06-26-2012, 05:22
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#1
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Quiet Professional
Join Date: Apr 2008
Location: 18 yrs upstate NY, 30 yrs South Florida, 20 yrs Conch Republic, now chasing G-Kids in NOVA & UK
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Who won? Arizona or Holder??
Quote:
Partial Defeat for Arizona at Supreme Court, by Ken Klukowski 25 Jun 2012
Two important points at the outset about Arizona v. United States that the media isn’t discussing.
First, this case had nothing to do with whether Arizona’s law is constitutional. Despite the rhetoric from the White House and Eric Holder, the administration did not raise any constitutional challenges in court.
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The only challenged provision to survive was the one empowering Arizona police to ask you for your immigration papers, and to check with federal authorities (who by law must answer) regarding the immigration status of anyone lawfully detained for other reasons. This was a significant victory for conservatives, since it was the most controversial and publicized aspect of the law.
Justice Antonin Scalia took the unusual step of reading part of his dissent from the bench. “The United States is an indivisible Union of sovereign states. Today’s opinion … deprives states of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there. Neither the Constitution itself nor even any law passed by Congress supports this result.”
Scalia went on in what would have been an excellent majority opinion, adding, “As a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty.”
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continued:
http://www.breitbart.com/Big-Governm...-Supreme-Court
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With this case as a framework for future States Rights legislation,, will we see other states creating laws that allow them to:
"As a sovereign, Arizona has the inherent power to exclude persons from its territory,"
I think so..  
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JJ_BPK is offline
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06-26-2012, 06:17
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#2
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Area Commander
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Debated where to post this but as this thread is current here is some of what Scalia had to say.
http://news.yahoo.com/blogs/ticket/a...185431255.html
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Golf1echo is offline
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06-26-2012, 06:26
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#3
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Area Commander
Join Date: Jun 2008
Location: Occupied Wokeville
Posts: 4,650
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Quote:
Originally Posted by JJ_BPK
With this case as a framework for future States Rights legislation,, will we see other states creating laws that allow them to:
"As a sovereign, Arizona has the inherent power to exclude persons from its territory,"
I think so.. |
Maybe just a matter of the States fine tuning their Legal Speak so it passes muster with the Jedi Masters in the SCOTUS. The issue will be back in the court just like the 2nd Amendment....unless the O gets a second term.
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When a man dies, if nothing is written, he is soon forgotten.
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Paslode is offline
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06-26-2012, 07:04
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#4
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Quiet Professional (RIP)
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Quote:
Originally Posted by Paslode
Maybe just a matter of the States fine tuning their Legal Speak so it passes muster with the Jedi Masters in the SCOTUS. The issue will be back in the court just like the 2nd Amendment....unless the O gets a second term.
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Don't even think it......... 
Big Teddy 
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greenberetTFS is offline
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06-26-2012, 07:37
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#5
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Area Commander
Join Date: Jun 2008
Location: Occupied Wokeville
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Quote:
Originally Posted by greenberetTFS
Don't even think it.........
Big Teddy |
If I stay busy, I don't
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When a man dies, if nothing is written, he is soon forgotten.
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Paslode is offline
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06-26-2012, 08:41
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#6
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RIP Quiet Professional
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Location: The Ozarks
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The current political atmosphere is like a jug of nitroglycerin, and they themselves know it. They literally may well be setting up a No-Go on Obamacare by softening up the lamestreamers with the AZ thing. Might be why Kennedy went pink on it.
I think Thursday all hell's gonna break loose anyway.
As long as I get to read a Gallup poll that put's Drunken Uncle Omar's choomer nephew at below 40% favorable, I'll be happy as a pig in shit.
("ecstatic", to those of you from NYC.)
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Dusty is offline
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06-26-2012, 08:44
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#7
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Quiet Professional
Join Date: Nov 2011
Location: Location, Location
Posts: 4,073
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Quote:
Originally Posted by JJ_BPK
With this case as a framework for future States Rights legislation,, will we see other states creating laws that allow them to:
"As a sovereign, Arizona has the inherent power to exclude persons from its territory,"
I think so.. |
Ahh.. would that per chance include federal agents?
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MR2 is offline
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06-26-2012, 08:55
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#8
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I've found this to be a good site if you're interested in constitutional law and the SCOTUS vs somebody's opinion.
http://www.scotusblog.com/case-files...-united-states
And so it goes...
Richard
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“Sometimes the Bible in the hand of one man is worse than a whisky bottle in the hand of (another)… There are just some kind of men who – who’re so busy worrying about the next world they’ve never learned to live in this one, and you can look down the street and see the results.” - To Kill A Mockingbird (Atticus Finch)
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Richard is offline
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06-26-2012, 09:10
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#9
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RIP Quiet Professional
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Location: The Ozarks
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Quote:
Originally Posted by Richard
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Providing one has faith in the current iteration of the SCOTUS to know what the f.ck constitutes the Constitution.
I'm a little less than half-way there, personally.
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Dusty is offline
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06-26-2012, 09:44
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#10
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Location: Georgetown, SC
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Easy! Obama/Holder/'Big Sis'/Kagan won... going away.
The only comparison I can make for this beatdown is Heat v Thunder, or
more painfully) Kings v Coyotes!
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