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Author Topic: JoT of 22 Jun 18
romad
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Icon 1 posted June 22, 2018 14:56      Profile for romad     Send New Private Message       Edit/Delete Post   Reply With Quote 
OK, since almost all Canadians (and Americans) seem to be uninformed on how the US Constitution requires these separations. The actual item is the "Bill of Attainder" ban in Article I, Section 8 (for the Federal government; for state governments it is in Section 10). This ban has been used to prevent the incarceration of innocent family members with those arrested.

Now since it is ILLEGAL to enter these United States WITHOUT permission, federal law requires these lawbreakers to be arrested, HOWEVER the Bill of Attainder ban in the Constitution prohibits their children from being held with the parents.

So what is the solution? We either have to allow lawbreakers to go free or directly violate Article I, Section 9 of the Constitution. The current administration only followed the requirements of the Constitution.

Those opposed to the separation may want to push for a constitutional amendment repealing the Bill of Attainder ban but they need to remember that if it ever happened and they were arrested for DUI with family members in the vehicle, those family members could be arrested also.

Judging by the reports of the news media who have visited the children's care centers, those children are getting better care there than they ever did before. Perhaps it is time to build similar custody centers for families in the Federal detention centers.

Posts: 47 | From: Oroville, California People's Republic | Registered: Jan 2011  |  IP: Logged
Stibbons
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Icon 1 posted June 23, 2018 11:51      Profile for Stibbons   Author's Homepage     Send New Private Message       Edit/Delete Post   Reply With Quote 
I'm neither American nor Canadian, but I don't really follow your logic here.

Firstly, I presume you're referring so AIS9 (given AIS8 is just a list of the powers of Congress), but as far as I can tell AIS9 can be summarised as:
  • Can't ban importation of slaves
  • Can't suspend writ of habeas corpus (unless shit is really hitting the fan) i.e. prisoners can report unlawful detention to the courts
  • No bills of attainder, i.e. can't just declare someone as guilty for being that sort of person, and you can't make something illegal then charge someone for doing it in the past
  • States can't impose taxes (but this was ammended)
  • Can't be a prince or king of the US.

I'm not sure how this can be used as justification for separation of migrant children from their parents? A bill of attainder would be declaring all Mexican's guilty of being immigrants and punishing them automatically.

Posts: 1145 | From: UK | Registered: Dec 2003  |  IP: Logged
The Famous Druid

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Icon 1 posted June 24, 2018 01:41      Profile for The Famous Druid     Send New Private Message       Edit/Delete Post   Reply With Quote 
As Stibbons pointed out - you've misunderstood what a 'Bill Of Attainder' is.

Another mistake is to assert that
quote:

Now since it is ILLEGAL to enter these United States WITHOUT permission, federal law requires these lawbreakers to be arrested

The US has signed (and incorporated into US law) the UN Convention on Refugees.

This means it is legal to enter the US and seek asylum, in fact it specifically forbids governments from bringing criminal charges against refugees for entering their countries by irregular means.

--------------------
If you watch 'The History Of NASA' backwards, it's about a space agency that has no manned spaceflight capability, then does low-orbit flights, then lands on the Moon.

Posts: 10698 | From: Melbourne, Australia | Registered: Oct 2002  |  IP: Logged
macmcseboy

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Icon 8 posted June 28, 2018 04:51      Profile for macmcseboy     Send New Private Message       Edit/Delete Post   Reply With Quote 
romad.... you disappoint... As a Canadian of Mexican decent I do not support whats going on down there. The civil rights and human rights violations are mounting. Also... I do not appreciate my family in California being threatened with deportation on a whim because they are not white.. they are LEGAL BORN ON THE SOIL US CITIZENS. I myself, do not appreciate being grilled extra by US customs at EITHER Northern or Southern borders for being a person of color. also.. what a piss poor intro to the forums...

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Live long and prosper.

Posts: 1143 | From: Victoria BC... | Registered: Mar 2002  |  IP: Logged


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