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#1
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
San Fransicko, Californica, pontificates with boycotts, but reality
sets in.... http://www.kcbs.com/bayareanews/Sanctuary-City-/6993538 ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | I love to cook with wine. Sometimes I even put it in the food. |
#2
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Fri, 07 May 2010 10:11:47 -0700, Jim Thompson
wrote: San Fransicko, Californica, pontificates with boycotts, but reality sets in.... http://www.kcbs.com/bayareanews/Sanctuary-City-/6993538 ...Jim Thompson And they're (no surprise) hypocrites.... http://www.americanpatrol.com/REFERE...34b-CA_PC.html ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#3
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 18:43:28 -0500, flipper wrote:
On Mon, 24 May 2010 09:41:50 -0700, Jim Thompson wrote: On Fri, 07 May 2010 10:11:47 -0700, Jim Thompson wrote: San Fransicko, Californica, pontificates with boycotts, but reality sets in.... http://www.kcbs.com/bayareanews/Sanctuary-City-/6993538 ...Jim Thompson And they're (no surprise) hypocrites.... http://www.americanpatrol.com/REFERE...34b-CA_PC.html ...Jim Thompson I'm not sure that statute, despite being 'still on the books', is operational as it was part of Prop 187, which was ruled unconstitutional by the Federal District Court and placed under 'permanent injunction'. At least that's how some are 'reporting' it. What really happened is the "Illegal Immigration Reform and Immigrant Responsibility Act of 1996" ( IIRIRA) was passed (alleged Supremacy Clause conflict) and the suit was *mediated*, so it's 'possible' that section remained after the 'mediation' but I doubt it. However, in investigating the IIRIRA I've come to the conclusion it's likely (not foregone conclusion) the Court will rule the Arizona statute unconstitutional because the IIRIRA specifically provides for the Fed to enter into 'agreements' with state and local officials for the purpose of enforcing federal immigration law, placing requirements on those officials, and that will, no doubt, invoke another Supremacy Clause argument. In particular: "SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION ENFORCEMENT. ‘‘(g)(1) Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law. ‘‘(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws......." As sympathetic as I am to Arizona's problem I don't see an obvious way around the Supremacy Clause issue, at least not when one considers how the Court traditionally interprets it and the "Naturalization" clause. The problem lies in this Administration and Congress's disregard for their Constitutional duty. For example, rather than indignant pontification Obama could have said he was directing ICE to investigate increasing the number of cooperative agreements, and training, with local authorities: something he could actually do legally, and without 'taking over' half the country, but I suppose that's not nearly so much fun as 'remaking America." We'll just throw 'em in jail :-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#4
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 21:01:17 -0500, flipper wrote:
[snip] And an officer is certainly not 'trained' in every nuance of criminal law. He makes a 'reasonable' determination but not a 'final adjudication' or else there'd be no need for courts. One problem I see is the State is not (explicitly anyway) authorized to delegate powers beyond what's stated in SEC. 133. That, btw, is what Arizona is trying to skirt by making it also a 'State crime' but, as I've already mentioned, I have problems with that. Don't really care if you have problems with that or not. Arizona is becoming the seat of rebellion... Next issue, if you can't speak English without an accent, you can't teach "English as a Second Language" classes. Enforcement began today. Coming next, "Skin a Federale for Fun Day" :-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#5
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 21:50:50 -0500, flipper wrote:
On Mon, 24 May 2010 19:31:27 -0700, Jim Thompson wrote: On Mon, 24 May 2010 21:01:17 -0500, flipper wrote: [snip] And an officer is certainly not 'trained' in every nuance of criminal law. He makes a 'reasonable' determination but not a 'final adjudication' or else there'd be no need for courts. One problem I see is the State is not (explicitly anyway) authorized to delegate powers beyond what's stated in SEC. 133. That, btw, is what Arizona is trying to skirt by making it also a 'State crime' but, as I've already mentioned, I have problems with that. Don't really care if you have problems with that or not. Arizona is becoming the seat of rebellion... I wish you luck but that part of the 'rebellion' may not go very far if the Court strikes it down. Your best hope is if Holder personally appoints a lawyer as numbskull as he is to handle the case, unless it goes to a Federal Court of numbskulls Obama appointed. In that event you're SOL no matter what the Constitution and Law says. Next issue, if you can't speak English without an accent, you can't teach "English as a Second Language" classes. Enforcement began today. Now there's a slippery slope if ever I saw one. Next you'll be wanting math teachers to know something of math and science teachers to know something of science, and on and on. Where does it end? Coming next, "Skin a Federale for Fun Day" :-) Isn't that a Mexican holiday? ...Jim Thompson Yep, Sicko de Mayo ;-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#6
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 21:01:17 -0500, flipper wrote:
[snip] One problem I see is the State is not (explicitly anyway) authorized to delegate powers beyond what's stated in SEC. 133. That, btw, is what Arizona is trying to skirt by making it also a 'State crime' but, as I've already mentioned, I have problems with that. [snip] (1) Repeating myself, I don't give a flying fluck that you "have problems with that". (2) _Read_ the law, it requires an unlawful act BEFORE interdiction. (3) "Profiling" in traffic is impossible. Try it sometime. (4) Presentation of a valid Driver's license (*) disallows questioning about immigration status. (*) AZ uses hologram technology, and the police carry a tool to verify that it's not forged. (5) If ICE doesn't cooperate, we'll create another law, try 'em, then hand 'em off to Arpaio for a year. They'll not come back. (6) Illegal population is already down _significantly_ and the law hasn't even gone into effect yet... they're fleeing north to avoid Arizona's law. I personally know people that say their yard workers have fled. (My yard guy is a smart middle-aged white guy with several secretarial service and publication corporations... but likes to work outdoors :-) (7) Worst comes to worst, we'll bus 'em north. Will you "have problems with that" ?:-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#7
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
"Jim Thompson" wrote in
message ... Next issue, if you can't speak English without an accent, you can't teach "English as a Second Language" classes. Enforcement began today. Doesn't that leave out many would-be teachers from New York or New Jersey then? :-) |
#8
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 25 May 2010 10:05:40 -0700, "Joel Koltner"
wrote: "Jim Thompson" wrote in message ... Next issue, if you can't speak English without an accent, you can't teach "English as a Second Language" classes. Enforcement began today. Doesn't that leave out many would-be teachers from New York or New Jersey then? :-) That would be appropriate... IF it were a problem... we don't see many New Yawker's around here :-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#9
