wow. You really hate monkeys.A no ban is not a ban you moron. And yes, there is a difference. A big one.
The deprivation of life, liberty or property without due process of law on all persons within the US, is un-Constitutional.
That was the affect the proposed Trump ban had on legal travelers on US soil , not the affect Obama's non-ban had on aliens abroad, you jerk.
Unlike an hysterical load mouthed paranoid ET spamming Trump crush monkey like yourself, it's a difference any real American recognizes and understands. So as I say, go fuck yourself.
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Temp Halt gets overturned?
- Thread starter achilles28
- Start date
The deprivation of life, liberty or property without due process of law on all persons within the US, is un-Constitutional.
This sounds good but it doesn't stand up to serious analysis.
Trump could not single out a lawful immigrant and deport them without due process, which in that regard has been held to require some sort of hearing before an immigration ( not an Article III judge) judge.
What he can do however is change the rules for getting and keeping a visa. Immigrants and visa holders have no due process rights that protect them against the law being changed in a way that is unfavorable to them.
People already in the country would have an equal protection argument against changes to visa rules that impacted them disparately from other visa holders. Conceivably they could make a religious discrimination argument, and thereby attempt to invoke the strict scrutiny standard of review. Such an argument would conflict with the Executive's plenary power over national defense and foreign relations, so it would be an interesting case. I note similar issues were resolves in the president's favor in the Korematsu case involving internment of Japanese citizens during WW II.
All of this underscores a point we previously agreed on, namely that the order was not well-drafted nor thought out. Separate orders or simply administrative guidance should have been used for each class of immigrant or would-be immigrant. Live and learn.
Trump could not single out a lawful immigrant and deport them without due process,
All well and good but the, and yes as agreed, hastily ill thought out Trump order implemented without paying due attention to the law, imposed illegal detention without due process on people who were legally on US soil, whether they were immigrants or not. That is exactly what is not Constitutional.
What you have done is give good reason why the whole debacle should have been easily recognized and avoided in the first place without any lessons needed to still be learned.
It's 2017 and there are over 300 years of Constitution. This type of so called lesson is hardly a live and learn one. Live and screw up monumentally more like.
Hopefully to be gained out of this, and thanks to the courts, Trump and his advisors, if that's the right word for them, may now understand rushing out a dumb order just to appeal to a base and fulfill some idealist campaign rhetoric like third rate tin pot dictators, just isn't gonna work.
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