On 2019-07-30, Nadegda <nad31...@gmail.invalid> wrote:
> Time to trigger the right-wing snowflakes again. Melt, snowflakes, melt!
> On Mon, 29 Jul 2019 13:52:55 +0000, Steve Carroll wrote:
>
>> On 2019-07-29, kensi <kkensi...@gmail.nospam.invalid> wrote:
>>> On 7/28/2019 9:55 AM, Steve Carroll wrote:
>>>> On 2019-07-28, kensi <kkensi...@gmail.nospam.invalid> wrote:
>>>>> The entire Bill of Rights hardly even mentions "citizens".
>>>>
>>>> The reference is "the People" or "We the People" as seen in the
>>>> preamble... *those* "people" are U.S. citizens. In the preamble the
>>>> term "ou<SMACKAK00K!>
>>>
>>> Quit changing the subject. The discussion was about the Bill of Rights,
>>
>> I was addressing Snit's error as to who "We the People" are (and are
>> not), he's clearly confused by it... elsewhere he conflated the
>> Declaration of Independence with the U.S. Constitution.
>
> Nice backpedal and deflection attempt.
? Snit erroneously dragged in the Declaration of Independence.
> Point: kensi.
Uh... aren't you two the same person?
>>> i.e. the 1789 document containing the first ten Amendments, not the
>>> original, unamended 1787 Constitution that preceded it.
>>>
>>>> written. The idea that "We" (any version of it, for any country on the
>>>> planet) can prescribe a legal doctrine that applies to *all* "people"
>>>> on the planet is off the chart loony...
>>>
>>> It doesn't. It applies to the U.S. government, enjoining it from doing
>>> a variety of things *to* (in most instances) all people on the planet.
>>
>> That's what I just said... it's a limit on what they can do with respect
>> to "the people" of the United States.
>
> No, it's a limit on what they can to with respect to people, period --
> just as kensi said.
Yet, we know that there are people who are not even getting a trial
before being deported, i.e. undocumented felons as per Clinton's IIRIRA.
If you didn't like Bill's bill, you'll probably have a heart attack over
this:
<
https://time.com/5632671/undocumented-immigrants-expedited-removal/>
(and, yes, the ACLU is already on it)
> Point: kensi.
>
>> The phrase: "We the People of the United States"
>
> is in the Preamble, not the Bill of Rights.
LOL! I'm the one who pointed that out:
--
The reference is "the People" or "We the People" as seen in the preamble...
--
> Point: kensi.
>
>> means exactly what it says, nothing more. Now tell it to
>> Snit, who is unquestionably confused over this.
>
> How ironic.
Quite ;)
>>>> The Bill of Rights is an incomplete list of the rights of U.S.
>>>> citizens
>>>
>>> Wrong. It is not limited to citizens.
>>
>> LOL! Technically, it is<SPANK>
>
> ----------
> Congress shall make no law respecting an establishment of religion, or
> prohibiting the free exercise thereof; or abridging the freedom of speech,
> or of the press;
> ----------
In regards to the people in the group known as "We the People".
> This clearly enjoins Congress from certain actions.
When dealing with a member of the group known as "We the People". See
the pattern here yet?
> It grants no
> exceptions. It does not say that Congress may abridge the freedom of
> speech, if it's a foreigner's speech or even if that speech takes place
> outside of the United States. It says Congress may not abridge the freedom
> of speech. Period. Nor may it pass any law that creates a religious
> preference, either favoring or disfavoring one -- again no mention of any
> other party but Congress itself.
We're not talking about foreigners, we're talking about undocumented
immigrants who are in the country in violation of federal law.
> ----------
> or the right of the people peaceably to assemble, and to petition the
> Government for a redress of grievances.
> ----------
>
> This last bit of the First Amendment is the only bit to mention "the
> people" at all,
So you're now arguing that the words of the Preamble, you know, the
reason the rest of the document even exists, are to be ignored if they
are not endlessly (Snitishly) repeated to reflect the fact the document
is in reference to "ourselves" AKA "We the People" throughout?
LOL! You realize how ridiculous that is, right?