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 25 May 2010 16:42:10 -0500, flipper wrote:
On Tue, 25 May 2010 08:55:33 -0700, Jim Thompson wrote: On Mon, 24 May 2010 21:01:17 -0500, flipper wrote: [snip] One problem I see is the State is not (explicitly anyway) authorized to delegate powers beyond what's stated in SEC. 133. That, btw, is what Arizona is trying to skirt by making it also a 'State crime' but, as I've already mentioned, I have problems with that. [snip] (1) Repeating myself, I don't give a flying fluck that you "have problems with that". I'm just discussing potential legal issues but you're beginning to sound like Obama, who also doesn't give a flying fluck about the Constitution and Law. (2) _Read_ the law, it requires an unlawful act BEFORE interdiction. The nature of the 'interdiction' has nothing to do with whether Arizona can Constitutionally adjudicate immigration status. (3) "Profiling" in traffic is impossible. Try it sometime. 'Profiling', or the lack thereof, has nothing to do with whether Arizona can Constitutionally adjudicate immigration status. (4) Presentation of a valid Driver's license (*) disallows questioning about immigration status. (*) AZ uses hologram technology, and the police carry a tool to verify that it's not forged. The issue isn't 'when' you can 'question'; it's that Arizona has no Constitutional authority to make the determination. (5) If ICE doesn't cooperate, we'll create another law, try 'em, then hand 'em off to Arpaio for a year. They'll not come back. Strange as it may seem, Constitutional protections don't allow you to make just any ole law you happen to feel like but, regardless, you still have no Constitutional authority to adjudicate immigration status. I.E. You can't send them to jail for being 'illegal' because you have no Constitutional authority to adjudicate they're 'illegal'. (6) Illegal population is already down _significantly_ and the law hasn't even gone into effect yet... they're fleeing north to avoid Arizona's law. I personally know people that say their yard workers have fled. (My yard guy is a smart middle-aged white guy with several secretarial service and publication corporations... but likes to work outdoors :-) I doubt the Court will consider "but it's working" a Constitutional argument. (7) Worst comes to worst, we'll bus 'em north. Will you "have problems with that" ?:-) Yes, because you have, again, simply missed the entire point which is that I suspect the Court will rule Arizona has no legitimate means to 'criminalize' something it has no power to adjudicate and since you can't legally determine immigration status, a Federal power, you have nothing to 'convict' them of and, so, no legal grounds to "bus 'em north." Let me make an analogy. You may feel personally qualified to determine the guilt or innocence of bank robbers but you are not granted the power to do so by either the State or Federal Constitutions. And the Court would likely not be impressed that, to skirt the lack of Constitutional authority, you decided to simply write your own 'law', making bank robbing also a 'Jim Thompson crime' (as Arizona did with 'illegal alien' also a 'state crime'), in an attempt to create a Constitutionally nonexistent 'Jim Thompson jurisdiction' so you could send out your own officers to 'question' suspects. And the arguments you were 'good at it', that your questioning procedures were 'just and fair', that your law is 'based on State law', that you're doing 'their job better than they are' and that your law 'is working' would likely not be persuasive either because the fact remains you are not granted that power by either the State or Federal Constitutions. Please try to remember I am not Obama, nor Holder, nor any of the other loony tunes up there so if you want to argue with what I said then argue with what I said and not what they said. The Feds have seized powers which were supposed to be left to the states. If blow-hard Holder and crew try to stop AZ I suspect it'll simply result in a lot of dead Mexicans. And nobody will know nuttin' ;-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#10
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
flipper wrote:
On Mon, 24 May 2010 16:53:27 -0700, Jim Thompson wrote: On Mon, 24 May 2010 18:43:28 -0500, flipper wrote: On Mon, 24 May 2010 09:41:50 -0700, Jim Thompson wrote: On Fri, 07 May 2010 10:11:47 -0700, Jim Thompson wrote: San Fransicko, Californica, pontificates with boycotts, but reality sets in.... http://www.kcbs.com/bayareanews/Sanctuary-City-/6993538 ...Jim Thompson And they're (no surprise) hypocrites.... http://www.americanpatrol.com/REFERE...34b-CA_PC.html ...Jim Thompson I'm not sure that statute, despite being 'still on the books', is operational as it was part of Prop 187, which was ruled unconstitutional by the Federal District Court and placed under 'permanent injunction'. At least that's how some are 'reporting' it. What really happened is the "Illegal Immigration Reform and Immigrant Responsibility Act of 1996" ( IIRIRA) was passed (alleged Supremacy Clause conflict) and the suit was *mediated*, so it's 'possible' that section remained after the 'mediation' but I doubt it. However, in investigating the IIRIRA I've come to the conclusion it's likely (not foregone conclusion) the Court will rule the Arizona statute unconstitutional because the IIRIRA specifically provides for the Fed to enter into 'agreements' with state and local officials for the purpose of enforcing federal immigration law, placing requirements on those officials, and that will, no doubt, invoke another Supremacy Clause argument. In particular: "SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION ENFORCEMENT. ‘‘(g)(1) Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law. ‘‘(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws......." As sympathetic as I am to Arizona's problem I don't see an obvious way around the Supremacy Clause issue, at least not when one considers how the Court traditionally interprets it and the "Naturalization" clause. The problem lies in this Administration and Congress's disregard for their Constitutional duty. For example, rather than indignant pontification Obama could have said he was directing ICE to investigate increasing the number of cooperative agreements, and training, with local authorities: something he could actually do legally, and without 'taking over' half the country, but I suppose that's not nearly so much fun as 'remaking America." We'll just throw 'em in jail :-) You'll throw 'who' in jail for 'what'? If you mean for 'being in the country (State) illegally' the argument would be you have the same problem because the 'untrained and not a party to the immigration enforcement agreement (per SEC. 133)' officials cannot make a 'legal' determination of status so you have no basis upon which to adjudicate a 'crime' has been committed even *if* your making of a Federal violation also a State 'crime' would pass Constitutional muster. I.E. You cannot 'convict' because no State/local official/court is empowered to determine immigration status, without which there is no State 'crime' either, and without a conviction you cannot incarcerate. In jail for what? Being here 'illegally'. Says who? The State Court. Sorry, only the Federal government can adjudicate immigration status. As for the State 'crime' I would argue, were I a Federal Attorney on the case, it is nonsensical to 'criminalize' something