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Random Politics & Religion #35: It's Turtle Time!
Bahamut.Ravael
サーバ: Bahamut
Game: FFXI
Posts: 13640
By Bahamut.Ravael 2018-11-01 14:48:09
Because nothing in politics makes sense. Everyone knows politicians lie, but any politician who admits that they stretch the truth from time to time will get a ton of backlash for it.
In other words, it's better to be a deceitful liar than a transparent one. Why? Because people are idiots.
Asura.Saevel
サーバ: Asura
Game: FFXI
Posts: 9910
By Asura.Saevel 2018-11-01 14:49:11
This is true, his intentions are as this states.
However, the words in the actual amendment do not reflect this, and the actual wording in the amendment are the only legally binding words that matter in court.
2nd amendment guarantees rhe right to “bear arms” this could mean muskets, but it doesn’t because there is contextual relevance to the intent behind the language.
There is a case here, and it will goto the SJC.
The 2nd Amendment spells out the rights.
Quote: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The active word is shall not be infringed, meaning the government can't restrict or remove it. It clearly states that the people have a right to possess firearms and that the government can not infringe on that right. It also includes language authorizing non-Government para-military organizations and stipulating the reasons for both of these rights.
The 14th Amendment, part 1
Quote: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.
It spells it the *** out with zero exceptions or room for interpretation. It then goes on to clearly say that states can not remove citizenship or control citizenship in any way. And finally it says that due process applies to everyone regardless of citizenship.
That last part is super important because it use's a very special phrase "any persons" while also having the same term "citizens" in the same context. This means they clearly recognized the different category of voting citizens and everyone else.
You can have whatever personal opinion you want about the 14th, but that opinion isn't law nor does it provide reasonable ground to argue on. Of course that hasn't stopped progressives from trying to redefine away gun ownership rights.
So I guess Nausi is a progressive now.
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 14:52:55
Yep. Which is why the SCOTUS in 1898 ruled that it applies to ANYONE born on U.S soil so long as the parents have permanent residence here. Not to pick holes, but what does it say about when they don't have "permanent residence" here? For example, people without documents living here without residency or visas?
Generally asking for clarification, not being a smart ***.
By Zerowone 2018-11-01 14:54:30
Not really because he hasn’t considered how corporate personhood is potentially affected by modifying the 14th amendment recklessly.
Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 14:54:36
A very honest answer.
Would anyone believe Obama if he said he always told the truth?
If you did, you would be pretty dumb. Still trying to find the doctor I lost he said I could keep. =P
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 14:58:12
government can not infringe on that right Not to stray away from point, but they DO infringe. Some reasonable control is acceptable, but that reasonable control has been hijacked to ban perfectly normal items used by and far in many states without issues.
ANYWAYS. Ummm....saw an article earlier about more Jewish people taking up arms for self defense.
By Zerowone 2018-11-01 15:01:40
Carbuncle.Skulloneix said: »Yep. Which is why the SCOTUS in 1898 ruled that it applies to ANYONE born on U.S soil so long as the parents have permanent residence here. Not to pick holes, but what does it say about when they don't have "permanent residence" here? For example, people without documents living here without residency or visas?
Generally asking for clarification, not being a smart ***.
They would be subjected to the laws of the United States therefore the child would be eligible.
That wording is intentional so as to not create diplomatic drama.
Children of foreign dignitaries, ambassadors, royalty born in the US would not be eligible.
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Asura.Saevel
サーバ: Asura
Game: FFXI
Posts: 9910
By Asura.Saevel 2018-11-01 15:03:13
Carbuncle.Skulloneix said: »Yep. Which is why the SCOTUS in 1898 ruled that it applies to ANYONE born on U.S soil so long as the parents have permanent residence here. Not to pick holes, but what does it say about when they don't have "permanent residence" here? For example, people without documents living here without residency or visas?
Generally asking for clarification, not being a smart ***.
The concept of illegal immigrants didn't really exist during this time.
Actually this case does highlight something very important, the entire reason it happened in the first place was that the US had made some regulations restricting those of Chinese descent from immigrating to the US (sound familiar). He was denied entry because he was Chinese and his parents weren't naturalized, the Supreme court said that didn't matter and that his birth on US soil and his parents not being representatives of a foreign government (diplomatic immunity) was sufficient to satisfy the 14th Amendment requirements.
