When my guy does something I like, I do cheer. When their guy does something I dislike, I’ll boo.
But what happens when my guy does something I like, but which I would boo if their guy did?
I worry about this.
In addition, I look at how I would react if something my guy is doing today, were to be done by their guy tomorrow. I need to be willing to accept both theirs and mine doing this thing.
I was extremely upset when Joe Biden’s masters were ignoring Supreme Court rulings. Is my guy ignoring court rulings?
One of the things to understand is how our Constitutional Republic works. We, The People, have rights. Our state has rights derived from The People of the state.
The federal government and the state government have power. They have power by existing.
The federal Constitution grants authority to the federal government to do certain things, and only those things.
Consider the following, a squad of cops breaks down your door, throws you in irons, transports you to the jail and locks the cage.
Under our Constitution, the cops only have the authority to do so if they have a warrant. If they don’t have that warrant, they do not have the authority to detain you. Did they have the power to do so? Obviously, they did because they did detain you, and they did throw you in jail.
The Supreme Court was not granted any authority under our Constitution. Our Constitution established a Supreme Court, but they didn’t explicitly give the Supreme Court any Authority.
With —Marbury V. Madison, 5 U.S. 137 (1803) the Supreme Court took the authority to arbitrate what was and what was not Constitutional.
We, as a country, have accepted this.
When we look at the courts, they have significant authority, they do not always have the power to enforce their authority.
When the judge looks down from his bench and orders a person into jail, it is Law Enforcement that executes that order. In some cases, the court employs those people. In federal court, the enforcement power rests in the executive branch, such as the federal marshals, who report to DoJ.
So, in the cases I’m looking at, the court has the authority but lacks the power.
Tren de Aragua(TdA)
What is due process as it relates to TdA?
We start with what due process do you have? You are stopped while walking down the street and the cop demands your papers.
You do not have to produce papers when a cop demands them (IANAL). In some states, you might have to identify yourself, but that does not require you to provide papers.
If you have followed your state’s laws regarding providing identification, what next?
Go watch some YouTube videos and reach out to a lawyer in your state. I have nothing to say because I just don’t know.
As a citizen, you have the right to a jury of your peers. You have the right to due process. You have the right to legal representation.
They do not have the authority to just disappear you into a cell.
You will get your day in court. If you are not found guilty, you will be released. It can be expensive, but you don’t get thrown into a cage without due process.
But what if you are here illegally?
If you are an illegal alien, then they only need to prove that you are here illegally. Once they prove that, you can be deported.
The question arises, who do they have to prove legality to? To a judge? To some nameless official? To their drinking buddies? Who?
In the case of TdA and other gangs, like MS-13, they self identify as belonging to those gangs. As part of those gangs, they are not welcome in the United States. Because they are not wanted, they do not have visa or green cards. Since they are not here legally, they can be deported.
But what if they do have a visa or green card?
Simple, those can be revoked. Being a member of such a gang is enough of a reason for the State Department to revoke a visa and/or a green card.
Once they are deported, it becomes the responsibility of the receiving country to deal with those deported.
Well, we decided to fly TdA members to El Salvador. There is an interesting law in El Salvador. According to one source, TdA are by definition criminals in El Salvador.
Under El Salvadorian law, any member of TdA can be arrested and jailed.
When these deportees arrived in El Salvador, the El Salvadorian officials determined if they were indeed members of TdA.
Since they were in El Salvador, they are, by definition, criminals. Thus, they can be jailed.
They were then in processed and get to stay in the comfort of El Salvador super max prison.
Was due process served? Yes. Could it have been abused? Yes. Will it be abused when the democrats regain power? Yes, it will.
How do I know that it will be abused by democrats? Because they did so over the last four years.