you have no power to adjudicate. The argument would further stipulate that your only legal basis for holding them at all is as a duly authorized, per SEC. 133, 'agent' of the Federal government pursuant to presentation to ICE. Ok, let's flip this to the other side now. Arizona *does* have SEC. 133 'agreements' with the Fed, meaning they must have some number of 'trained agents'. We could, theoretically at least, require that any 'immigration suspect' be processed by one and then transferred to ICE, or released as appropriate. The question would then be if a 'non trained officer' can legally make a 'reasonable suspicion' detention (which would already be in effect if we limited the case to already detained for a 'normal crime or cause') prior to being processed by the 'official agent' and I'm not sure that's terribly different than any other 'crime' in which an officer may detain but the D.A. or a Grand Jury decides whether to indict and prosecute, or not. And an officer is certainly not 'trained' in every nuance of criminal law. He makes a 'reasonable' determination but not a 'final adjudication' or else there'd be no need for courts. One problem I see is the State is not (explicitly anyway) authorized to delegate powers beyond what's stated in SEC. 133. That, btw, is what Arizona is trying to skirt by making it also a 'State crime' but, as I've already mentioned, I have problems with that. ...Jim Thompson I think you have problems with the whole concept.. You are taking this too personal. Any specific reason you would like to share with us? |
#11
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 18:43:28 -0500, flipper wrote:
for the purpose of enforcing federal immigration law, Does not apply, because that is not what AZ folks are doing. In fact, AZ's detainees get turned over to them, so it is now, and always has been the fed boys that perform the actual deportation segment of "enforcement". Nothing has changed. |
#12
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 21:01:17 -0500, flipper wrote:
In jail for what? Being here 'illegally'. Says who? The State Court. Sorry, only the Federal government can adjudicate immigration status. Lack of citizenship registration means that no adjudication is required. Got no papers, get no hearing... period. The case is closed before it even gets opened. |
#13
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 25 May 2010 20:00:15 -0500, flipper wrote:
On Tue, 25 May 2010 15:02:42 -0700, Jim Thompson wrote: [snip] If blow-hard Holder and crew try to stop AZ I suspect it'll simply result in a lot of dead Mexicans. And nobody will know nuttin' ;-) That's not funny. It might be one way of getting Federal troops down there but they'd be coming after you and not the alleged 'illegals'. Do you think ranchers in southern Arizona are going to stand by, defenseless, because our nebbish President will do nothing? We're already down one rancher killed this Spring. In the wild west (and it still is, you have no clue as to how low populated the southern Arizona region is), things have a way of happening sans witnesses. I vote for catapulting the bodies back over the border ;-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#14
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 00:55:52 -0500, flipper wrote:
[snip] I suppose you can stuff the babies in a backpack so they land near the mother. Mothers and, for that matter, workers in general, _aren't_ the problem. If the US government didn't have its head up its own ass, it'd allow migrant workers to easily get a "green card" at regular border crossings. Then machine-gun "mules" crossing anywhere else on the border. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#15
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 00:44:44 -0500, flipper wrote:
On Tue, 25 May 2010 17:47:54 -0700, UltimatePatriot wrote: On Mon, 24 May 2010 21:01:17 -0500, flipper wrote: In jail for what? Being here 'illegally'. Says who? The State Court. Sorry, only the Federal government can adjudicate immigration status. Lack of citizenship registration means that no adjudication is required. Got no papers, get no hearing... period. The case is closed before it even gets opened. Not true. Federal law requires a hearing before an immigration judge, except for some who have committed "aggravated felonies:" in which case deportation may be an 'expedited' administrative determination by the designated authority. We have that pesky "due process" clause in the 14'th amendment, you know, and nothing is 'automatic'. The government must give proper notice, allow sufficient time for the person to respond, 'prove its case', and all can be appealed (but with severe time limits on "aggravated felonies" cases). Just being here 'illegally' doesn't necessarily mean you can be deported either because, for one, you might be able to apply for a change of status (poof, no longer 'illegal') and there are attorneys who make their entire living on just the anything but trivial body of immigration law. You really thought it was so simple as "no papers: goodbye" did ya? It is, _if_ you catch them crossing. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#16
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San Fransicko, Californica, pontificates with boycotts
On Mon, 24 May 2010 21:01:17 -0500, flipper wrote:
On Mon, 24 May 2010 16:53:27 -0700, Jim Thompson wrote: [snip] We'll just throw 'em in jail :-) You'll throw 'who' in jail for 'what'? [snip] Arpaio is just now saying on AM radio (KFYI... available via the web), "If ICE won't take them , we'll jail them". It's going to be fun to watch, The Nebbish versus a guy who once ran DEA :-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#17
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
"Jim Thompson" wrote in
message ... Arpaio is just now saying on AM radio (KFYI... available via the web), "If ICE won't take them , we'll jail them". It's going to be fun to watch, The Nebbish versus a guy who once ran DEA :-) He might just wait for the Arizona taxpayers to get annoyed at paying ~$50k/year to keep each one locked up? :-( |
#18
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 09:37:36 -0700, "Joel Koltner"
wrote: "Jim Thompson" wrote in message ... Arpaio is just now saying on AM radio (KFYI... available via the web), "If ICE won't take them , we'll jail them". It's going to be fun to watch, The Nebbish versus a guy who once ran DEA :-) He might just wait for the Arizona taxpayers to get annoyed at paying ~$50k/year to keep each one locked up? :-( In "Tent City" ?:-) With pink underwear and yellow bologna. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#19
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San Fransicko, Californica, pontificates with boycotts
Jim Thompson wrote: On Wed, 26 May 2010 09:37:36 -0700, "Joel Koltner" wrote: "Jim Thompson" wrote in message ... Arpaio is just now saying on AM radio (KFYI... available via the web), "If ICE won't take them , we'll jail them". It's going to be fun to watch, The Nebbish versus a guy who once ran DEA :-) He might just wait for the Arizona taxpayers to get annoyed at paying ~$50k/year to keep each one locked up? :-( In "Tent City" ?:-) With pink underwear and yellow bologna. What about the chain gangs? I'm sure there are plenty of roads and public spaces in Arizona that need 'Manuel labor'. -- Anyone wanting to run for any political office in the US should have to have a DD214, and a honorable discharge. |
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San Fransicko, Californica, pontificates with boycotts
"Jim Thompson" wrote in
