The real purpose of the mass deportations beyond their propaganda value is to land an inevitable case before the Supreme Court that will clarify the murky status of "illegal aliens" under the protections of the Constitution. Heretofore the courts have been as liberal as possible to protect as many as possible with due process protections…
The real purpose of the mass deportations beyond their propaganda value is to land an inevitable case before the Supreme Court that will clarify the murky status of "illegal aliens" under the protections of the Constitution. Heretofore the courts have been as liberal as possible to protect as many as possible with due process protections. However there has never been a black and white affirmation of those rights for anyone not present with legal status. This will be the opportunity to get that clarity in a way that favors the Trump regime's program.
All Trump has to show the court is evidence that the concerns raised in this article have been anticipated and addressed like wrongful deportation. Whether such policies and procedures are effective or efficient would be the subject of litigation beyond the scope of the program itself.
Also one of the propaganda efforts of the Trump regime will be to televise and flood the social media with coverage of well orchestrated, planned and executed deportation events. First to signal they are serious and the more aggressive the enforcement the more the majority of Americans will feel like action is taking place to solve the problem. In other words the effectiveness of the program has less value than the messaging.
Also one of the contributors hinted at physical resistance and I am pretty sure that will actually feed into the already unfavorable attitudes of nativists. Remember that for Trump the obvious cruelty of any policy is a selling point and not a liability. Family separation will be considered a good thing by them.
The Equal Protection Clause of the 14th Amendment requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. Both the 4th Amendment (illegal searches and seizures) and 5th Amendment (due process) protections by their terms apply to “persons.” Additionally, many federal statutes based on these protections are worded to provide civil rights protections to all those “present in 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."
I am sure that several Republican Justices are prepared to reinterpret the text as they have done with section 3 of this amendment and their invention of presidential immunity for criminal acts done under the color of official acts and having decided that a bribe isn't a bribe as long as delivery of the "gift" used to induce the behavior is delivered after and not before.
I would agree with you IF we were dealing with a court of even a decade ago. BUT this Court is more than happy to dispose of precedents that have been accepted for decades and even centuries.
Were we dealing with a judiciary from even twenty years ago I would agree with you
The operative phrases are "due process" and the meaning of "equal protection."
Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. As long as they have a reasonably fair process that is intended to be equally applied to all persons in a similar legal position THIS Supreme Court will uphold the Trump regime.
Harley - "well orchestrated" LOL. One of the strategies is to outsource the efforts to local law enforcement, with incentives like homeland security funds and cop toys like hummers, body armor, drones, etc. When Barney Fife or the MAGA sheriff get this credit-carte-blanche go-ahead, it's likely that civil liberties will take a back seat (probably not even along for the ride). Of course, if anything really ugly gets out in the press, Tom Homan can blame the low-level cops for their over-enthusiasm, with Trump bleating on Fox that "Arrest 'em hard. I'll pay for their lawyers" - we've already seen that show, right? So we get the meanness & the fear and the administration gets a slightly plausible deniability, at least in his royal court media; mainstream will report as if legal niceties WERE intended, but just got a lost in carrying out the shock'n'awe. Best of both worlds for Trump.
Your thought about getting some issues before the Supremes - but of course!
Our Governor in Florida is pushing to get a law passed that he can remove any sheriff or police chief for failing to enforce whatever policy the Trump regime comes up with. Also he wants to use the national guard and our state guard (his personal military police) to "supplement" local law enforcement.
I do believe this is is opening move for his presidential campaign for 2028.
The real purpose of the mass deportations beyond their propaganda value is to land an inevitable case before the Supreme Court that will clarify the murky status of "illegal aliens" under the protections of the Constitution. Heretofore the courts have been as liberal as possible to protect as many as possible with due process protections. However there has never been a black and white affirmation of those rights for anyone not present with legal status. This will be the opportunity to get that clarity in a way that favors the Trump regime's program.
All Trump has to show the court is evidence that the concerns raised in this article have been anticipated and addressed like wrongful deportation. Whether such policies and procedures are effective or efficient would be the subject of litigation beyond the scope of the program itself.
Also one of the propaganda efforts of the Trump regime will be to televise and flood the social media with coverage of well orchestrated, planned and executed deportation events. First to signal they are serious and the more aggressive the enforcement the more the majority of Americans will feel like action is taking place to solve the problem. In other words the effectiveness of the program has less value than the messaging.
Also one of the contributors hinted at physical resistance and I am pretty sure that will actually feed into the already unfavorable attitudes of nativists. Remember that for Trump the obvious cruelty of any policy is a selling point and not a liability. Family separation will be considered a good thing by them.
The Equal Protection Clause of the 14th Amendment requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. Both the 4th Amendment (illegal searches and seizures) and 5th Amendment (due process) protections by their terms apply to “persons.” Additionally, many federal statutes based on these protections are worded to provide civil rights protections to all those “present in the United States.”
Black, White, and Brown.
"...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."
I am sure that several Republican Justices are prepared to reinterpret the text as they have done with section 3 of this amendment and their invention of presidential immunity for criminal acts done under the color of official acts and having decided that a bribe isn't a bribe as long as delivery of the "gift" used to induce the behavior is delivered after and not before.
I would agree with you IF we were dealing with a court of even a decade ago. BUT this Court is more than happy to dispose of precedents that have been accepted for decades and even centuries.
Were we dealing with a judiciary from even twenty years ago I would agree with you
The operative phrases are "due process" and the meaning of "equal protection."
Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. As long as they have a reasonably fair process that is intended to be equally applied to all persons in a similar legal position THIS Supreme Court will uphold the Trump regime.
Harley - "well orchestrated" LOL. One of the strategies is to outsource the efforts to local law enforcement, with incentives like homeland security funds and cop toys like hummers, body armor, drones, etc. When Barney Fife or the MAGA sheriff get this credit-carte-blanche go-ahead, it's likely that civil liberties will take a back seat (probably not even along for the ride). Of course, if anything really ugly gets out in the press, Tom Homan can blame the low-level cops for their over-enthusiasm, with Trump bleating on Fox that "Arrest 'em hard. I'll pay for their lawyers" - we've already seen that show, right? So we get the meanness & the fear and the administration gets a slightly plausible deniability, at least in his royal court media; mainstream will report as if legal niceties WERE intended, but just got a lost in carrying out the shock'n'awe. Best of both worlds for Trump.
Your thought about getting some issues before the Supremes - but of course!
Our Governor in Florida is pushing to get a law passed that he can remove any sheriff or police chief for failing to enforce whatever policy the Trump regime comes up with. Also he wants to use the national guard and our state guard (his personal military police) to "supplement" local law enforcement.
I do believe this is is opening move for his presidential campaign for 2028.