ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

IDBlog

Letters of the Week: February 15 - February 19

Rate this Entry
Please email your letters to editor@ilw.com or post them directly as a comment below.

Submit "Letters of the Week: February 15 - February 19" to Facebook Submit "Letters of the Week: February 15 - February 19" to Twitter Submit "Letters of the Week: February 15 - February 19" to Google Submit "Letters of the Week: February 15 - February 19" to StumbleUpon Submit "Letters of the Week: February 15 - February 19" to Reddit Submit "Letters of the Week: February 15 - February 19" to Digg Submit "Letters of the Week: February 15 - February 19" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. ImmigrationLawBlogs's Avatar
    Here are a few random comments about events that happened over the weekend. First, every American, including myself, sends sympathy and condolences to the family of Justice Antonin Scalia over his sudden and untimely death. (Yes, in this modern day and age, death at any age below 85 should be looked at as untimely.)

    But respect for the deceased does not mean that one has to whitewash his judicial record with a lot of hypocritical nonsense about how he was a "towering legal mind" and "strict constructionist" who respected the "original meaning" of the Constitution.

    There is a strong case to be made that Justice Scalia twisted the Constitution to make it come out any way he wanted to in service of his elitist, anti-immigrant and anti-minority agenda.

    This comes through in his 2012 dissenting opinion in Arizona v. US, when he invented out of thin air a theory of state sovereignty over immigration (as opposed to that of the federal government) which even his own opinion admitted had been abandoned over 200 years ago when the Articles of Confederation were replaced by the Constitution.

    The only point of this weird theory, which even the other two Justices who also favored upholding Arizona's repressive S.B. 1070 immigration law, Thomas and Alito, refused to follow in their own dissents, was obviously to give local bigots such as Sheriff Joe Arpaio free rein (or reign!) in carrying out their program of anti-immigrant terror.

    In a decision which was not related to immigration, and which I therefore ask readers' indulgence in discussing, namely the Heller gun control case, Justice Scalia, though casuistry and verbal slight of hand, made the modifying clause over the right to bear arms in the 2nd Amendment, namely service in a militia, vanish into thin air, as if the writers of the Amendment had never put that phrase in at all. What kind of "Original Intent" is that?

    If Justice Scalia had really cared about what was in the minds of the framers of the 2nd Amendment, he could have opened up a copy of Julius Caesar's Gallic Wars and read that as long as 2,000 years ago, the phrase "bear arms" (arma ferre) referred only to service in a militia.

    Of course, Julius Caesar was not a lawyer (though early in his career, he did serve as a prosecutor) but he clearly knew a few things about arms and who could bear them.

    In the same way, Virgil, the greatest of all Roman poets and a favorite of Julius Caesar's great nephew and adopted son Augustus Caesar, when writing what are arguably the most famous three words in all of Latin literature: arma virumque cano ("I sing of arms and the man") in the opening line of the Aeneid, meant arms as used in the Trojan War, not a hunting expedition (other than, possibly, to find food for soldiers - see Book ! of that work) or some other private use of weapons.

    More importantly, it is extremely unlikely that there could have been a single drafter of the 2nd Amendment who did not know Caesar's Gallic Wars in the original Latin almost by heart, given the educational standards of that time. It is utterly inconceivable that any of the 2nd Amendment drafters could not have been familiar with the opening line of the Aeneid, including the meaning of the word arma as used in one of the most famous epic poems in all of Western civilization.

    Of course, i am not talking about legal history per se, but about the cultural background of the 2nd Amendment authors, which it is impossible to ignore in any objective analysis of what they in all likelihood meant when they framed that amendment.

    Even today, Black's Law Dictionary still defines the term "bear arms" as carrying weapons "with reference to their military use". The so-called individual right to bear arms for any other purpose is a fiction, conjured out of nowhere by Justice Scalia and his fellow "conservatives" for purely political purposes.

    Can there be any doubt that Justica Scalia would not have hesitated to do the same in dealing with immigration? His dissent in Arizona should be read in the above light.

    Justice Scalia's interest in "original intent" it seems, may have been highly selective, depending on the result he wanted. Talk about "legalistic argle-bargle" (one of Justice Scalia's favorite phrases).

    None of the eulogies of Justice Scalia, of course, mentioned that only a month or two ago, no less than Donald Trump called Justice Scalia out for bigotry in his (Scalia's) remark to the effect that African-American students don't need to go to top colleges because they allegedly wouldn't do well in the best schools.