message ... In "Tent City" ?:-) Yep! With pink underwear and yellow bologna. You've got to wonder what kind of guy seems to be more upset that they have to wear pink underwear and eat colored bologna than they are at having their freedom taken away in the first place. Perhaps being non-Arpaio jails are no longer much of a detterent! I've read a few news stories that Maricopa county does seem to have become markedly less criminal under Joe's supervision; kudos to him. ---Joel |
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San Fransicko, Californica, pontificates with boycotts
Joel Koltner wrote: "Jim Thompson" wrote in message ... In "Tent City" ?:-) Yep! With pink underwear and yellow bologna. You've got to wonder what kind of guy seems to be more upset that they have to wear pink underwear and eat colored bologna than they are at having their freedom taken away in the first place. Perhaps being non-Arpaio jails are no longer much of a detterent! I've read a few news stories that Maricopa county does seem to have become markedly less criminal under Joe's supervision; kudos to him. ---Joel Now that he's got Maricopa county under control, maybe he should take on Washington DC? -- Anyone wanting to run for any political office in the US should have to have a DD214, and a honorable discharge. |
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 12:35:20 -0700, "Joel Koltner"
wrote: "Jim Thompson" wrote in message ... In "Tent City" ?:-) Yep! With pink underwear and yellow bologna. You've got to wonder what kind of guy seems to be more upset that they have to wear pink underwear and eat colored bologna than they are at having their freedom taken away in the first place. Perhaps being non-Arpaio jails are no longer much of a detterent! I've read a few news stories that Maricopa county does seem to have become markedly less criminal under Joe's supervision; kudos to him. ---Joel Yep. I know for a fact that undocumented Democrats are fleeing Arizona :-) ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#23
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San Fransicko, Californica, pontificates with boycotts
Jim Thompson wrote: On Wed, 26 May 2010 12:35:20 -0700, "Joel Koltner" wrote: "Jim Thompson" wrote in message ... In "Tent City" ?:-) Yep! With pink underwear and yellow bologna. You've got to wonder what kind of guy seems to be more upset that they have to wear pink underwear and eat colored bologna than they are at having their freedom taken away in the first place. Perhaps being non-Arpaio jails are no longer much of a detterent! I've read a few news stories that Maricopa county does seem to have become markedly less criminal under Joe's supervision; kudos to him. ---Joel Yep. I know for a fact that undocumented Democrats are fleeing Arizona :-) Won't Joe arrest their owners for not keeping them on a leash? -- Anyone wanting to run for any political office in the US should have to have a DD214, and a honorable discharge. |
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 19:58:43 -0500, flipper wrote:
On Wed, 26 May 2010 07:47:43 -0700, Jim Thompson wrote: On Wed, 26 May 2010 00:55:52 -0500, flipper wrote: [snip] I suppose you can stuff the babies in a backpack so they land near the mother. Mothers and, for that matter, workers in general, _aren't_ the problem. I didn't say they were. It's you who spoke blindly about catapulting bodies back across the border. If the US government didn't have its head up its own ass, it'd allow migrant workers to easily get a "green card" at regular border crossings. Why bother if all they have to do is claim they're a 'migrant worker'? Then machine-gun "mules" crossing anywhere else on the border. There wouldn't be any since the "mules" could pick up a "green card" at any regular border crossing. Flipper, Are you being purposefully dense? "Mules" have big-ass back packs full, typically, of marijuana. Migrant farm workers don't. "Mules" don't cross at regulation crossings. I'd guess you to be some easterner who has no clue of the scale of things here. 150 Miles straight south of my location is Mexico. In between is pretty much nothing but open desert. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 20:05:48 -0500, flipper wrote:
On Wed, 26 May 2010 08:56:54 -0700, Jim Thompson wrote: On Mon, 24 May 2010 21:01:17 -0500, flipper wrote: On Mon, 24 May 2010 16:53:27 -0700, Jim Thompson wrote: [snip] We'll just throw 'em in jail :-) You'll throw 'who' in jail for 'what'? [snip] Arpaio is just now saying on AM radio (KFYI... available via the web), "If ICE won't take them , we'll jail them". It's going to be fun to watch, The Nebbish versus a guy who once ran DEA :-) ...Jim Thompson Much as I admire the guy, last I heard there was not yet an Amendment making him a superceding replacement to the Supreme Court. And since only the Fed can adjudicate immigration law I ask again "in jail for 'what'?" You're dense as a stump. Have you actually read SB1070, as amended, or are you just pontificating, or performing "practiced ignorance"? ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#26
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San Fransicko, Californica, pontificates with boycotts
On Wed, 26 May 2010 14:33:57 -0400, "Michael A. Terrell"
wrote: What about the chain gangs? I'm sure there are plenty of roads and public spaces in Arizona that need 'Manuel labor'. Did you spell that wrong on purpose? :-) |
#27
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San Fransicko, Californica, pontificates with boycotts
flipper wrote: On 26 May 2010 12:02:58 GMT, John Doe wrote: flipper flipper fish.net wrote: On Tue, 25 May 2010 18:19:47 -0700, Jim Thompson To-Email-Use-The-Envelope-Icon On-My-Web-Site.com wrote: On Tue, 25 May 2010 20:00:15 -0500, flipper flipper fish.net wrote: On Tue, 25 May 2010 15:02:42 -0700, Jim Thompson To-Email-Use-The-Envelope-Icon On-My-Web-Site.com wrote: [snip] If blow-hard Holder and crew try to stop AZ I suspect it'll simply result in a lot of dead Mexicans. And nobody will know nuttin' ;-) That's not funny. It might be one way of getting Federal troops down there but they'd be coming after you and not the alleged 'illegals'. Do you think ranchers in southern Arizona are going to stand by, defenseless, because our nebbish President will do nothing? I didn't suggest anyone "stand by, defenseless'; nor ask for papers and let the SOB kill your ass if he's a citizen either. We're already down one rancher killed this Spring. In the wild west (and it still is, you have no clue as to how low populated the southern Arizona region is), things have a way of happening sans witnesses. I vote for catapulting the bodies back over the border ;-) I suppose you can stuff the babies in a backpack so they land near the mother. Classic bleeding heart liberal. Classic idiot. He's a well known troll. -- Anyone wanting to run for any political office in the US should have to have a DD214, and a honorable discharge. |
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San Fransicko, Californica, pontificates with boycotts
On Fri, 28 May 2010 17:16:10 -0500, flipper wrote:
There's nothing for your "law enforcement [to] prosecute" if you can't adjudicate. Deportation does not require a prosecution. |
#29
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San Fransicko, Californica, pontificates with boycotts
A copy of an E-mail, giving a legal opinion about Arizona's