Immigration wasn't nearly as restricted during this case but there was some laws around it. The Supreme Court didn't say much about those but since then it's just been assumed that birth on US soil is sufficient.
Now in order to argue against something like this you would need a crazy strong legal reason because there are literally millions of US citizens who are citizens by birth from foreign parents. This would be arguing for their disenfranchisement which is a huge legal landmine and the Supreme Court tends to look unfavorably on those things.
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 15:04:51
Carbuncle.Skulloneix said: »Yep. Which is why the SCOTUS in 1898 ruled that it applies to ANYONE born on U.S soil so long as the parents have permanent residence here. Not to pick holes, but what does it say about when they don't have "permanent residence" here? For example, people without documents living here without residency or visas?
Generally asking for clarification, not being a smart ***.
They would be subjected to the laws of the United States therefore the child would be eligible.
That wording is intentional so as to not create diplomatic drama.
Children of foreign dignitaries, ambassadors, royalty born in the US would not be eligible. Understood, so the loophole is that those foreign people, ambassadors and royalty, could not count as part of that. GOTCHA. Makes sense.
Was just curious since residency NOW means legal status to live here and work with the residency card/"green card"
Thank you very much Zero. =) Have a good weekend in case I forget to say it tomorrow.
Asura.Saevel
サーバ: Asura
Game: FFXI
Posts: 9910
By Asura.Saevel 2018-11-01 15:05:10
Carbuncle.Skulloneix said: »government can not infringe on that right Not to stray away from point, but they DO infringe. Some reasonable control is acceptable, but that reasonable control has been hijacked to ban perfectly normal items used by and far in many states without issues.
ANYWAYS. Ummm....saw an article earlier about more Jewish people taking up arms for self defense.
Ahh but a later amendment granted the government right to reasonable infringement under the well being clause. Thus someone who has committed a felony and proven to be a danger to other citizens can have their rights infringed upon until such time as they are no longer considered a danger to society.
Check out the later clause's of the 14th, it mentions some of that.
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 15:06:37
millions of US citizens who are citizens by birth from foreign parents /raises hand
OOOOH OOOH TEACHER! MEE! THAT'S ME!
Folks are here legally and have all dots dotted and ts crossed.
Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 15:08:27
Ahh but a later amendment granted the government right to reasonable infringement under the well being clause. Thus someone who has committed a felony and proven to be a danger to other citizens can have their rights infringed upon until such time as they are no longer considered a danger to society. Agreed and reasonable. But that's on an individual case by case for "if you committed felon, you lose rights" not a blanket scope of "we don't like these guns, we will ban you from having them, also we will make it difficult, to impossible for you to carry for reason of self defense" nonsense.
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By fonewear 2018-11-01 15:10:30
The lack of Simpsons gifs/videos is disturbing
By fonewear 2018-11-01 15:11:06
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By fonewear 2018-11-01 15:16:06
It's Nov and retail told me it is Christmas time:
First episode of "modern Simpsons"
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 15:16:23
The lack of Simpsons gifs/videos is disturbing
Asura.Saevel
サーバ: Asura
Game: FFXI
Posts: 9910
By Asura.Saevel 2018-11-01 15:25:03
Carbuncle.Skulloneix said: »Ahh but a later amendment granted the government right to reasonable infringement under the well being clause. Thus someone who has committed a felony and proven to be a danger to other citizens can have their rights infringed upon until such time as they are no longer considered a danger to society. Agreed and reasonable. But that's on an individual case by case for "if you committed felon, you lose rights" not a blanket scope of "we don't like these guns, we will ban you from having them, also we will make it difficult, to impossible for you to carry for reason of self defense" nonsense.
Exactly, it requires that the "person" violate the law by committing a felony and thus disenfranchise themselves. The 14th amendment is what creates the ability for States to suspend certain constitutional rights for the commission of crimes.
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 15:27:16
Carbuncle.Skulloneix said: »Ahh but a later amendment granted the government right to reasonable infringement under the well being clause. Thus someone who has committed a felony and proven to be a danger to other citizens can have their rights infringed upon until such time as they are no longer considered a danger to society. Agreed and reasonable. But that's on an individual case by case for "if you committed felon, you lose rights" not a blanket scope of "we don't like these guns, we will ban you from having them, also we will make it difficult, to impossible for you to carry for reason of self defense" nonsense.
