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08-17-2007, 08:11 PM
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Location: Chicago
38,704 posts, read 98,945,772 times
Reputation: 29885
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Quote:
Originally Posted by katenik
there would be no retroactive application. i don't think anyone would suggest such a thing.
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Not only that, but retroactive enforcement would violate the ex post facto clause(s) of the Constitution. |
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08-17-2007, 08:43 PM
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2,587 posts, read 8,326,575 times
Reputation: 2643
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Quote:
Originally Posted by Drover
Not only that, but retroactive enforcement would violate the ex post facto clause(s) of the Constitution.
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Art. I, Secs 9-10 are applicable to criminal law only. civil regulations may have retroactive application, but in this case, it's a non-issue. |
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08-17-2007, 09:01 PM
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Location: Chicago
38,704 posts, read 98,945,772 times
Reputation: 29885
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Quote:
Originally Posted by katenik
Art. I, Secs 9-10 are applicable to criminal law only.
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You mean to tell me that if, say, the Civil Rights Act were amended next week forbidding employment and housing discrimination against gays and lesbians, that people can be sued in federal court for alleged infractions from 8 months ago? Nonsense. |
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08-17-2007, 09:10 PM
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2,587 posts, read 8,326,575 times
Reputation: 2643
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Quote:
Originally Posted by Drover
You mean to tell me that if, say, the Civil Rights Act were amended next week forbidding employment and housing discrimination against gays and lesbians, that people can be sued in federal court for alleged infractions from 8 months ago? Nonsense.
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i think the statute would have to explicitly state that it may be applied retroactively, and it couldn't be remotely punitive (ie., a criminal law in disguise). if it did it would not be unconstitutional, just impractical. thus, no legislation of that type would ever be drafted that way, and if it were, it would probably be challenged on substantive due process grounds, but not as a violation of the ex post facto clause, which doesn't apply.
Last edited by katenik; 08-17-2007 at 09:23 PM..
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08-17-2007, 09:50 PM
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Location: East Central Phoenix
7,653 posts, read 11,222,932 times
Reputation: 9284
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The Fourteenth Amendment needs to be eliminated. It's not fair for legal U.S. citizens to keep funding all this welfare assistance, plus the cost of free public education to these children of illegals.
Granted, it's not the children's fault for being born here ... but the responsibility still falls on the parents. If they can't become legal citizens the way many other hard working immigrants have over the last several hundred years, then they're not setting good examples for their children, and shouldn't even be parents. Many of them refuse to adapt to our customs & won't learn English ... so why should they be entitled to any special rights or privliges?
Our nation is becoming too overcrowded as it is with these migrants who multiply like rabbits. Sorry, but it has come to the point where they either need to become legal, or risk being deported (children and all).
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08-17-2007, 09:57 PM
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2,587 posts, read 8,326,575 times
Reputation: 2643
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Quote:
Originally Posted by Valley Native
The Fourteenth Amendment needs to be eliminated.
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all of it? i'm sure you don't mean that. LOL |
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08-17-2007, 11:32 PM
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Location: East Central Phoenix
7,653 posts, read 11,222,932 times
Reputation: 9284
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Quote:
Originally Posted by katenik
all of it? i'm sure you don't mean that. LOL
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Its original intent was necessary after the slaves were freed. However, the amendment has outlived its usefulness. If the Fourteenth Amendment were to be eliminated, I'm sure there would be no danger of deporting anybody who is a descendant of slaves or their children/grandchildren. Those brutal days (thankfully) are long gone.
However, it is now a Constitutional right being abused by illegal aliens. They are fully aware that they can migrate to the U.S., get pregnant, and have their children be declared as automatic legal citizens ... while collecting all the "entitlements" courtesy of the legal American taxpayers! |
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08-17-2007, 11:33 PM
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Location: Chicago
38,704 posts, read 98,945,772 times
Reputation: 29885
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Quote:
Originally Posted by Valley Native
Its original intent was necessary after the slaves were freed. However, the amendment has outlived its usefulness. If the Fourteenth Amendment were to be eliminated, I'm sure there would be no danger of deporting anybody who is a descendant of slaves or their children/grandchildren. Those brutal days (thankfully) are long gone.
However, it is now a Constitutional right being abused by illegal aliens. They are fully aware that they can migrate to the U.S., get pregnant, and have their children be declared as automatic legal citizens ... while collecting all the "entitlements" courtesy of the legal American taxpayers!
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Uhm..... the 14th Amendment has very little if anything to do with any of that... |
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