possibly-to-be law, SB1070, as amended... "Hey [Addressee]. The easiest way to understand a statute is to divorce yourself from personal political convictions and just go through the statute line by line. Subsection A of the proposed law prohibits political subdivisions of the state from adopting policy contrary to the State's policy of both enforcing federal immigration law and its own criminal law. Reasonable people can disagree on what the State's policy should be but that is why we have elections. It is undisputed that inferior political subdivisions of the state must abide by decisions of the superior legislative bodies. It is hard to argue cogently that the state legislature can not propose legislation and if passed require that it actually be enforced. Subsection B of the proposed law creates two threshold requirements before an immigration inquiry can be conducted by law enforcement. First the initial contact between law enforcement and the individual must be lawful. This does away with concerns of random roadblocks or traffic stops. Such stops are illegal. This law has not created any new rights in law enforcement to initiate contact with individuals. Secondly before any inquiry is made as to an individual's immigration status law enforcement needs reasonable suspicion to believe the person is illegally in the United States. How can requiring law enforcement to investigate criminality when they have a reasonable basis to believe criminality is afoot be considered draconian or somehow unfair. That is actually a higher standard than they have in initiating other criminal investigations. For instance law enforcement officers while in legal contact with an individual can ask questions regarding drug or alcohol use on nothing better than a desire to question an individual. Enforcing the law is what they are paid to do. The rule of law is not enhanced when law enforcement is given discretion to ignore the law based solely on political considerations. Law enforcement officers are executive branch government officials. It's a pretty scary thing in a free society when college students are arguing that the branch of government that enforces the laws should also be free to make them up to suit their own political tastes. Subsection E allows arrest of an individual when probable cause exists to believe he has violated an immigration law. This is no different than any other crime. Why should it be? Probable cause is defined as a reasonable belief that a specific crime has been committed by a specific individual. Furthermore the bill does not require arrest. It allows it. In a statute the words "may or "shall" are very important. The word "may" is used here. This law clearly allows officers to choose to summons an individual to court rather than take him/her into custody. Being Hispanic is not probable cause to believe someone has committed an immigration offense. Nor does the law require an individual to prove his/her citizenship. The burden of proof is always on the state. Any requirement to carry identification documents come from the feds. There is absolutely nothing in this proposed law requiring anyone to carry documentation with them. That is just silly posturing by someone who apparently doesn't trust his rational argument to persuade and has to rely on emotional appeals and rhetoric. The last thing this bill does is to create some penalties under Arizona criminal law. Have we strayed so far from federalism that we no longer believe individual states have the right to establish their own criminal code? By the way this was rather clever of the Arizona lawmakers as it removes the, weak but possible, federal supremacy challenge. I find it odd that your friend had a copy of the bill but apparently chose to rely on, of all things, a USA Today article for analysis of the bill. Is that the state of a college education these days? [Addressee] as you go through life I urge you not to use pie chart rags as your go-to source for reliable information. Love Dad" =============== Of course, "Addressee" is our oldest granddaughter, graduating a semester early, with honors, from U of A. And "Dad" is our son-in-law, Chief Prosecuting Attorney for Yuma County, Arizona. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#30
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San Fransicko, Californica, pontificates with boycotts
flipper wrote:
On 29 May 2010 15:40:15 GMT, John Doe wrote: flipper flipper fish.net wrote: John Doe jdoe usenetlove.invalid wrote: flipper flipper fish.net wrote: Jim Thompson To-Email-Use-The-Envelope-Icon ... Waiting for Flippant to provide a link to the same argument somewhere else in the world. Or maybe he thinks that he has a unique argument that is somehow valid. Already did, since you're google incompetent. Besides, law enforcement prosecutes, it does not adjudicate. There's nothing for your "law enforcement [to] prosecute" if you can't adjudicate. You have semantical problems, Flippant. It only seems that way to the mentally incompetent. Law enforcement prosecutes all day long without adjudicating anything. That is why they are known as the "prosecution". The judicial branch adjudicates, Flippant, that is why it has judges. The police 'prosecute' that which they have reasonable cause to believe has a chance of being favorably adjudicated. They do not 'prosecute' simply for the thrill of it or, if they do, they find themselves the subject of disciplinary review. And one rather serious criteria for a reasonable expectation of favorable adjudication is the State having power to adjudicate in the first place, which the State does not have in the case of immigration law. The police do not, for example and fortunately for you, 'prosecute' for "being an Internet jackass" because the State has no power to adjudicate such an alleged 'crime' and 'prosecuting' unconstitutional statutes is a good way to get Federal troops visiting your locality. Think you can now figure out the mysterious "semantical problems" of "there's nothing for your "law enforcement [to] prosecute" if you can't adjudicate"? The State has no power to adjudicate immigration law so the police have nothing to 'prosecute'. Have you actually read SB1070, as amended, Go back and look at what happened to Prop 187. Prop 187 attempted to bar State services to 'illegals' but the court ruled it unconstitutional and one reason is because the State has no power to decide who's 'illegal' as that's a Federal Power. I.E. The State has no legal basis upon which to deny services because it has no power to 'determine immigration status' Which court ruled it unconstitutional? Provide a citation. http://www.cnn.com/ALLPOLITICS/1998/03/19/prop.187/ "LOS ANGELES (AllPolitics, March 19) -- A U.S. District Court judge has declared most of California's Proposition 187 unconstitutional. In her final ruling, Pfaelzer rejected California's attempt to regulate immigration, which she said is the federal government's responsibility. The American Civil Liberties Union's Southern California chapter was one of the five groups which sued to stop Proposition 187. In a statement, ACLU spokesman Mark Rosenbaum said Pfaelzer correctly denied California's attempt to regulate immigration. So, on Flippant's side It's not 'my side'. I explicitly said I had come to the conclusion "THE COURT" would likely 'rule' that way because I had investigated the past rulings of the Court. is one liberal federal judge and the American Civil Liberties Union. It's a hell of a lot more than your jackass fabrications. Governor Pete Wilson was probably removed from office before a chance to appeal. Wrong. The case was, by agreement, mediated. But then, your google ineptitude limits you to fabrications. And of course an open border advocate California governor would not push to appeal the liberal