Avatar feed
Responses: 4
SGT Whatever Needs Doing.
4
4
0
I'm disagreeing on this one. the only people in this country that have a right to due process are citizen's of the USA
(4)
Comment
(0)
1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
The you are disagreeing not only with the framers ofbthe Constion clear wording but with three supreme Court ruling made in two different centuries. What section of the Constituion does the exception that says it only the 14th and 5th apples to citzens. This a matter of law that was decided in 1882 and twice since every time with results that contradict what you are saying. When was the last time you actually read he Constitution tor even the just Bill of Rights? The word citzen is not included in in the definitions ofbthe right
(2)
Reply
(0)
MAJ Contracting Officer
MAJ (Join to see)
>1 y
SGT (Join to see) Sadly 1stSgt Kerr is correct on this one, the 5th and 14th Amendments are very clear that all persons not all citizens have the right to due process for deprivation of life, liberty, or property.
What he gets wrong is that deportation has been determined to not be a deprivation of liberty. The executive branch of the government can deport any non-citizen at any time for any reason (with several laws and treaties governing multiple exemptions). There are many cases where this was decided.
If due process would be applied only to citizens then persons non-citizens would have zero legal standing and could be jailed, fined, or killed without any remedies. Certainly not ethical, moral or supportable by anyone.
The best way forward would be for the Trump administration (and hopefully congress) to allow expedited deportation for individuals found crossing the border or illegally entering through air/sea ports. But use due process for individuals residing inside the united states (as the is a criminal reason that triggered their arrest that criminal procedure can be used as the due process for their deportation as well) I'd hope for a law that you commit a felony and your entire family is deported, that is the family that depends on your income for subsistence.
(2)
Reply
(0)
Avatar small
MSG Jay Jackson
2
2
0
Mmmmm, We the people of the United States...is how it reads, not We the people of North America, I mean I could be reading it wrong. Nope it reads We the of the United States problem solved
(2)
Comment
(0)
1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
That has nothing at all to do with the matter we are discussing,
(1)
Reply
(0)
MSG Jay Jackson
MSG Jay Jackson
>1 y
I disagree of course. Also I never said that the illegals did not have the right to due process. They let any other criminal have a right to due process. If they come over the border the legal way they get due process when they go through the immigration process.
I think the main problem are elected officials and some citizens that think that if the law “feels wrong” then just don’t enforce it. We are a nation of laws and order or we are not. There is an old saying about the law, “Anything for a friend. The law for my enemies. That might apply here.
(0)
Reply
(0)
MSG Jay Jackson
MSG Jay Jackson
>1 y
I realize that CPT P. I have learned a few things during this discussion. Tonight I was reading at LewRockwell and Judge Napolitano wrote an article on this very matter. I would link it but my phone is acting up. Great article and I recommend we all read it.
(0)
Reply
(0)
Avatar small
Col Joseph Lenertz
2
2
0
Interesting interpretation. "No person shall . . . be deprived of life, liberty, or property, without due process of law." Of note, this protection applies to all "persons" -- not merely to citizens. Would this interpretation prevent the US military from repelling a foreign invader (War of 1812) or a violent overthrow of the government from secessionists (1861)? All of those "persons" who were killed by US forces were deprived of life without due process. Surely our constitution wasn't meant to deprive us of our national sovereignty, and force us to allow foreign invaders in without a fight. But that is what this article is claiming. Everyone, if they place a toe on US soil, gets due process. Nothing else matters.
(2)
Comment
(0)
MAJ Contracting Officer
MAJ (Join to see)
>1 y
Capt Gregory Prickett - With Trump correct but that is exactly the same thing that you are doing adding things that he didn't say in order to make it unpalatable....
Police seize property all the time, of course they need a warrant to come into your home, but try the you need a warrant when a cop see's you carrying a weapon and you don't have a concealed permit, or when he catches you with your little white bag of "baby powder"
A judge make the final decision a police starts it.
(0)
Reply
(0)
MAJ Contracting Officer
MAJ (Join to see)
>1 y
Capt Gregory Prickett - Certainly would support confiscation for testing, or otherwise deprivation of property pending a speedy and fair trial. Obviously my comment above is when you do need a permit...
MSG Joseph Cristofaro sometimes I just want to post a sequential numbers just to see which individuals simply need to be the last person to make a comment.
(0)
Reply
(0)
MAJ Contracting Officer
MAJ (Join to see)
>1 y
Capt Gregory Prickett - Try using that argument when the results come back positive.... Reasonable Suspicion is all it takes for a temporary seizure or incarceration, a white bag unmarked walking around town is pretty suspicious... Probable cause is required for an arrest, neither require a court order. Police have very broad latitude but it is of a very temporary measure.
(0)
Reply
(0)
MAJ Contracting Officer
MAJ (Join to see)
>1 y
MSG Joseph Cristofaro - It's because leftists are immune to logic as they are driven by their feelings rather than intellect. Which is why many of them cannot fathom agree to disagree...
(0)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close