http://www.usconstitution.net/gifs/docs/cpage1.jpg
As you can see the preamble starting at the top of the page with the
words "We the People" blends right into Article 1 so how can anyone
say the preamble is NOT part of the constitution.?
The libs like to say the preamble is not in the C because that opening
phrase "We the people of the United States" means that whenever the C
uses words like people or persons, it means citizens and thus illegals
have no constitutional rights.
The preamble is part of the Constitution (proper), but no authority is
delegated -- it is merely prefatory text that gives an indication of the
purpose of the document.
The Amendments also have a preamble, and it is arguably more
interesting. Similarly, it is prefatory text, and also gives an
indication of the purpose of the amendments. Similarly, no constraint
is established, however, it is quite clear as to how the amendments are
to be applied and interpreted.
Ok - but as i said in the first post, the preamble does very strongly
support the notion that the words "person" and "people" refer to
citizens of the United States and that is very important since the SC
is constantly telling us that illegals have constitutional rights.!!!!
> The Amendments also have a preamble,
They do? This link doesn't show any
I've been told You're An Idiot...
UNlike Your Assertion, *that* Does NOT seem Preposterous To Me...
>
> http://www.usconstitution.net/gifs/docs/cpage1.jpg
>
> As you can see the preamble starting at the top of the page with the
> words "We the People" blends right into Article 1 so how can anyone
> say the preamble is NOT part of the constitution.?
Beats me... All I can say In That Regard is that The ONLY Personage
claiming The Preamble is - or is NOT - Part & Parcel of The
*Constitution* is a Rightard Shit-Fer-rains...
>
> The libs like to say the preamble is not in the C
Yeah... The *ozes* like to say The Same Thing...
Go figger...
> because that opening
> phrase "We the people of the United States" means that whenever the C
> uses words like people or persons, it means citizens and thus illegals
> have no constitutional rights.
??? !!! ?!? WHAT?!?!?
Do YOU... Standing Back and REviewing Your Last INcomprehensible,
IMpenetrable, and CHAOTIC Sentence above, have ANY IDEA just how
UTTERLY, PROFOUNDLY and IRRETRIEVABLY CONFOUNDED You Are?
Naughtius "We Hold These Truths To Be Self-Evident..." Maximus
Try a different link; e.g.:
Or you can take a look at the original document:
http://www.archives.gov/exhibits/charters/bill_of_rights_zoom_1.html
Well, that's a loaded question. You don't have constitutional rights,
you have constitutional protections.
What "constitutional rights" are you questioning?
> I've been told that the SC has said it isn't which seems preposterous
> to me. This link shows an actual photo of the first page of the
> Constitution.
>
> http://www.usconstitution.net/gifs/docs/cpage1.jpg
>
> As you can see the preamble starting at the top of the page with the
> words "We the People" blends right into Article 1 so how can anyone
> say the preamble is NOT part of the constitution.?
No one says it's not part of the Constitution. The Supreme Court says that
no powers flow from it, that it's just a formal introduction.
>
> The libs like to say the preamble is not in the C because that opening
> phrase "We the people of the United States" means that whenever the C
> uses words like people or persons, it means citizens and thus illegals
> have no constitutional rights.
Sorry, loser, but that's not how the law operates. If that's your own
ignorant *interpretation* that's a different thing and one we can safely
ignore.
The premable just says why; it doesn't say what or how.
Technically, as I see it, the two words are applied as to when those words
were written. That is, "Free men" were people and persons. This did not
include, blacks, slaves, native indians and others.
SCOTUS later defined those words to mean, "any person" within the
boundaries of the country, legal or not.
The Preamble is most definitely a part of the Constitution, only thing is,
there is nothing in it that could be enforcable as a law.
> I've been told that the SC has said it isn't which seems preposterous
That's odd, considering how it conservatives who dismiss
the preamble to the Second Amendment.
What do the first four words say, again?
In 1982 in plyler v doe, the SC said illegals have the right to free
k-12 education.
>
> SCOTUS later defined those words to mean, "any person" within the
> boundaries of the country, legal or not.
>
But how can they say that when the preamble makes it clear that "people"
refers to citizens.
> On Dec 16, 7:50�pm, "Speeders & Drunk Drivers are MURDERERS"
> <beta...@earthlink.net> wrote:
>> I've been told that the SC has said it isn't which seems preposterous
>> to me. �This link shows an actual photo of the first page of the
>> Constitution.
>
> I've been told You're An Idiot...
