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moniss

(8,771 posts)
16. While your intent may be laudable your understanding of the legal case at hand and
Sun Mar 16, 2025, 02:18 PM
Mar 2025

the legal basis cited by Crumb The 1st is completely incorrect. The court decision said the legal basis cited is inapplicable and there is no showing that these people were acting on/sent on behalf of a government and the act talks about being at war. Congress has not declared us to be at war with any country so the application of the legal basis fails on more fronts as well.

You don't get to apply a law allowing bad produce to be returned to people for example just because you want to use some basis to get rid of them. Furthermore your understanding of Constitutional order, it's application, due process, court decisions and the responsibility of parties in a case to abide by those decisions also fails.

First of all we as a country are required to act under our Constitution. It is what gives us any authority to act on anything. Marbury v Madison in 1803 determined that the Courts have the power to review and determine Constitutionality. Also this is sometimes summed up as the power of judicial review. When a case is in court the parties, including the government, are bound by the due process of judicial review. The parties are not just the lawyers in court. It is who they represent in the case and in this case it is the government and the projected deportees.

If the government disagreed with a court decision then due process allows them to ask for a stay by a higher court while they appeal but it does not allow them to simply ignore and fail to comply. If that were the case then any court case about anything could have the same thing happen and under your standards it would be OK. The very least the government did here is violate due process and a finding of contempt could also be found.

Nobody is pleased in having gang members here but the answer is to deport them lawfully. They had them in custody, obviously, and therefore had the ability to keep hold of them while the government went to a higher court or the government came back with a different legal basis applied. Instead in an apparent fit of anger they ignored the court, violated due process and now are doing a celebration over having done so.

If you do claim to really understand the process then your argument here boils down to "the ends justify the means" and the Constitution and due process should be something we apply and adhere to on the basis of how we feel about people or a subject matter.

Recommendations

1 members have recommended this reply (displayed in chronological order):

This. Is. Bad. tonkatoy8888 Mar 2025 #1
THIS is a Constitutional crisis, right the f*ck now. NotHardly Mar 2025 #4
No. It's. Not. -- executive is not obligated to follow an unconstitutional judicial order cadoman Mar 2025 #5
Who says it's and 'unconstitutional judicial order'? SnoopDog Mar 2025 #9
Honest question: What was illegal about the deportation of the "Venezuelan gang members?" Polybius Mar 2025 #14
Why don't you look it up yourself? SnoopDog Mar 2025 #18
Because it was easier to ask you Polybius Mar 2025 #19
What was "illegal" was the use of the "Alien Enemies Act of 1798" to do it BumRushDaShow Mar 2025 #20
Thank you for answering me BumRush! Polybius Mar 2025 #21
When I saw saw your reply, I was literally listening to a local news radio report on this very subject BumRushDaShow Mar 2025 #23
The Judicial Branch Decides What Is Constitutional MayReasonRule Mar 2025 #13
While your intent may be laudable your understanding of the legal case at hand and moniss Mar 2025 #16
an act of war isn't necessary to invoke the act, see below cadoman Mar 2025 #25
Let's cut the crap of accepting that just because they moniss Mar 2025 #26
What foreign nation or government would that be, exactly? NickB79 Mar 2025 #29
that is essentially what the EO asserts, it uses the term "hybrid criminal state" (nt) cadoman Mar 2025 #31
I don't believe they are all gang members any more than I believe "their eating the cats and dogs". Cobalt Violet Mar 2025 #24
what gives him the power to unilaterally deport undocumented migrants? cadoman Mar 2025 #2
"It would be a mistake to use our political capital protecting TdA terrorists" BumRushDaShow Mar 2025 #3
you do know that the ACLU battled a far more extreme use of this power and lost, right? cadoman Mar 2025 #7
Again BumRushDaShow Mar 2025 #15
I was referencing sentiment from forum threads, bsky, etc. cadoman Mar 2025 #27
DU is just a "discussion board" BumRushDaShow Mar 2025 #28
appreciate that cadoman Mar 2025 #32
But you cannot ignore what was in your highlighted section BumRushDaShow Mar 2025 #35
agree, and the plaintiffs will have to prove that TdA is an independent org from Venezuela cadoman Mar 2025 #37
If my memory is correct tonkatoy8888 Mar 2025 #8
we have a shit-ton of overcrowded and poorly-funded facilities that desperately need to be improved cadoman Mar 2025 #10
How to convince low information voters Dumpy Mar 2025 #6
Laken Riley agrees! Sea Turtle Mar 2025 #33
Remember all the Do-gooders and garland apologists here? 3825-87867 Mar 2025 #11
This message was self-deleted by its author ancianita Mar 2025 #12
Jail time for whom judge ? republianmushroom Mar 2025 #17
Is there any real proof these are gang members? Cobalt Violet Mar 2025 #22
Doesn't matter how anyone "feels" about it stoned Mar 2025 #30
The problem -AGAIN- is the use of the authority from the "Alien Enemies Act of 1798" BumRushDaShow Mar 2025 #34
Post removed Post removed Mar 2025 #36
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