Exactly, it requires that the "person" violate the law by committing a felony and thus disenfranchise themselves. The 14th amendment is what creates the ability for States to suspend certain constitutional rights for the commission of crimes. Yah! BTW, I'm not touching that 14th Amendment thing. LOL. I don't want it removed or changed, but would listen to reasonable arguments for restraining it/modifying it.
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Asura.Saevel
サーバ: Asura
Game: FFXI
Posts: 9910
By Asura.Saevel 2018-11-01 15:42:03
Carbuncle.Skulloneix said: »Carbuncle.Skulloneix said: »Ahh but a later amendment granted the government right to reasonable infringement under the well being clause. Thus someone who has committed a felony and proven to be a danger to other citizens can have their rights infringed upon until such time as they are no longer considered a danger to society. Agreed and reasonable. But that's on an individual case by case for "if you committed felon, you lose rights" not a blanket scope of "we don't like these guns, we will ban you from having them, also we will make it difficult, to impossible for you to carry for reason of self defense" nonsense.
Exactly, it requires that the "person" violate the law by committing a felony and thus disenfranchise themselves. The 14th amendment is what creates the ability for States to suspend certain constitutional rights for the commission of crimes. Yah! BTW, I'm not touching that 14th Amendment thing. LOL. I don't want it removed or changed, but would listen to reasonable arguments for restraining it/modifying it.
Well if they really wanted they would have to argue that those who entered without inspection (that's illegals) and are a citizen of another country, are still subject to the jurisdiction of other countries and thus not subject to the jurisdiction of the US.
That's a super thin argument though and likely to get knocked down pretty easily. The Constitution makes a distinction between "persons / people" and "citizens". The first category means anyone present in the US while the second refers only to US citizens. So the whole thing basically breaks down to "anyone born in the US and subject to US law is a citizen". Someone would have to argue that not entering legally makes them not lawfully subject to US law...
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Carbuncle.Skulloneix
サーバ: Carbuncle
Game: FFXI
Posts: 15018
By Carbuncle.Skulloneix 2018-11-01 15:42:06
So, did we discuss Don Lemon or we giving him a pass?
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Odin.Slore
サーバ: Odin
Game: FFXI
Posts: 1350
By Odin.Slore 2018-11-01 16:35:37
I wish you would post from non biased sources. The rest of his quote is magically missing.
When I can, I tell the truth (about what is public knowledge, obviously some things are not.)
CNN loves to butcher comments to make Trump look bad and libs wonder why he has a war against media.
Garuda.Chanti
サーバ: Garuda
Game: FFXI
Posts: 11402
By Garuda.Chanti 2018-11-01 16:47:42
Its a quote from an interview he gave to ABC news. The article not pnly places it in context, it links to the interview.
"when I can" unfortunatly he can't.
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By Nausi 2018-11-01 16:50:52
That 1898 precedent addresses people who have permanent domicile in the US. Modern illegals cannot have a permanent domicile in the US because they do not jave legal authority to be here permanently.
By fonewear 2018-11-01 17:19:28
Reason why the Wong Kim Ark ruling is strictly upheld at all levels of the court is the following example. Say, a Mexican man (Not making this a race thing, just hypothetical for the sake of the example) comes here illegally, has a kid. The kid grows up, commits a crime. The kid can't be tried in U.S courts unless he's a U.S citizen. He can't be arrested by police officers in the U.S unless he's a U.S citizen. It presents the courts with a legal nightmare that would then need to be figured out. Unless the kid is considered as a citizen here, our courts system can't do jack ***. Conferring citizenship status at birth makes the kid beholden to U.S laws and U.S legal consequences via the courts if he should ever get in trouble.
Only one way to respond to this:
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By fonewear 2018-11-01 17:20:00
Everybody have fun tonight...everyone ignore CJ posts tonight !
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By Zerowone 2018-11-01 18:50:59
Everybody have fun tonight...everyone ignore CJ posts tonight ! Rocks are Guns!
By fonewear 2018-11-01 19:02:33
I admit I'm crazy but not crazy enough to understand some of the people here...maybe if I have 3 beers. I can only comprehend insanity drunk.
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Node 285
Fresh new thread for the Kavanaugh vote.
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