    That was not exactly one of the more shining moments in Justice Scalia's judicial legacy, or, for that matter, in the history of the Supreme Court. One has to wonder how many of Justice Scalia's obituaries will mention it. Don't hold your breath.

    This brings me to Donald Trump himself, who engaged in one of his rare incidents of telling the truth at the Republican debate on February 13 by saying that G.W. Bush lied about the WMD in Iraq.

    Even though the whole world knows this is true, Trump was still booed for making this statement at the South Carolina debate by the same types of people who cheer him on when he lies about Muslims all being "terrorists" or Mexicans all being "criminals" and "rapists."

    Finally, a comment about President Obama's "right" to replace Justice Scalia: I, along with millions of other people in America, hope that Justice Scalia will be replaced with a more liberal Justice. Nor can there be the slightest doubt that President Obama has the right to nominate a successor.

    But does this mean that the Senate is under a duty to approve Obama's nomination or even vote on it, as many Democrats are now arguing?

    Of course not. Nothing in the Constitution says so. No one can say that political lunacy is entirely on the right.

    What is the way to get a liberal successor to Justice Scalia confirmed? Elect a Democratic president and Senate this fall.

    For this to happen, voters who care about immigrant and other minority rights will need to turn out in huge, unprecedented numbers to prevent Donald Trump or any other anti-immigrant Republican from being elected as America's Bigot-in-Chief.

    Roger Algase
    Attorney at Law
    Updated 02-16-2016 at 08:51 AM by ImmigrationLawBlogs
  2. Nolan Rappaport's Avatar
    Quote Originally Posted by ImmigrationLawBlogs

    There is a strong case to be made that Justice Scalia twisted the Constitution to make it come out any way he wanted to in service of his elitist, anti-immigrant and anti-minority agenda.
    Roger Algase
    Attorney at Law
    You even demonize someone as distinguished as Justice Scalia and you do it within days of his death. I find that very illuminating. It proves to me that you cannot tolerate disagreement. If someone disagrees with you on an immigration issue, he must be anti-immigrant, anti-hispanic, a bigot, a racist, ...... If God appeared before you and expressed disagreement with one of your immigration views, you would demonize Him too.
  3. Nolan Rappaport's Avatar
    Quote Originally Posted by Nolan Rappaport
    You even demonize someone as distinguished as Justice Scalia and you do it within days of his death. I find that very illuminating. It proves to me that you cannot tolerate disagreement. If someone disagrees with you on an immigration issue, he must be anti-immigrant, anti-hispanic, a bigot, a racist, ...... If God appeared before you and expressed disagreement with one of your immigration views, you would demonize Him too.
    And you are not the only one who reacts this way. I see this as the biggest obstacle to reaching an agreement with the republicans on a comprehensive immigration reform bill. You can't call someone a racist bigot and expect him to be receptive to your ideas.
  4. ImmigrationLawBlogs's Avatar
    I am sorry to interrupt Nolan's diatribe with a few facts, but first, I expressed my condolences for the late Justice Scalia's untimely death that every American should also share. I made no attack whatsoever on Justice Scalia's character, entirely refraining from the type of personal attacks that Nolan saw fit to make against me.

    I will add one thing, however, to make my position even clearer. I have great admiration for and respect for Justice Scalia's friendship with Justice Ruth Bader Ginsburg and her family, despite the two having been ideological opponents. This will be to Justice Scalia's eternal credit.

    My criticism of Justice Scalia was addressed solely to his judicial dissenting opinions in two specific cases, Arizona and Heller, which with all due respect to this long serving deceased jurist, I thought were deeply flawed. If Nolan would like to consider actually reading these two opinions, and can show where my reaction to them is mistaken, he is welcome to do that.

    As i pointed out in my letter, even two other Justices who generally shared Justice Scalia's political and ideological views, Thomas and Alito, refused to go along with Justice Scalia's theory of "sovereignty" over immigration matters by individual states in the Arizona case. If I disagreed with Justice Scalia's reasoning in his dissent in that case, i am in good company.

    I will certainly look forward to reading Nolan's defense of Justice Scalia's opinion in that case (or in the Heller gun control case, where Justice Scalia threw an accepted definition of the term "bear arms" dating back two thousand years, all the way to the time of Julius Caesar, into the trashcan), whenever Nolan's comments might be forthcoming.

    And yes, I did mention that someone called Justice Scalia a bigot for his utterly indefensible remarks about African-American students in an affirmative action case oral argument. The person who called Justice Scalia's remarks in that case bigoted was someone by the name of Donald Trump.

    I happen to agree with Mr. Trump on that point.

