Tuesday, March 7, 2017

The United States Constitution And Illegal State Interaction With Illegal Immigrants

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Written By James Allan | 3-7-2017

I'm writing this article because I started to ponder illegal aliens getting drivers licenses from the states and if this action from the states is constitutional or not. I looked over the original text of the constitution concerning immigration and the later 14th amendment. I myself have come to the conclusion that the states cannot issue drivers licenses to illegal aliens because the states are not allowed even by the states own emission that the federal government is the only entity defined to deal with immigration and foreigners here legal and illegal unless a crime has been committed.

The question is, "Do Individual States Have A Right To Extend U.S. Citizen Privilege To Immigrants?". Is working in the U.S. a "Right" or "Privilege" of the U.S. Citizen? Either way illegal immigrants do not have a right or privilege to work in the U.S. unless granted permission by the federal government. The Supreme Court states illegal immigrants have a right to look for work in the U.S. as a liberty of being in the U.S.. Liberty is not a privilege or right.

Nothing said about labor in the U.S. Constitution or its amendments. All federal and state laws concerning unions and union houses are laws passed in 1935 by congress under the 1st amendments "Right To Assemble" passage. The only constitutional text are on trade and products crossing state and U.S. borders.

Businesses are not people but they are a possession of people. Are businesses the "Property" of people? A building and merchandise inside the building is "Property" but the transaction in trade or cash isn't considered property so government can go wild like a kid in a candy shop creating regulations and laws on businesses. Business owners can only purchase politicians to get more freedom in operating their businesses. The only other path business owners have is if U.S. Citizens drive the politicians crazy but since U.S. Citizens do not like business owners and politicians the business owner has to put up with whatever politician they can purchase.

Business owners for the past several decades or ever since businesses started bringing in cheap chinese labor have been heavily engaged in purchasing politicians to give them more low cost labor immigrants to raise their profits so they can pay for more politicians to give them more immigrants.  

This article is wrapped around the question of, "Do Immigrants Have The Same Privileges Of U.S. Citizens?" and who dictates exactly what are the, "Exclusive Privileges Of U.S. Citizens?". Driving and marriage are said to be the right of states to set as privilege, OK, what about the right or privilege of U.S. Citizens to be employed first over immigrants? Saying immigrants have the same privilege and right to be employed as U.S. Citizens would really be a contradiction to what is in fact a U.S. Citizen right and privilege by reality.

States do not have the right to give drivers licenses to illegal aliens because it's a U.S. Citizen privilege. States do not have a right to give legal or illegal immigrants anything except jail time under due process of the law as outlined by the U.S. Constitution. Examples of U.S. Citizen privileges and rights not given to immigrants are: "Driving", Marriage", "Guns", "Jobs", "Welfare", "Owning A Business Which Is Not Considered Property", Having A Pet, etc................................! 

If states say they have no authority to deport or help the federal government deport immigrants then states do not have the authority to give illegal aliens access to jobs, welfare, U.S. Citizen privileges and monetary gain.


My Personal Opinion and Read On Each Section Is Written In Red

Article. I.

Section. 8.

      To establish an uniform Rule of Naturalization, 

 Article 1 Section 8 Line 69 did not address immigration because immigration was addressed in Article 1 Section 9. Section 8 merely states congress has to create an office where immigrants can apply for citizenship. Section 8 or Section 9 makes no reference that immigrants have to be granted citizenship only that a place be created to make application.


Section. 9.
92
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The main text in this passage of the U.S. Constitution concerning immigration is the word, "Migration". The U.S. Congress has full control over migration and immigrants in the U.S. legal or illegal. States do not have any authority to grant privileges or rights.

Slavery was outlawed in the U.S. Constitution in 1808. Article 1 Section 9 of the U.S. Constitution clearly gives full authority over any type of immigration into the U.S. to congress including legal and illegal immigration, refugees. After 1808 congress only has the authority to allow or deny any type of immigration. The U.S. Constitution became effective March 4th 1789. Between March 4th 1789 and the year 1808 congress had the authority to tax the importation of slaves and other immigrants $10.00 each to slow the importation of slaves down until congress took control of immigration 9 years later. 

Slavery was taken away from the states in 1908 but just as today the laws were not enforced. It took a Civil War in the 1860's to finally bring slavery to an end. 

Article. IV.