>
HAHAHA. Looks like i infuriated you again. HAHA
> "Speeders & Drunk Drivers are MURDERERS" <bet...@earthlink.net> wrote
> in
>>
>> The libs like to say the preamble is not in the C because that
>> opening phrase "We the people of the United States" means that
>> whenever the C uses words like people or persons, it means citizens
>> and thus illegals have no constitutional rights.
>
> Sorry, loser, but that's not how the law operates. If that's your own
> ignorant *interpretation* that's a different thing and one we can
> safely ignore.
>
> The premable just says why; it doesn't say what or how.
But it does seem to clarify what words like "people" and "person" mean.
The preamble says they mean citizens while the SC says they mean everyone
even illegals!!!
> richard <mem...@newsguy.com> wrote in
And exactly how do you fight SCOTUS for being wrong?
There is no way to do that. Period.
Really? You got selective incorporation from reading the text of the 14th
Amendment? How did you figure that federal juries must have 12 members and
come to a unanimous verdict to convict?
Try sounding out the words, Speedy. It's like this: "We the People of the
United States are establishing this governmental framework to protect
everybody's rights, not just ours."
Here's what they actually said, Speedy: Everyone in the jurisdiction of
the Constitution is entitled to equal protection of the law. So in
general, no singling out groups of people and depriving them of the
benefits of the law.
1. Because it is clear that the preamble says only who is making the rules,
not what they rules are. The latter follows the preamble.
2. Because it sucks to be you.
But the preamble just identifies the people providing the rules. Not to
whom the rules apply.
Get it yet, loser?
Not impossible, but /very/ difficult, see Article V.
One of the weaknesses of the US constitution.
There's only one check on the SC and that's impeachment and removal by
congress.
HAHAHA. As usual, you don't even understand what we're talking about. The
preamble makes it clear that the word "people" means citizens not illegals.
do you enjoy being the board laughingstock? HAHA
HAHAHA. Again you make a fool of yourself by not even understanding the
issue. HAHAHA
Congress also controls the size of the Court and it's appellate
jurisdiction, you ignoramus.
Oh, Sparky, that laughter you're hearing isn't directed at me. Even if
the preamble makes it clear that it's the citizens of the United States
who are claiming authorship -- and notice that it says "people" and not
citizens -- that's all it's doing. For the contents, you have to look
past the list of authors.
Sucks to be you, a loser ignoramus, doesn't it?
Keep laughin', Sparky. You're the one who thinks a byline is the same
thing as the contents.
> I've been told that the SC has said it isn't which seems preposterous to
> me. This link shows an actual photo of the first page of the
> Constitution.
>
> http://www.usconstitution.net/gifs/docs/cpage1.jpg
>
> As you can see the preamble starting at the top of the page with the
> words "We the People" blends right into Article 1 so how can anyone say
> the preamble is NOT part of the constitution.?
>
> The libs like to say the preamble is not in the C because that opening
> phrase "We the people of the United States" means that whenever the C
> uses words like people or persons, it means citizens and thus illegals
> have no constitutional rights.
Everything in the Constitution is part of it.
To what case are you are referring?
As far as your 'libs' go, regarding illegal immigrants...
http://www.msnbc.msn.com/id/3887721/
> The preamble is part of the Constitution (proper), but no authority is
> delegated -- it is merely prefatory text that gives an indication of the
> purpose of the document.
A statement of authority is certainly declared as it defines by what or
whose power "ordains and establishes" the defined government.
Purpose had to sit on some authority so authority is declared not
delegated.
Not quite. Removal does nothing for precedent, once decided, there are
only three ways to reverse the decision:
1) The supreme Court reverses itself in a subsequent case.
2) The Constitution is amended per Article V.
3) The safeguards mentioned in the Declaration of Independence are invoked.
> On Wed, 16 Dec 2009 18:50:09 -0800, Speeders & Drunk Drivers are
> MURDERERS wrote:
>
>> I've been told that the SC has said it isn't which seems preposterous
>> to me. This link shows an actual photo of the first page of the
>> Constitution.
>>
>> http://www.usconstitution.net/gifs/docs/cpage1.jpg
>>
>> As you can see the preamble starting at the top of the page with the
>> words "We the People" blends right into Article 1 so how can anyone
>> say the preamble is NOT part of the constitution.?
>>
>> The libs like to say the preamble is not in the C because that
>> opening phrase "We the people of the United States" means that
>> whenever the C uses words like people or persons, it means citizens
>> and thus illegals have no constitutional rights.
>
> Everything in the Constitution is part of it.
>
Libs like to say it's NOT in the constitution. I think that's nonsense but
that's what they say.
