a special prison up in the Alaskan wilderness for them. If these American employers were taught how to behave and act....you’d cut out the hiring chances in a dramatically short period of time.
“let’s assume that despite the Wall, some are actually able to get through anyway, what then?
Can they be deported without a trial?”
If a wall were built, the number that still get through would be manageable, and we could avoid endangering the republic while we take the time to have a civil debate about that matter.
Hopefully, that debate would center on the text and original intent of the Constitution and its Amendments, as well as the national interest.
RE: Then tomorrow, another 10,000. Each and every one of them gets a trial? How is that even possible?
It’s not, and herein lies the flaw in understanding the constitution the way Judge Napolitano does.
By his lights, we have to wait for the constitution to be modified so that we can address this issue, otherwise, we just have to live with the consequences of what our framers gave us....
Nap’s discussion of “persons” in the Constitution did not pertain to slaves or Indians.....so it did not mean any living human who happened, for whatever reason, to be in America.
If not, CHANGE the law!
RE: If a wall were built, the number that still get through would be manageable, and we could avoid endangering the republic while we take the time to have a civil debate about that matter.
I agree, but there’s the practical matter... the wall will take YEARS to build. In the meantime, as they are building, what do we do with those who: A) Are already here; B) Will get through the border where the walls are still not up?
The difference now compared to Obama, is that they get contained until they can have a hearing. Under Obama, they were let go with a promise to come back for a hearing....and 90% never came back.
RE: If not, CHANGE the law!
Wouldn’t that require a change in the constitution?
Depends upon the recipient. Anyone here legally has Constitutional protections, and legal responsibilities, just as you would in any foreign country. You are subject to their laws (can't kill someone, can't steal, etc.) but from there on it becomes diplomatic.
An illegal alien has no Constitutional protections as they have violated our sovereignty and could/should be considered an invading belligerent.
The only caveat that I could see is in the case of asylum. But this is being adulterated as is being evinced at the border where EVERYONE is claiming asylum.
Illegals ARE NOT entitled to all Constitutional Protections. Period.
They are TRESPASSERS!!! Summarily escort them back over the border.
They ain’t immigrants. They are illegals
“... to ourselves and our posterity ...” not to the posterity of any backwater $h!thole that happens to land here.
“Yet deportation without a trial is profoundly unconstitutional.”
Illegals are not citizens and therefore are not entitled to our constitutional rights.
What part of ‘illegal’ don’t they understand?
Rules came later.
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