District Court Judge opinion. Determining the immigration status of a person and enforcing immigration law The State has no power to do so. is not "regulating immigration". The act of regulating occurs at the border, regulating immigration is allowing or stopping immigrants at the border. Take it up with Webster and the judge. You'd lose but it would be fun listening to the judge call you a jackass. or are you just pontificating, or performing "practiced ignorance"? You can try 'shooting the messenger' all you like but it won't change the Court and all I did was tell you why I had come to the conclusion it, at the District level at least, would likely strike down the Arizona statute: mainly because I investigated the IIRIRA and what happened to Prop 187. Your idea that illegal immigrant status cannot be determined by law enforcement is just silly, Flippant, I didn't say "law enforcement." I said State and local police State and local police is "law enforcement", Flippant. The FBI will be interested to hear they are not law enforcement, not to mention customs, the IRS, TIGTA and, our current favorite, the INS. not a party to the IIRIRA cooperative agreement, as required by Federal law. Apparently Flippant is confused about an individual officer making the determination. Not I, the Federal government as specifically spelled out in Federal law: the IIRIRA. But in fact, the Arizona law and other states laws being proposed say "The person's immigration status shall be verified with the federal government". That is, if the individual officer is not empowered to make that determination by himself. Unless a party to an IIRIRA cooperative agreement the individual officer is not empowered to do anything regarding immigration status, and that includes 'asking'. How about we send a few of those illegals to set up camp on your door step, take your job away, steal your personal items, take your car out for a drug ride and return it back to your home so you can take the rap for it? Oh, did I forget something, feed them while they are there and make sure you pay all if not more, your taxes, so these people can sit back and laugh at you and others like you as they take your rights, jobs and belongings away from you. You may not agree with Arizona because of special interest on your part or maybe you're being a classical idiot.. I hope one day you suffer the same fate as others have dealing with this problem.. Obviously you are green and appear to be a snot nose bigot.. Its a serious problem and people like yourself are the major reason why we have this issue in the states.. If I didn't know any better, It seems like you are trying to protect them ? It wouldn't surprise me at all if you were some how involve with these illegals more so than you are telling us. Personally i'm getting tired and I am sure others are of you spitting legal documents over this system in the fashion you are. It only shows your bottom feeding attempt to reach out in hopes that others will see it your way, on grounds that I can only imagine.. You are a disgrace as an American. That is, if you really are one? People like you are one of the major reasons why these illegals have some much grazing space. (moron).. You are not doing to well in the popularity race. |
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San Fransicko, Californica, pontificates with boycotts
Jamie t wrote:
flipper wrote: .... If I didn't know any better, It seems like you are trying to protect them ? It wouldn't surprise me at all if you were some how involve with these illegals more so than you are telling us. Personally i'm getting tired and I am sure others are of you spitting legal documents over this system I am looking for one more... A quotation that supports Flippant's argument that (during a lawful encounter) a local police officer cannot suspect that someone is here in the United States illegally and then consult with the Immigration and Naturalization Service (INS) about the subject. Even a reference to someone else arguing the same point would be useful. You are a disgrace as an American. That is, if you really are one? Maybe not. In my opinion, Flippant's partisanship will be proved if he cannot produce the quotation asked for above, or if he does not relent if unable to do so. He will probably just increase the name-calling People like you are one of the major reasons Not likely a major reason for anything, really. Apparently Flippant is just a nym-shifting troll who uses the no- archive switch to help hide the fact. |
#32
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San Fransicko, Californica, pontificates with boycotts
On Sun, 30 May 2010 02:37:48 -0500, flipper wrote:
On Sat, 29 May 2010 16:37:50 -0700, Jim Thompson wrote: I agree. Interesting to note that's how I came up with an opinion about the likelihood of the Court ruling contrary to what I had thought before investigating it. It isn't that I 'like it' or 'happy' with illegal immigration and the Federal government's failure to properly fulfill it's Constitutional duties. I agree, for both State and Federal elections. No argument as long as we also recognize that legislation must be both State and Federally Constitutional in order to be 'law'. No argument (and I never once argued any 'discrimination' case) as long as the 'law' is Constitutional and, as I've explained before, the Court's ruling on prop 187 suggests to me they will not consider it so because immigration law is a Federal, not State, power. One could argue that is precisely what Arizona is attempting to do in writing 'law' that 'ignores' (or contravenes) Federal Law because they are fed up, pardon the pun, with the dysfunctional politics of Washington. The same 'scariness' applies to 'free to make up' Constitutional law. Of course, there are people who argue the SCOTUS has been doing that for years. The IIRIRA specifically states 'who' is authorized to investigate immigration status (and the 'rules') and I believe the Court will see the Arizona statute as a conscious and deliberate attempt to contravene those requirements which, I believe, raises a Supremacy Clause issue. States have never been able to write law in contradiction to Constitutionally granted Federal powers. That is the Supremacy Clause. As I explained before, another potential 'problem' I see with writing a State law 'criminalizing' immigration status is that the State has no power to determine immigration status, nor to 'interpret' Federal Law, so even if you have reasonable cause to 'suspect' you cannot 'convict' in State court. At the very least not without the 'cooperation' of ICE (such as to 'testify' they have made a determination) but, as a practical matter, if ICE determines they're in the country illegally the offender will be, in theory, deported and unable to appear for the State 'trial'. But if ICE determines they may stay, for whatever reason, then, by golly, they're here 'legally' regardless of State Law. ICE is 'the controlling authority'. On the other hand, if ICE simply refuses to 'cooperate', and the State has no power to compel, the State is stuck with either letting them go or permanent detention of, or some other draconian act against, 'suspects' never proved 'guilty', nor 'triable', until if and when 'ICE comes to their senses'. None of those are tenable and I suspect the (Federal) Court will frown on 'law' that cannot be adjudicated by any agency of the government that wrote it. Of course, Arizona has no intent to State prosecute. That's a manufactured 'legalism' designed to expand the officers 'authorized' to investigate and detain for ICE, except IIRIRA Federal law does not allow it. I suspect the Court will also notice the 'cleverness' but it usually frowns on clever "schemes" (as the judge called prop 187) intended to circumvent the Constitution and Federal law, as it seems that one is expressly designed to do. Frankly, I'm sympathetic to, on the surface at least, the seeming populist practicality of "if you won't do it then we will" but I don't see any such exception mentioned in the Supremacy Clause. Which is not to say the SCOTUS might not just 'invent' it but divesting Federal powers has not been the general direction for well over 100 years. Glad to see you're such a legal exspurt ;-) The 9th Circuit Court of Fairies will, of course, rule against Arizona. That's a good thing... we can go straight to SCOTUS. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#33
