Post A Reply
my profile
|
directory
login
|
search
|
faq
|
forum home
»
Flare Sci-Fi Forums
»
Community
»
The Flameboard
»
Ashcroft's Comments
» Post A Reply
Post A Reply
Login Name:
Password:
Message:
HTML is enabled.
UBB Code™ is enabled.
[QUOTE]Originally posted by Jay the Obscure: [QB] This is what happens when our Second Grader-in-Chief doesn't declare war on anything except a vague idea and defines our goal as getting rid of "evil doers." Basicly what Ashcroft is saying is that any criticism of this vague evil doer policy equates to giving aid and cofort to the enemy. American democracy isn't about marching in lock step accusing those of disagreemet with treason. As much as right-wing pundits might want it to be, it isn't. It's rather sad to see an administration so insecure that it dredges out treason rhetoric when people in the country want to know why people are being held without bail, without council, without being formally charged, ithout being brought to trial and creating rules to listen in on attorney client conversations. I guess that some people out there think that that is a rather bad habit for our justice department to get into. [QUOTE] Since we're very specifically only removing the civil liberties of people we've already determined are NOT protected under our Constitution... what's the problem?[/QUOTE] Here's the problem: [QUOTE]In decisions spanning more than a century, the U.S. Supreme Court has ruled that the Constitution's guarantees apply to every person within U.S. borders, including "aliens whose presence in this country is unlawful." On the other hand, the Court has said that when the federal government uses its broad powers to supervise immigration into this country, it can exercise those powers in ways that discriminate on the basis of "alienage." In other words, the government has the power to decide who to let into the country and under what circumstances. But once here, even undocumented immigrants have the right to freedom of speech and religion, the right to be treated fairly, the right to privacy, and the other fundamental rights U.S. citizens enjoy. Since immigrants don't have the right to enter the U.S., those who are not here legally are subject to deportation. The Immigration and Naturalization Service (INS) has the authority to question "any person believed to be an alien as to his right to be in the United States." But in a 1903 case called Yamataya v. Fisher, the U.S. Supreme Court ruled that the INS could not deport someone without a hearing that meets Constitutional due process standards. Since then, procedural rights for undocumented immigrants have evolved so that today, in spite of Congress' attempts to curtail these rights, most people facing deportation are entitled to: <ul> [*]a hearing before an immigration judge and review, in most cases, by a federal court; [*]representation by a lawyer (but not at government expense); [*]reasonable notice of charges, and of a hearing's time and place; [*]a reasonable opportunity to examine the evidence and the government's witnesses; [*]competent interpretation for non-English speaking immigrants, and [*]clear and convincing proof that the government's grounds for deportation are valid. [/QUOTE]~ACLU [QUOTE]42 USC 21 � 1981 Equal rights under the law (a) Statement of equal rights All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (b) "Make and enforce contracts" defined For purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) Protection against impairment The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.[/QUOTE] All persons are protected by the old due process clause, these include all human beings regardless of race, color, or citizenship. [QUOTE]Alien inhabitants of a state, as well as all other persons within its jurisdiction, may invoke the protection of these clauses [the equal protection clause of the Fourteenth Amendment][/QUOTE] ~ TERRACE v. THOMPSON, 263 U.S. 197 (1923) [QUOTE]The Bill of Rights is a futile authority for the alien seeking admission for the first time to these shores. But once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our [398 U.S. 306, 310] borders. Such rights include those protected by the First and the Fifth Amendments and by the due process clause of the Fourteenth Amendment. None of these provisions acknowledges any distinction between citizens and resident aliens. They extend their inalienable privileges to all 'persons' and guard against any encroachment on those rights by federal or state authority." Bridges v. Wixon, 326 U.S. 135, 161[/QUOTE] ~HELLENIC LINES v. RHODITIS, 398 U.S. 306 (1970) And where are all the conservative voices crying about Bush using the Executive Order to create these things? That bad rotten Clinton was a usurper of power, but with Dubya, it's okily dokily. [/QB][/QUOTE]
Instant Graemlins
Instant UBB Code™
What is UBB Code™?
Options
Disable Graemlins in this post.
*** Click here to review this topic. ***
© 1999-2024 Charles Capps
Powered by UBB.classic™ 6.7.3