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#1 |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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It's all moot because the Constitution is not a contract. It's the founding document of the Government.
Nevertheless, all contracts face this same problem; they fail in things like terms, and differences have to be settled somehow. Some contracts actually say who will decide whether the contract has been met. |
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#2 | |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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When the founders said "invasion" they were using the commonly accepted term meaning invading armies and did not use it to describe a flow of peaceful immigrants. This part of the Constitution does not grant any power whatsoever to the federal government over immigration. Nor does the necessary & proper clause, nor does the migration and importation of slaves, and nor does the power to make rules concerning naturalization.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#3 |
Старый сержант
Join Date: Nov 2007
Location: NC, dreaming of large Russian women.
Posts: 1,464
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I can't take it anymore. I have to come out from behind the couch. I clicked on one of classic mans links to read a little about immigration law. The first sentence I read was this:
The United States has a long history of immigration laws. The Immigration and Nationality Act of 1952 (INA) with some major, and many minor, changes continues to be the basic immigration law of the country. The most significant amendment to the INA was in 1965 which abolished the natural origin provisions, and established a new quota system. So what you're really trying to tell me is this: since 1952, perhaps longer, our congress has been absolutely ignoring the constitution on this issue, and no one has been able to point this fact out the the Congress? If some one has made a point about these unconstitutional laws congress has seen fit for over 50 years to ignore it? (I'm not gonna start with the Alien Act of 1798, which would mean that there is some sort of super conspiracy in play, probably including the Masons) So, the next thing I read is this: Congress has total and complete authority over immigration. Power of the President is limited to policies on refugees. Unless the issue concerns the rights of aliens to constitutional protections the courts have rarely intruded. This would lead me to believe that the courts are in on some kind of conspiracy to get around our constitution on this issue. (Just like congress!!) Or perhaps Radar could be, well wrong would be a strong word to use, so I'll use the word erring. Of course this is only one source of info, and it is from the Cornell University Law School. I'm sure they have their own agenda, right? Especially when they post a link to this section of the U.S. Constitution: 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; This question of naturalization and immigration. The definition of naturalizaion is: Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). or as Webster puts it: 1: to confer the rights of a national on; especially : to admit to citizenship. I can't really see any other way to interpret this then this is how people immigrate legally to the United States. They are naturalized, and admitted as citizens of the U.S. I have to admit, I didn't know much about the libertarian party until now. The more I learn the less I like. This has been a useful discussion for me.
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Birth, wealth, and position are valueless during wartime. Man is only judged by his character --Soldier's Testament. Death, like birth, is a secret of Nature. - Marcus Aurelius. |
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#4 | ||||
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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Most people who dislike the Libertarian Party or libertarian philosophy do so because they really don't know much about politics or they believe government should tell us what to do with our money, our body, etc. and otherwise be our nanny. They have no confidence in the ability of regular people to run their own lives in the way that is best for themselves without harming others. That's up to you. I am of the opinion that government isn't here to define our rights or to limit them and that any such laws are illegitimate. You don't have a right to go through life without being offended, but others do have a right to freedom of expression and the freedom to travel anonymously. This is the opposite position of that held by the founders.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#5 | |
NSABFD
Join Date: Jul 2004
Location: MS. usa
Posts: 3,908
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I've haven't left very deep footprints in the sands of time. But, boy I've left a bunch. |
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#6 |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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How can you be so sure? How can you describe every type of "invasion" that ever happened? Who is the Final Arbiter of the question of what "invasion" could mean?
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#7 | |
still eats dirt
Join Date: Sep 2003
Location: Tampa, FL
Posts: 3,031
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Really -- when is the last time you heard someone call a single person crossing a border with peaceful intentions an invader? Okay, okay, besides the last time you watched Fox News. |
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#8 | |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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Quote:
That's what it's always meant and attempts to twist the meaning of the words 218 years later doesn't fly.
__________________
"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#9 | |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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Quote:
If it is "we the people" you are arguing for rule by "the people" 14 generations ago, which won't hold, or rule by modern day public in Democracy, which I know you don't like. It's not instructive to you that if we implemented the law as you envision it, the people would throw it away and develop a new Constitution. The C isn't a suicide pact. The law can't work that way. The idea that it does is superstition on your behalf. And you continue to ignore the sections of the C that you don't like. Who decides the meaning of "invasion"? It's right there in the C, if you care to read it. |
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#10 | |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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If you think the Federal government should have Constitutional authority over immigration, you should push for an amendment to the Constitution to allow the fed to do this rather than supporting unconstitutional laws or parts of government to handle what really isn't a problem at all. Undocumented immigrants don't cost American citizens a single penny. They contribute more to the economy in taxes than they use in social services (which are also unconstitutional). And yes, they do pay taxes. I don't ignore any part of the Constitution. A free flow of immigrants is not an invasion regardless of how much you say otherwise. America INVITED immigrants from all over the world to come here, and until the Constitution is amended to grant power over immigration to the federal government, all federal immigration laws are unconstitutional and therefore null and void and no immigrants who enter America with or without documentation are "illegal".
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#11 | |
NSABFD
Join Date: Jul 2004
Location: MS. usa
Posts: 3,908
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I've haven't left very deep footprints in the sands of time. But, boy I've left a bunch. |
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#12 |
NSABFD
Join Date: Jul 2004
Location: MS. usa
Posts: 3,908
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Someone told me, maybe Mom, never argue with a fool. Other folks might not pick the right one. So good luck with you job of bull shitting the home folks. Join Maggie.
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I've haven't left very deep footprints in the sands of time. But, boy I've left a bunch. |
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#13 | |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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Quote:
I've proven my case. I've proven that the majority of what the federal government does is unconstitutional....aka ILLEGAL and that there is no such thing as an "illegal immigrant" in America. The only way to disprove me is to show me where the fed is granted authority over immigration in the Constitution. So far we know it doesn't get any authority over immigration through it's power to repel invasions, to charge a duty or tax on the import of slaves, the power to make rules concerning naturalization, or through the necessary and proper clause.
__________________
"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#14 |
NSABFD
Join Date: Jul 2004
Location: MS. usa
Posts: 3,908
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Right You got the votes?
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I've haven't left very deep footprints in the sands of time. But, boy I've left a bunch. |
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