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San Fransicko, Californica, pontificates with boycotts
On Sun, 30 May 2010 19:11:18 -0500, flipper wrote:
On Sun, 30 May 2010 09:03:32 -0700, Jim Thompson wrote: On Sun, 30 May 2010 02:37:48 -0500, flipper wrote: On Sat, 29 May 2010 16:37:50 -0700, Jim Thompson wrote: I agree. Interesting to note that's how I came up with an opinion about the likelihood of the Court ruling contrary to what I had thought before investigating it. It isn't that I 'like it' or 'happy' with illegal immigration and the Federal government's failure to properly fulfill it's Constitutional duties. I agree, for both State and Federal elections. No argument as long as we also recognize that legislation must be both State and Federally Constitutional in order to be 'law'. No argument (and I never once argued any 'discrimination' case) as long as the 'law' is Constitutional and, as I've explained before, the Court's ruling on prop 187 suggests to me they will not consider it so because immigration law is a Federal, not State, power. One could argue that is precisely what Arizona is attempting to do in writing 'law' that 'ignores' (or contravenes) Federal Law because they are fed up, pardon the pun, with the dysfunctional politics of Washington. The same 'scariness' applies to 'free to make up' Constitutional law. Of course, there are people who argue the SCOTUS has been doing that for years. The IIRIRA specifically states 'who' is authorized to investigate immigration status (and the 'rules') and I believe the Court will see the Arizona statute as a conscious and deliberate attempt to contravene those requirements which, I believe, raises a Supremacy Clause issue. States have never been able to write law in contradiction to Constitutionally granted Federal powers. That is the Supremacy Clause. As I explained before, another potential 'problem' I see with writing a State law 'criminalizing' immigration status is that the State has no power to determine immigration status, nor to 'interpret' Federal Law, so even if you have reasonable cause to 'suspect' you cannot 'convict' in State court. At the very least not without the 'cooperation' of ICE (such as to 'testify' they have made a determination) but, as a practical matter, if ICE determines they're in the country illegally the offender will be, in theory, deported and unable to appear for the State 'trial'. But if ICE determines they may stay, for whatever reason, then, by golly, they're here 'legally' regardless of State Law. ICE is 'the controlling authority'. On the other hand, if ICE simply refuses to 'cooperate', and the State has no power to compel, the State is stuck with either letting them go or permanent detention of, or some other draconian act against, 'suspects' never proved 'guilty', nor 'triable', until if and when 'ICE comes to their senses'. None of those are tenable and I suspect the (Federal) Court will frown on 'law' that cannot be adjudicated by any agency of the government that wrote it. Of course, Arizona has no intent to State prosecute. That's a manufactured 'legalism' designed to expand the officers 'authorized' to investigate and detain for ICE, except IIRIRA Federal law does not allow it. I suspect the Court will also notice the 'cleverness' but it usually frowns on clever "schemes" (as the judge called prop 187) intended to circumvent the Constitution and Federal law, as it seems that one is expressly designed to do. Frankly, I'm sympathetic to, on the surface at least, the seeming populist practicality of "if you won't do it then we will" but I don't see any such exception mentioned in the Supremacy Clause. Which is not to say the SCOTUS might not just 'invent' it but divesting Federal powers has not been the general direction for well over 100 years. Glad to see you're such a legal exspurt ;-) Well, that's the great thing about the rules of rational discourse, an argument stands or falls on it's own merits and not the alleged credentials of the author, and, being a Texan, I'm arrogant enough to respectfully argue with a Supreme Court Justice if I disagree. The 9th Circuit Court of Fairies will, of course, rule against Arizona. Except for including my take on what their reasoning would be, that's all I've been saying. That's a good thing... we can go straight to SCOTUS. A good 'glass half full' view of it. Of course, if they ruled for you then you wouldn't need someone else to rule for you because you would have had a ruling for you. Btw, I wouldn't mind if you asked your son-in-law his opinion of the argument and would be interested to hear his take on it. I suspect he won't agree but that's the point of a discussion: to hear differing opinions. ...Jim Thompson I could never be the go-between. He's brilliant, fast and hard even to take notes from. Maybe, one of these days, all will be well at the same time , and I can put together the SED bash, with my family and neighbors as well. The Republican Party has already indicated that, if he'd drop his Libertarian label, he'd be assured of a judge-ship. But he won't do it. ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#34
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San Fransicko, Californica, pontificates with boycotts
flipper wrote:
Jim Thompson wrote: Glad to see you're such a legal exspurt ;-) Well, that's the great thing about the rules of rational discourse, an argument stands or falls on it's own merits and not the alleged credentials of the author You have made several unsupported claims in this thread, that you are sympathetic, unbiased, and that you know about the law. Nym-shifting and hiding your prior posts with the no-archive switch suggests otherwise. |
#35
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San Fransicko, Californica, pontificates with boycotts
On Sun, 30 May 2010 02:49:29 -0500, flipper wrote:
On 30 May 2010 03:57:10 GMT, John Doe wrote: terminated The pussy always runs once it is proven that he is a wuss. Grow the **** up, fliptard. |
#36
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 08 Jun 2010 11:57:19 -0500, flipper wrote:
On Sun, 30 May 2010 17:20:58 -0700, Jim Thompson wrote: On Sun, 30 May 2010 19:11:18 -0500, flipper wrote: [snip] Btw, I wouldn't mind if you asked your son-in-law his opinion of the argument and would be interested to hear his take on it. I suspect he won't agree but that's the point of a discussion: to hear differing opinions. ...Jim Thompson I could never be the go-between. He's brilliant, fast and hard even to take notes from. Maybe, one of these days, all will be well at the same time , and I can put together the SED bash, with my family and neighbors as well. No problem. I didn't mean a 'debate' though. I just wondered what he thought of the argument. [snip] I guess we're going to find out. Obama's urchins are avoiding SB1070. Instead they're going after the Arizona law that sanction employers for hiring illegals. More and more we can clearly see Obama's "leanings"... wonder when he'll declare that the People's Republic of the United States is an Islamic Nation? ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#37
