(05-02-2025 02:28 PM)WalkThePlank Wrote: (05-02-2025 02:11 PM)tanqtonic Wrote: (05-02-2025 01:43 PM)WalkThePlank Wrote: (05-02-2025 01:31 PM)tanqtonic Wrote: (05-02-2025 12:12 PM)WalkThePlank Wrote: For me, I only want him to have his due process under the current law. And if it's found he has to go, then by all means ship him out.
That's it.
And that would be fine if there wasn’t over 2 million backlogged cases which will take years to process.
Especially when the same people currently in charge sounded the alarm bells years ago about how this issue would manifest itself.
Again…the Biden administration is 100% the blame here for not even attempting to stop them.
In order --
so now if there are too many to deal with, just ignore civil liberties? And sorry, there are multiples of methods to help the process simply via the executive branch. And scads more if/when Congress (last I saw all Republican) got off their ass.
And yes, there were people sounding alarm bells. Absolutely. Still doesnt change the equation for application of civil liberties.
And yes, the Biden administration carries a massively heavy burden of the blame. Absolutely. How does this change the equation as to whether to apply civil liberties?
Quote:Suppose we let 100 million illegals into the United States, would we still give them all “due process” and “civil liberties” because that’s what the constitution says… Or would common sense prevail? Where is the limiting principle there?
The same limiting principle in any fundamental right. The answer above is 'yes'.
An analogy ---
suppose we let, because of a lapse of judgement, 300 million instances of speeding not be tried, but ticketed, in a three month period. Would we give the 300 million people with speeding tickets due process to contest that because thats what the Constitution requires? Or would common sense prevail and simply deem every one of them guilty with no process available? again, the answer to me is yes.
Or how about suppose an error in the law allows 5 million firearms that are not covered by the Bruen, Heller, and MacDonald cases into the country (that is otherwise illegal firearms). Would we give the owners due process when charging them, or on a smaller scale confiscating the firearms because thats what the Constitution requires? Again, my answer is heck yes.
Quote:I’m not disagreeing with what the constitution states…but the facts are that the democrats/Biden failed to enforce immigration law? That’s my main beef with this entire situation, and was my actual point above.
I understand its a wall of people. I also understand the fundamental importance of due process overall to this system of governance that I respect the **** out of. I would rather pay the price and afford due process when debatable, than to short circuit it because of a problem.
Granted, that issue could flip in the event of a massive insurrection style event, or a literal potentially immediately fatal to the country sudden event. If it is a chronic problem, probably best to keep the bounds in check as best one can.
I agree, Biden policies created a massive influx of illegal aliens. And I am a firm believer in that one of the most important actions of a sovereign country is the ability to enforce its borders, and the ability to restrict legal entry as it chooses.
And I faut Biden for taking the continued lapses of Congress, and adding to the problems there with his policies. I am all for correcting that problem. I am not willing to throw out the basic rights of our foundation of governance to do it faster
Quote:The truth is, these people continuously violate and trample on what the Founders intended in regard to immigration. I’m not even upset at you, because I agree they will get Due Process, but that obviously comes with “blind spots”
As to the first sentence, I agree. Note my comment on a state sovereign and its borders above.
The solution to violating that priciple is not (imo) trampling another basic principle out of the books simply because it saves time.
Not trying to 'keep' the illegals in, in the slightest. But the smallest short circuit in any fundamental right is a horrible step in my book. Those short circuits are simply a first crack in issue, or maybe a second or third small crack in the issue. I simply wish to limit out cracks in any fundamental right if it need not happen.
Your examples/analogies are noted, but let’s try to stick with illegal immigration solely. The question that needs to be asked:
1. is there an actual amount where too many illegals overwhelm the system, that the only way to reasonably fix it is to forgo “constitutional rights” and deport them quickly?
In my book no. We can even more easily beef the **** out of the immigration courts, legislatively address the statutes to remove easily exploitable paths, or make them much much much much harder to even invoke, change 8 CFR to allow greater latitude for Expedited Removal hearings, beef up ICE, beef up employer sanctions etc etc etc.
Quote:I get that it’s an extreme example, but it tests the theory of due process and civil liberties, while balancing a national sovereignty and safety of the citizens.
Im a very staunch absolutist in nature to Constitutional protections. All of them.
There can be valid limits to due process. We arent anywhere near them presently, imo.
And there are both valid executive pathways and valid congressional pathways to deal with what is, absolutely, a chronic and large problem. Use them.
in fact, I would say jsut about any valid executive pathway and/or legislative pathway is far superior to simply short circuiting a Constitutional protection for expediency.
Quote:My argument is that these people have no right to be here, and have limited due process. Which is what Scalia wrote back in his dissent in 2001.
No one disputes that. Either portion. But it is crystal clear that at a fundamental level, illegals have even limited due process rights. Lets do this the right way.
I just responded above to 3A who made some of the same points you do above.
Here is another situation that I would fight tooth and nail -- for the same reasons.
Lets assume the left begins another cattle crow call about the danger firearms are to the fabric of society. And granted, firearm deaths and injuries *are* a humongous problem. A chronic problem.
Using the oath you outline above, it seems that a valid concern for short circuiting the 2nd amendment, and the much fuller protections under Heller, McDonald, and Bruen mind you, since there is this chronic societal problem which is rooted in large numbers of relaitvely uncontrolled firearms in the hands of the public. Hey, lets just magpie 'its a severe chronic problem.' Using your own construct -- "where too many
illegals firearms overwhelm the system, that the only way to reasonably fix it is to forgo “constitutional rights” and [remove] them quickly."
I dont want that to be used in any form, against any fundamental right.
In the case of illegal aliens -- it absolutely is a mountain of an issue. But there are solutions that, with time, absolutely will alleviate that.
Id prefer, to a maximum level, to not be solution that touches a core fundamental right.