Quit lying. Nobody claims the preamble isn't part of the Constitution.
The Supreme Court says it provides no basis for interpreting the rest of
the document.
>
> Quit lying. Nobody claims the preamble isn't part of the Constitution.
> The Supreme Court says it provides no basis for interpreting the rest of
> the document.
Hey stupid. That's the same as saying it's not in the constitution. THINK,
you hater.
Oh, look! An ignoramus calls me stupid.
Is the salutation of a letter part of the letter? Can you tell anything
about the contents of the letter from the salutation?
Did you figure out that the answers are (in order) "yes" and "no"?
Can you figure out now that the preamble to the Constitution won't allow
you to dehumanize illegal immigrants?
The premable to the Constitution is a formal salutation. It tells you who
wrote the thing and why they wrote it. To find out how the government
operates, at the very least, you have to read the Articles. You many skip
the preamble.
The Supreme Court has said that there are no powers derived from or
restricted by the preamble.
I know you don't like that, but there it is, you ignoramus.
>
> Can you figure out now that the preamble to the Constitution won't
> allow you to dehumanize illegal immigrants?
>
Again you display your incredible stupidity. No one is saying illegals are
non-human. The issue is does the constitution grant them any rights and
the preamble indicates the answer is no. THINK, you america-hater.
No. Take for an example, plyler v doe 1982. That's the case where the SC
said illegals have the constitutional right to free k-12 education.
Congress could pass a law banning the admission of illegals into public
schools and say that any judge who overturns this will be removed from
office on obvious grounds of taking bribes.
The SC would not overturn that law.
You don't need borders if they are ignored.
> Deadrat <a...@b.com> wrote in
> news:NcSdnT0Py5owh7bW...@giganews.com:
>
>
>>
>> Can you figure out now that the preamble to the Constitution won't
>> allow you to dehumanize illegal immigrants?
>>
>
> Again you display your incredible stupidity.
Oh, look! An ignoramus calls me stupid.
> No one is saying illegals are non-human.
How about you, trying to deprive them of the Constitutional protections
for rights that all human have as a result of their humanity?
> The issue is does the constitution grant them any rights
There is no "issue" here. Except the fact that you don't understand that
the Constitution doesn't grant rights; it protects them. For everyone
under its jurisdiction.
> and the preamble indicates the answer is no.
The preamble doesn't "indicate" any such thing. And Supreme Court
rulings say otherwise.
> THINK, you america-hater.
One of the finest principles of American jurisprudence is that rights are
inherent and accrue to everyone as the result of their humanity. It is
one of our proudest struggles to grant Constitutional protections to
everyone under its jurisdiction.
Why do *you* hate American principles? Why do you embrace the worst
failures of our history?
Is it just fear?
> Peter Franks <no...@none.com> wrote in
> news:hgdg1c$ct$2...@news.eternal-september.org:
>
>> Speeders & Drunk Drivers are MURDERERS wrote:
>
>>>
>>> There's only one check on the SC and that's impeachment and removal
>>> by congress.
>>
>> Not quite. Removal does nothing for precedent, once decided, there
>> are only three ways to reverse the decision:
>>
>> 1) The supreme Court reverses itself in a subsequent case.
>>
>> 2) The Constitution is amended per Article V.
>>
>> 3) The safeguards mentioned in the Declaration of Independence are
>> invoked.
>>
>
> No. Take for an example, plyler v doe 1982. That's the case where
> the SC said illegals have the constitutional right to free k-12
> education.
It's called equal protection; look it up.
> Congress could pass a law banning the admission of illegals
> into public schools
Not a law that would survive Supreme Court scrutiny on federalist
principles.
> and say that any judge who overturns this will be
> removed from office on obvious grounds of taking bribes.
Not a law that would survive Supreme Court scrutiny about bills of
attainder and extra-Constitutional procedures.
>
> The SC would not overturn that law.
In a second.
> On 12/18/2009 11:39 AM, Speeders & Drunk Drivers are MURDERERS wrote:
>> Deadrat <a...@b.com> wrote in
>> news:NcSdnT0Py5owh7bW...@giganews.com:
>>
>>
>>>
>>> Can you figure out now that the preamble to the Constitution won't
>>> allow you to dehumanize illegal immigrants?
>>>
>>
>
> You don't need borders if they are ignored.
Thanks for sharing. What does this have to do with the Constitution?
<snip/>
None of that is constitutionally sound.
Vote for like-minded Senators and a President, and you will get the
Court you desire.