Section. 2.
170
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

The U.S. Constitution sets the privileges and privileges like driving a car and marriage are set by the states. The question is do the states have the right to grant U.S. Citizen privileges to immigrants legal and illegal, refugees? States to not have any right to deal with foreign powers as defined in the U.S. Constitution so what gives the States the right to grant U.S. Citizen privilege to illegal foreigners that enter the U.S.. 

The 14th amendment grants all persons including legal and illegal immigrants the right to, "Life, Liberty and Property" but life, liberty and property are not "Privileges" and only human rights. 

The states pronounced driving on city and state roads a privilege. Sure, an immigrant can own a car but the state cannot grant immigrants the privilege to drive the car on city streets and state highways. The car an immigrant owns can only be driven off road.  

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government,176and shall protect each of them against Invasion;177and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.178

Illegal immigration is a peaceful invasion of the U.S. economy by a foreign entity. When the crossing of the border is in mass and proven it can be considered an invasion including an invasion of criminal elements that are out to harm peaceful U.S. Citizens. Why are a group of "Beatles" and some other British rock and roll groups considered an invasion and not millions of immigrants?


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States42 respectively, or to the people.

If immigration is solely a federal matter as all the states have publicly pronounced then the individual states do not have the authority to give immigrants driver licenses or any other U.S. deemed privilege unless authorized by the federal government. In all logical thought of reality if removing illegal immigrants is the sole responsibility of the federal government then so is the responsibility of the federal government to allow immigrants legal and illegal to drive, get married, work and to have any or all privileges of U.S. Citizens. 

State rights concerning privilege only has authority over U.S. Citizens within the state and not immigrants the federal government has authority over. The U.S. Constitution gives states the right to punish any person legal or illegal that breaks the law but does not give the states the right to grant privilege to immigrants that goes beyond life, liberty and property that the courts have not taken away. The courts can take away an immigrants, "Life, Liberty and Property" through due process of the constitution. Nobody is going to take away an immigrants life unless the immigrant kills someone. An illegal immigrant can have their liberty and property taken away just for being illegal.

Amendment XIV

Section 1.

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.17 No State shall make or enforce any law which shall abridge the privileges or immunities18 of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process19 of law; nor deny to any person within its jurisdiction the equal protection20of the laws.

Life, Liberty and Property the U.S. Constitution allows immigrants to have are, "NOT" U.S. Citizen privileges. They are basically just human rights not to have your life taken from you and enjoy the basic liberties of being in the U.S. with your property, "Under The Laws Set By the U.S. Constitution and Congress" until you go through the court system and a judge pronounces, "You're Illegal In The United States". Then your property can be taken away and your rights to stay and enjoy the freedoms of being in the U.S. can be removed. 

The U.S. Constitution "Does Not Allow" immigrants legal or illegal the privileges of a U.S. Citizen. Immigrants may have the liberty of wandering around the U.S. and looking for work but they do not have the U.S. Citizen privilege of working unless they have an up to date work visa.     
Section 5.

the Congress shall have the power to enforce,29by appropriate legislation, the provisions of this article.

This means the "Congress" and not the states. It is not a states right to deal with immigrants legal or illegal. States do not have the authority to grant immigrants with drivers licenses or any other U.S. Citizen privilege. Granting privilege to immigrants is done by the federal government only.

The supreme court justices don't have any authority to "Interpret" the meaning of the U.S. Constitution to mean anything other than what's clearly written. The U.S. Constitution only gives power to the U.S. Congress to "Interpret" the meaning of the U.S. Constitution through, "Constitutional Amendments" or a Constitutional Convention, both requiring a 2/3rds majority vote.

The job of the Supreme Court Justices is only to make sure that laws passed by congress and states adhere to the "Written Meanings" of the U.S. Constitution. Their job as Supreme Court Justices is, "NOT" to subjectively alter the written meanings through the ideology that the U.S. Constitution was written in text of many conclusions to the meanings.

Subjective definition, "existing in the mind; belonging to the thinking subject rather than to the object of thought"

The U.S. Constitution also states Supreme Court Justices can be removed for "Bad Behavior" and the Supreme Court Justices that publicly state and act on the U.S. Constitution meanings as being open for "Interpretation" are indulging in "Bad Behavior" and can be legally removed. The Interpretation of the written meanings of what's written in the U.S. Constitution can only be interpreted and altered by the, "United States Congress" or a "Convention Of States".

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