Some ideas to fix the constitution...

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Quote from: John Edward Mercier on July 05, 2012, 01:02:04 pm

Article One Section Nine lays out a date (year) before which Congress can not prohibit migration as the States allow.
It would be reasonable to presume that after such a date, Congress would have the power to prohibit migration... or through the Naturalization process set in motion the entrance policy.

Fortunately, we don't have to "presume" (whether reasonably or unreasonably) about what that means, since those who wrote it specifically stated that it was in reference to slaves.

After some serious thought (and some life-experiences) I've come to the conclusion that the weakness in the constitution is that it is IGNORED.
The Supreme Court is definitely the weak point IMO. Why? It's a very very very very weak last defense. There's no check on the SUPREME court's power to deam everything under the sun constitutional! If the corporations can buy out the president and congress (which isn't too hard, I hear ebay now has a "politican" section listed) they can stick any kind of corporatist tool they want in there. Think about it: Obamacare constitutional, 16th amendment properly ratified, gun control constitutional, corporations have rights, patriot act, ndaa, dmca etc etc... they've all been met with the same: What constitution? Go ahead and fuck the people over for the benefit of an imagined legal entity whose only rule is: "MAKE MORE MONEY, to hell with the law or civil rights, or ethics!"

<RANT>
Honestly, how can unemployment be so high, have a national debt that will never be payed off, the middle class is being taxed to nonexistence, the dollar is worthless and yet the stock market is doing great! And sure I could play class-warfare and say "it's the rich people's fault" but honestly it's not entirely. It's like saying that "all black people are all evil because they have higher crime rates than whites." There's a TON of rich people who play the stock market, politics and the CEO game, but they're still people and most of them have SOME morals. Many of them are actually very charitable if for no other reason then they can't possibly spend all their money lol!
</RANT>

Quote from: John Edward Mercier on July 05, 2012, 01:02:04 pm

That's perhaps one of the best Constitutional arguments I've ever heard authorizing immigration restrictions. You make some good points. Here's SCOTUS' view on things.

Quote

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Gibbons v. Ogden 22 U.S. 1, 9 Wheat. 1, 6 L.Ed 23 (1824)

Quote

If this inference were correct; if this power was exercised, not under any particular clause in the constitution, but in virtue of a general right over the subject of commerce, to exist as long as the constitution itself, it might now be exercised. Any State might now import African slaves into its own territory. But it is obvious, that the power of the States over this subject, previous to the year 1808, constitutes an exception to the power of Congress to regulate commerce, and the exception is expressed in such words, as to manifest clearly the intention to continue the pre-existing right of the States to admit or exclude, for a limited period. The words are, 'the migration or importation of such persons as any of the States, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808. The whole object of the exception is, to preserve the power to those States which might be disposed to exercise it; and its language seems to the Court to convey this idea unequivocally. The possession of this particular power, then, during the time limited in the constitution, cannot be admitted to prove the possession of any other similar power.

Slightly off topic is Saenz v Roe 526 U.S. 429 (1999)

Quote

The colonists' repeated assertions that they maintained the rights, privileges, and immunities of persons "born within the realm of England" and "natural born" persons suggests that, at the time of the founding, the terms "privileges" and "immunities" (and their counterparts) were understood to refer to those fundamental rights and liberties specifically enjoyed by English citizens and, more broadly, by all persons. Presumably members of the Second Continental Congress so understood these terms when they employed them in the Articles of Confederation, which guaranteed that "the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States." Art. IV. The Constitution, which superceded the Articles of Confederation, similarly guarantees that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Art. IV, § 2, cl. 1.

Quote from: MaineShark on July 05, 2012, 01:11:13 pm

Quote from: John Edward Mercier on July 05, 2012, 01:02:04 pm

Fortunately, we don't have to "presume" (whether reasonably or unreasonably) about what that means, since those who wrote it specifically stated that it was in reference to slaves.

Slaves would be 'importation', but not 'migration'...

Direct election of the president is a horrible idea. If the president were elected directly he would only be elected by just a few states. CA, FL, PA, TX

An even better way to elect a president would be by voting for GJ. Quickest path to smaller government, eh.

Juries are the only institution for safeguarding Constitutional rights. Everything else is hogwash.

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