Josh Rosenbluth
I don't see how it does. "We the people of the United States" merely
identifies a *subset* of people.
Also, the 14th Amendment distinguishes between citizens and people:
"No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction the equal
protection of the laws."
So, not all persons are citizens.
Josh Rosenbluth
It's strange how two people can read something and interpret it differently.
Even The Supreme Court does it. It's almost five to four every time.
BIG failure of the Constitution.
Who defines what a person is?
Really? What's "almost five to four"? 6-3? Or do you mean almost every
time?
Brown v Board was 9-0.
For the feds, it the United States Code. A person is either a legal
fiction like a corporation or an individual. This does seems to just kick
the problem down the road.
An individual is a separate and independent human being, capable of holding
legal rights and discharging legal duties. One test is whether the entity
may be represented by a lawyer in court.
Now, if we could only determine whether a lawyer is a human being.
If it is not obvious to you what a person is, then maybe you're an ape
in disguise. Or maybe half-ape.
Note well: All persons are entitled to the equal protection of the laws.
Is a fetus a person?
Is a slave a person?
Damned, dirty ape!
Er, sorry.
This question doesn't have quite such an obvious answer. Is a fetus a
person? A premature infant with lungs so underdevloped that it can't
breathe on its own? How about an ancephalic infant? How about someone in
a persistent vegetative state? How about patients undergoing operations
in which they rely on artificial pumps to circulate cooled blood. (Such
patients have flat-lined EEGs and EKGs during the operation.) Those in
cryogenic storage?
> Note well: All persons are entitled to the equal protection of the
> laws.
Noted.
Not illegal Mexicans. They can't work here, they can't vote, they can't
join the military, but they can be deported or go to jail for just being
in this country. Even immigrants that have taken The Oath of Allegiance
can lose their citizenship, and be deported. They are not protected by
all of our laws, just some of them. Natural born citizens can't be
deported.
The fourteenth amendment was written specifically for black people, and
former slaves. It does not apply to illegal aliens that have broken our
laws by entering without permission. They committed a crime as soon as
they crossed the border illegally, and their only right is to be arrested.
A fetus is a potential person as opposed to an actual person.
>
> Is a slave a person?
A slave was a person who had his freedom taken away from him for a time.
In many countries that practiced slavery they had laws that enabled the
slave to earn his way out of it.
In the United States, many states passed self-serving laws to keep
slaves in bondage for life.
Sort of like Mexico.
When is a life a fetus or a fetus a life, and when is it a baby.
Why take a life, be it called a fetus or baby?
How do you guarantee that you killed a fetus and not a baby?
the only way to guarantee it is to give an exact time and date that the
fetus becomes a baby.... can you do that?
I solve the question by saying just don't kill any until you have all
the correct answers to all the questions.
I agree that "equal protection" does not mean aliens (legal or not) are
always treated identically to citizens (e.g., voting rights). But ...
> The fourteenth amendment was written specifically for black people, and
> former slaves. It does not apply to illegal aliens that have broken our
> laws by entering without permission. They committed a crime as soon as
> they crossed the border illegally, and their only right is to be arrested.
... the plain text of the 14th Amendment says "persons", and makes no
distinctions between citizens, legal aliens, and illegal aliens. So
whatever "equal protection" means, it must apply to illegal aliens.
Josh Rosenbluth
I believe they did.
With equal pleasure I have as often taken notice that Providence has
been pleased to give this one connected country to one united people--a
people descended from the same ancestors, speaking the same language,
professing the same religion, attached to the same principles of
government, very similar in their manners and customs, and who, by their
joint counsels, arms, and efforts, fighting side by side throughout a
long and bloody war, have nobly established general liberty and
independence.
John Jay
A fetus becomes a person (in the 14th Amendment sense) when it is no
longer inside the mother.
Josh Rosenbluth
Sorry, illegal Mexicans, too.
> They can't work here, they can't vote, they
> can't join the military, but they can be deported or go to jail for
> just being in this country.
This is true. Perhaps you don't understand what "equal protection"
means. It doesn't mean that everyone in this country must be treated
identically.
> Even immigrants that have taken The Oath
> of Allegiance can lose their citizenship, and be deported.
Only if they obtained their citizenship by fraud.
> They are
> not protected by all of our laws, just some of them.
> Natural born citizens can't be deported.
No citizen may be deported.
>
> The fourteenth amendment was written specifically for black people,
> and former slaves.
It was. You do realize that this doesn't matter, right?
> It does not apply to illegal aliens that have
> broken our laws by entering without permission. They committed a
> crime as soon as they crossed the border illegally, and their only
> right is to be arrested.