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 08 Jun 2010 12:49:33 -0500, flipper wrote:
They're likely to argue that such a law has the 'effect' of making employers 'immigration officers', which would be unconstitutional, but that's not the case as there is no 'arrest' or other 'enforcement' by the business against the alleged 'illegal alien' necessarily involved. ALL US employers are REQUIRED to obtain social security information from the perspective employee BEFORE hiring him or her for a full time position. Even part time, and cash pay-out labor pools have regulations they have to follow. Whether they do or not... well... therein lies the problem. Not far from oil rig inspectors that take gifts to look the other way or go have a breakfast in place of a live inspection session. All of it erodes at America. There are thousands of legit immigrants to this nation. ALL of those emigrated legitimately. We are merely not happy with the ILLEGAL EMIGRANTS. It is VERY SIMPLE. They are NOT IMMIGRANTS unless and until they have been ACCEPTED LEGALLY by CIVIL SOCIETY. Until then, they are EMIGRATING into our nation, and if they are doing it ILLEGALLY, then they ARE subject to ANY intrusion and EJECTION we wish to impose on them. If you happen to be a hispanic ancestry citizen, (OR ANY 'FORIEGN' appearing person), and you get too ****ing drunk, and get arrested, you have no ****ing right to be upset because the cops want you to prove who the **** you are. Live with it. Prove your worth and move on. Do not sit there ****ing and moaning because you think the cop invaded your privacy while you were out puking on the city streets one night. They are not going to do a walk up shake down on folks, so if you are not committing a crime, you do not need to worry. Of course, the higher per capital stat on the fact that there are more of you 'folks' committing crimes means that the likelihood that there will be an active manhunt taking place for someone that looks like you or that you look like will be high. Too ****ing bad. Suck it up. If you are truly Amercan, then clean up your own back yard, and YOU hispanic ****s EJECT the illegals, and stop crying when we do it. Otherwise, it WILL continue to be the rest of US that ejects you. You macho ****s need to grow the **** up, and face the FACT that you are not fooling anyone with this crybaby "Oh look what they are doing to our people..." horse****. If we turn all the races into vertical columns, and put the rich and 'upper class' folks at the top, and scientists under them, then us regular folk under that and the criminals and gangs under that at the bottom. Look carefully, and one can blame the folks at the top of any given race for the problems those at the bottom of their column cause for society and the harm they do against the eradication of racism altogether. If we force those at the tops of those columns to clean up their own houses, then one day, we might actually be able to return to moving toward a civil, free society. Currently, 'tain't so. Sadly, that window of opportunity for repair is closing fast, if it has not already closed. The cops already act like Nazis on the streets. Folks just do not look closely enough. Sociocentrism will be the death of intelligent, civil, free societies of man. Dark ages are upon us. What are your kids going to do out of school? Where are all those jobs? The Wall St woes that we thought were over will not be a mere "double dip"... The **** is going to start hitting the fan again. Nixon's gold standard devaluation is going to cycle us through one of its lull undulations. It will continue to do this for decades to come, if not centuries. |
#38
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 08 Jun 2010 12:49:33 -0500, flipper wrote:
On Tue, 08 Jun 2010 10:04:26 -0700, Jim Thompson wrote: On Tue, 08 Jun 2010 11:57:19 -0500, flipper wrote: On Sun, 30 May 2010 17:20:58 -0700, Jim Thompson wrote: On Sun, 30 May 2010 19:11:18 -0500, flipper wrote: [snip] Btw, I wouldn't mind if you asked your son-in-law his opinion of the argument and would be interested to hear his take on it. I suspect he won't agree but that's the point of a discussion: to hear differing opinions. ...Jim Thompson I could never be the go-between. He's brilliant, fast and hard even to take notes from. Maybe, one of these days, all will be well at the same time , and I can put together the SED bash, with my family and neighbors as well. No problem. I didn't mean a 'debate' though. I just wondered what he thought of the argument. [snip] I guess we're going to find out. Not by what you say below, we're not. Obama's urchins are avoiding SB1070. Instead they're going after the Arizona law that sanction employers for hiring illegals. Positively mind boggling. Even the liberal land 9'th Circuit upheld that one. Sanctioning business is an entirely different matter because businesses are State licensed entities (clear State authority) and I would argue that even if Federal law attempted to prohibit such sanctions it (depending on how written) should not stand because that power is NOT granted to the Fed. But that matter doesn't even come up because the 1986 Federal statute makes an explicit exclusion for State licensing (and similar) laws. Sanctioning business for hiring 'illegal aliens' does not necessarily require the State to 'pre-empt' Federal determination of immigrant status. They could sanction after ICE, or authorized agents thereof, 'do their job'. They're likely to argue that such a law has the 'effect' of making employers 'immigration officers', which would be unconstitutional, but that's not the case as there is no 'arrest' or other 'enforcement' by the business against the alleged 'illegal alien' necessarily involved. More and more we can clearly see Obama's "leanings"... wonder when he'll declare that the People's Republic of the United States is an Islamic Nation? I don't see the connection. ...Jim Thompson I was just pointing out what the Obama thugs are doing... for really... look it up :-( ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
#39
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 08 Jun 2010 14:48:51 -0500, flipper wrote:
if that babble Your mother was a babbler. The word for today is Emigrant. |
#40
Posted to sci.electronics.design,alt.binaries.schematics.electronic,sci.electronics.cad
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San Fransicko, Californica, pontificates with boycotts
On Tue, 08 Jun 2010 17:29:44 -0500, flipper wrote:
On Tue, 08 Jun 2010 13:49:11 -0700, Jim Thompson wrote: [snip] I was just pointing out what the Obama thugs are doing... for really... look it up :-( Look up what? [snip] They have filed a SCOTUS action challenging Arizona's law sanctioning those who employ illegals. I guess they figured SB1070 had been thoroughly cleansed and unchallengeable. Turds! ...Jim Thompson -- | James E.Thompson, CTO | mens | | Analog Innovations, Inc. | et | | Analog/Mixed-Signal ASIC's and Discrete Systems | manus | | Phoenix, Arizona 85048 Skype: Contacts Only | | | Voice480)460-2350 Fax: Available upon request | Brass Rat | | E-mail Icon at http://www.analog-innovations.com | 1962 | The only thing bipartisan in this country is hypocrisy |
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