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Old 10-17-2015, 02:49 PM
 
7,578 posts, read 5,326,422 times
Reputation: 9447

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Quote:
Originally Posted by Roaddog View Post
Sounds good to me
Don't get all weak kneed and goosey feeling this was just a decision for a request for injunctive relief as the case moves through the courts.

The judge's opinion on the matter was very favorable in terms of the legitimacy of the defense offered by the State of Texas.

Judge Says Texas Can Continue Denying Birth Certificates To Immigrants' Kids : The Two-Way : NPR
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Old 10-17-2015, 02:50 PM
 
Location: Barrington
63,919 posts, read 46,738,058 times
Reputation: 20674
Texas is not disputing the citizenship of those born in the US. Rather, the state ceased to accept the parents' consular photo ID issued by Mexico. More than 2 dozen parents in South Texas have sued the state on behalf of 32 children they claim had been denied birth certificates and they fear losing access to vital services.

It has not mattered who sat the oval or held the majority. 30 years of doing nothing has consequences.
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Old 10-17-2015, 02:50 PM
 
Location: Ohio
24,621 posts, read 19,165,825 times
Reputation: 21738
Quote:
Originally Posted by knowledgeiskey View Post
Isn't this against the constitution? Why aren't conservatives up in a fury?
In interpreting statutes, the Supreme Court has often recognized the rule "that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers." E.g., United Steelworkers of America v. Weber, 443 U.S. 193, 201, 61 L. Ed. 2d 480, 99 S. Ct. 2721 (1979) (quoting Holy Trinity Church v. United States, 143 U.S. 457, 459, 36 L. Ed. 226, 12 S. Ct. 511 (1892)).

The 14th Amendment does not apply to "anchor babies."

There is also the issue of "absurd results":

In recognizing the principle that a statute's language and purpose may at time differ, the Court has stated guidelines for reconciling the two:

There is, of course, no more persuasive evidence of the purpose of a statute than the words by which the legislature undertook to give expression to its wishes. Often these words are sufficient in and of themselves to determine the purpose of the legislation. In such cases we have followed their plain meaning. When that meaning has led to absurd or futile results, however, this Court has looked beyond the words to the purpose of the act. Frequently, however, even when the plain meaning did not produce absurd results but merely an unreasonable one "plainly at variance with the policy of legislation as a whole" this Court has followed that purpose, rather than the literal words. When aid to construction of the meaning of words, as used in the statute, is available, there certainly can be no "rule of law" which forbids its use, however clear the words may appear on "superficial examination."



See: United States v. American Trucking Associations, 310 U.S. 534, 543-44, 84 L. Ed. 1345, 60 S. Ct. 1059 (1940) (footnotes omitted), quoted in Church of Scientology v. United States Department of Justice, 612 F.2d 417, 422 (9th Cir. 1979); accord Burroughs v. Operating Engineers Local Union No. 3, 686 F.2d 723, 727 (9th Cir. 1982).
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Old 10-17-2015, 02:53 PM
 
27,307 posts, read 16,222,978 times
Reputation: 12102
Good.
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Old 10-17-2015, 02:54 PM
 
Location: Great State of Texas
86,052 posts, read 84,481,831 times
Reputation: 27720
Quote:
Originally Posted by middle-aged mom View Post
Texas is not disputing the citizenship of those born in the US. Rather, the state ceased to accept the parents' consular photo ID issued by Mexico. More than 2 dozen parents in South Texas have sued the state on behalf of 32 children they claim had been denied birth certificates and they fear losing access to vital services.

It has not mattered who sat the oval or held the majority. 30 years of doing nothing has consequences.
Come on..say it.."welfare benefits".....
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Old 10-17-2015, 02:54 PM
 
1,720 posts, read 1,304,511 times
Reputation: 1134
Okay, here's how this will proceed: It will be overturned by a higher court, and many conservatives will chant their familiar mantra, 'States rights! States rights! The Feds are overextending their reach!'.
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Old 10-17-2015, 02:56 PM
 
Location: Great State of Texas
86,052 posts, read 84,481,831 times
Reputation: 27720
Quote:
Originally Posted by knowledgeiskey View Post
Isn't this against the constitution? Why aren't conservatives up in a fury?
Requesting a valid form of ID from the parents is not against the constitution.

Texas is not denying these kids aren't citizens.
Texas just wants a valid form of ID from these parents.

A Mexcian passport with a Visa will do the trick.

Thank DHS for the laws governing acceptable forms of ID.
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Old 10-17-2015, 02:58 PM
 
Location: Great State of Texas
86,052 posts, read 84,481,831 times
Reputation: 27720
Quote:
Originally Posted by PanapolicRiddle View Post
Okay, here's how this will proceed: It will be overturned by a higher court, and many conservatives will chant their familiar mantra, 'States rights! States rights! The Feds are overextending their reach!'.
The metricula is not acceptable under the Fed rules for acceptable ID.
It's like if you went to the DMV for an ID card and provided no proof of who you are or your citizenship status.

It will be interesting to see what the Fed says.
They have turned a blind eye to is being used here in the US and allowed the government of Mexico to lobby cities and states and financial institutions to accept it.

Kinda like the stealth amnesty we have.
They can't come here but when they do we send out the welcome wagon, give them their shots and buy them a bus/plane ticket to any city in the US.
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Old 10-17-2015, 03:00 PM
 
Location: Austin
15,637 posts, read 10,390,278 times
Reputation: 19525
I'd rather have 200 kids born in America to illegal Mexican immigrants than 5 babies born to some legal, lazy, law breaking Americans. Mexicans are largely hard workers and good additions to our economy. Those who hate these people are truly clueless.
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Old 10-17-2015, 03:01 PM
 
Location: Great State of Texas
86,052 posts, read 84,481,831 times
Reputation: 27720
Quote:
Originally Posted by texan2yankee View Post
I'd rather have 200 kids born of illegal Mexican immigrants than 5 babies born to some legal, lazy, law breaking Americans. Mexicans are hard workers and mostly good additions to our economy. Those who hate these people are truly clueless.

Obviously they need to work harder. They are suing because they can't sign up for welfare benefits
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