If this is simply your benighted xenophobic opinion of how things ought
to be, then that's fine. You are entitled to your fear-based reasoning.
But it's not the state of the law, based on our founder's principles.
These are noble principles, even (as has been pointed out often), the
founders failed to live up to them. Try to live up to their ideals, and
not down to their failings.
Try this hypothetical. The 8th Amendment bars cruel and unusual
punishment. Does this Constitutional protection apply to illegal
immigrants, or may we legally draw and quarter them upon conviction for
failure to obtain a visa?
In your opinion. If someone shoots a pregnant woman, and kills her
fetus, that person can be charged with murder.
Not in Missouri.
>> Is a slave a person?
>
> A slave was a person who had his freedom taken away from him for a
> time. In many countries that practiced slavery they had laws that
> enabled the slave to earn his way out of it.
> In the United States, many states passed self-serving laws to keep
> slaves in bondage for life.
Worse than that, the slaves' children became slaves at birth. But your
answer is incorrect. A slave in the antebellum United States was not a
legal person.
That fact does not define a 14th Amendment person.
Josh Rosenbluth
I could, but I'd rather say that the applicability of human rights is an
expanding concept.
> American women did not have the right to vote until recently
Sweetie, I'm sorry about the whole denial of suffrage thing, but it's
been 90 years.
<snip/>
A life is a fetus when a gestating entity sufficiently resembles its
adult form. In humans this occurs at the eighth week of pregnamcy.
Given its physiological functions, a fetus is clearly a life. A fetus
becomes a baby when it has passed through the birth canal. But these are
biological concepts. The tricky question is when a life becomes a legal
person.
> Why take a life, be it called a fetus or baby?
Have you checked misc.philosophy?
> How do you guarantee that you killed a fetus and not a baby?
By killing the fetus before it has passed through the birth canal.
> the only way to guarantee it is to give an exact time and date that
> the fetus becomes a baby.... can you do that?
Yes.
> I solve the question by saying just don't kill any until you have all
> the correct answers to all the questions.
I have no problem with that, as long as you don't impose your solution on
me.
Tbis is an interesting piece of propaganda. May I have the source for
it?
Of course, it's been some time since this was one connected country. Or
just about any of the other characteristics that the writer claims. Some
of which -- professing the same religion? -- were never true.
That's because most states define feticide as a type of crime called
murder. It doesn't make the fetus a legal person. No one can represent
the estate of such a fetus in a wrongful death suit, for example.
And who or what defined what a fetus is, or what a slave is?
Maybe they aren't persons.
Who/what defines what a person is?
They are. Why wouldn't they be persons? Are they not individual human
beings?
> Who/what defines what a person is?
The laws and the courts.
If NOT then why did they add that clause to electing the President....
Why did they have states borders and a National border and why do you
need an army if the enemy can simply walk in and there is nothing you
can do about it?
With no "restrictions" how will you keep out the terrorists? Why was
there a question of laws on the high seas if there were no borders.
It's certainly, no longer part of the woman's body.
So what ever you call it, it's not that woman's body.
Some call it Bio-Hazard Trash. Some a tragedy.
Historians aren't sure. It seems to have been given little thought at
the time. One theory is that the founders wanted to prevent the
installation of a foreign sovereign, a popular contemporary game of
musical chairs in Europe.
> Why did they have states borders
State borders were an artifact of colonial borders.
> and a National border
A national border is an artifact of the union of state borders.
> and why do you need an army if the enemy can simply walk in and there
> is nothing you can do about it?
Sometimes the enemy can simply walk in even if you have an army. See the
War of 1812. We're not currently threatened with an invasion by an
occupying force.
>
> With no "restrictions" how will you keep out the terrorists? Why was
> there a question of laws on the high seas if there were no borders.
I don't think the OP was advocating no such restrictions.
>> The Founding Fathers did not believe in any restriction on migration.
>
>
Well hell - lets just start making stuff up around here. HAHAHA
"We the people" was meant to be "we the men", but not all men, really,
so it was more like "We the white men", but not all of them, really,
since it did not include white men who were indentured labour, or
white men wihtout property. So, "We the people" actually meant "We
the rich white men".
ViejoVizcacha
From Tierra del Fuego to Alaska we are all Americans. I am not
USAmerican though.
VV
Have they paid their debt to society? After they have served their
sentence, they are no longer criminals..... How can society label
someone a criminal for life, when the actual sentence isn't life.
Or caught with nothing, and later sentenced by a judge who has shares
in a company that runs private prisons.