> but it still is an injunction on Congress not to do
> certain things: restrict assembly (presumably inside of the borders, as
> laws passed by Congress lack jurisdiction beyond them anyway) or forbid
> suing the government (presumably applying to residents, as people not
> bound by US law would lack standing to sue -- though this suggests they
> failed to anticipate the US polluting or exporting war, weapons, and black
> ops regime change operations, so perhaps the whole population of the
> planet should have standing to sue).
>
> Point: kensi.
>
> Most of the next items mention "the people" or "a person" but do nothing
> to suggest that this means any narrower set than "all human beings".
> The Sixth Amendment changes things up a bit:
Hint-1: the word "ourselves" pretty much covered it. See, it's actually
pretty simple, if the intention was to include "all" people, we'd see
different language used in the Preamble and the Bill of Rights.
Hint-2: The perfect "Union" being referred to is called the United States,
not the Global States.
Hint-3: If you have an argument, it lives in latter amendments. Here's
a decent set of arguments as to why (that, notably, are not being used):
<
https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=4617&context=caselrev>
The point is don't invoke the Bill of Rights when that's not where your
argument (if you have one) lives. If you read the article I just linked
to, you'll eventually come across this (that you'll probably flip over),
which I feel compelled to include:
--
The immediate request for and passage of a Bill of Rights, in effect
demanded by and promised to the ratifying conventions, as well as the
egalitarianism of the first quarter of the 19th century which culminated
in Jacksonian democracy, signified, to an extent, the arrival of a new
and broader base for "We, the People." The "middling" or middle class
people who had influenced the constitutional language also influenced
the Vermont guarantee of universal suffrage in 179 1;288 and in the next
few years most of the States, original and new, followed suit.28 When
politicians now spoke of "the people," therefore, they no longer
appealed to the selected few of a minority of the population; their
constituents had increased to most, if not all, of those not otherwise
disenfranchised, e.g., the Negro, so that a somewhat popular
sovereignty, if not an all-inclusive one, was emerging. That the first
judiciary was not uninfluenced by all this is disclosed by flowery and
broad language in the early reports, for example, that "the mighty hand
of the people" established a Constitution, which therefore "contains the
permanent will of the people . 280 that, according to Marshall,
the instrument was submitted to the people.... The government proceeds
directly from the people .... The government of the Union, then . . .,
is, emphatically and truly, a government of the people. In form, and in
substance, it emanates from them. Its powers are granted by them, and
are to be exercised directly on them, and for their benefit.
But if Marshall's language here is ambiguous, that is, whom does the
"people" include, 2 years later he sought to clarify it as "the whole
body of the people; not... any subdivision of them."2 9 2 But by "the
whole body" Marshall refers to the collective people - the total,
national electorate - not merely those in one (or more) State(s); and,
as we have seen, even this collectivity is a restricted and therefore
limited one insofar as it authorized and ratified a Constitution. Thus
that a minority. 3 created a document which was to be exercised (solely)
"for their benefit," thereby excluding all others (i.e., the totality of
the people) is manifestly a redactio ad absardum! The original term
"People" in the Preamble is therefore not, as popular mythology has
dignified it, a broad and inclusive term. It is limited to a political,
not economical or sociological, use, although it may nevertheless be
used separately as an all-inclusive term for all humans in the country.
But it is then further limited in the Preamble by being restricted to
voters, and this second restriction immediately excludes a host of
people, such as minors and aliens. In this sense, therefore, the
original "We, the People" is not to be confused with the people included
in a census, or discussed in terms of the military or economic needs of
the nation, and so on.
--
In a word: voters. Only a voter can be a part of "people" who grant
power, who "ordain". If I'm wrong, does it make sense that we confer all
kinds of other Constitutional protection to undocumented people, yet, we
deny them the right to vote or to a trial in matters of deportation?
A better question: Do you think they should have the right to vote?
You likely don't realize but you've tacitly answered 'yes' via your Bill
of Rights arguments. So you have a problem... even in San Francisco,
they're having trouble just getting them the right to vote in school
board elections. Put another way, I don't think the 'electorate' would
agree with your stance to give undocumented people the right to vote in
a national election.
(snip more of the same)