    Roger Algase
    Attorney at Law
    Updated 02-18-2016 at 05:39 AM by ImmigrationLawBlogs
  5. Nolan Rappaport's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    NI made no attack whatsoever on Justice Scalia's character, entirely refraining from the type of personal attacks that you have so often made against me.
    Roger Algase
    Attorney at Law
    I don't recall making any personal attacks on you. In fact, I don't recall even disagreeing with anything you have said other than your descriptions of people with views you dislike. My negative comments have been about your tendency to use ad hominem arguments to discredit people who disagree with you. For instance, with respect to Justice Scalia, you said, "Justice Scalia twisted the Constitution to make it come out any way he wanted to in service of his elitist, anti-immigrant and anti-minority agenda." Instead of disagreeing with his interpretations of the Constitution, you accuse him of pursuing an elitist, anti-immigrant and anti-minority agenda.
  6. ImmigrationLawBlogs's Avatar
    I think that is a fair description of Justice Scalia's judicial philosophy, which included, among other things, attacking minority voting rights as a "racial entitlement" and his homophobic dissenting opinions in gay rights cases.

    This is not a judicial legacy to be proud of.

    For a full analysis of Justice Scalia's homophobia, see Nathaniel Frank's February 16 article: Antonin Scalia's anti-gay legacy in Slate.

    (I do not have a link.)

    I have no intention of attacking Justice Scalia as a person, I was saddened to hear about his death, especially since I am not all that much younger than he was.

    Roger Algase
    Attorney at Law
    Updated 02-18-2016 at 05:38 AM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    On another subject, Huffington Post reports on February 18 that Pope Francis has made the following statement about Donald Trump, according to reporters who were on his plane returning from his recent trip to Mexico.

    "A person who only thinks about building walls, wherever they may be, and not building bridges, is not a Christian."

    As is well known, the Pope, who is himself the son of immigrants to Argentina, began his early career in the Catholic Church during the widespread terror that took place during the time of that country's fascist dictatorship.

    Based on some of Trump's other proposals, such as to bring back waterboarding and "much worse" forms of torture, closing down mosques and making over a billion people around the world ineligible to enter the US solely because they belong to an unpopular religion, not to mention sending a Gestapo-like task force to conduct midnight raids and deport up to 11 million mainly Latino people, in a spasm of ethnic cleansing totally unprecedented in America's history; as well as the violence which has been used against protesters at Trump's rallies, and Trump's bullying and vindictive assaults against his critics and opponents, there might have been a few things that the Pope could have mentioned about Trump on the basis of the Pope's experiences during Argentina's dark days of dictatorship.

    So far, the Pope has not spoken about this aspect of Trump's plans for America. Let us hope that the need to do so will never arise.

    Roger Algase
    Attorney at Law
    Updated 02-18-2016 at 01:35 PM by ImmigrationLawBlogs
  8. Julian Ortuondo's Avatar
    I was born in the same city as the Pope, Buenos Aires. I know his ways. Francisco is a Peronist (a mix between Communism and Fascism). On June 14, 1955, Peronists burnt 14 Catholic Churches, Cathedral included. Per?n, the dictator, was excommunicated by the Church. This week the Pope sent a rosary to a Communist-Peronist leader imprisoned for a fraud of millions of dollars to the people. I could tell you much more, but I think you get my point. Don?t trust Francisco. Unfortunately, as a Catholic, I feel ashamed.


    Quote Originally Posted by ImmigrationLawBlogs
    On another subject, Huffington Post reports on February 18 that Pope Francis has made the following statement about Donald Trump, according to reporters who were on his plane returning from his recent trip to Mexico.

    "A person who only thinks about building walls, wherever they may be, and not building bridges, is not a Christian."

    As is well known, the Pope, who is himself the son of immigrants to Argentina, began his early career in the Catholic Church during the widespread terror that took place during the time of that country's fascist dictatorship.

    Based on some of Trump's other proposals, such as to bring back waterboarding and "much worse" forms of torture, closing down mosques and making over a billion people around the world ineligible to enter the US solely because they belong to an unpopular religion, not to mention sending a Gestapo-like task force to conduct midnight raids and deport up to 11 million mainly Latino people, in a spasm of ethnic cleansing totally unprecedented in America's history; as well as the violence which has been used against protesters at Trump's rallies, and Trump's bullying and vindictive assaults against his critics and opponents, there might have been a few things that the Pope could have mentioned about Trump on the basis of the Pope's experiences during Argentina's dark days of dictatorship.

    So far, the Pope has not spoken about this aspect of Trump's plans for America. Let us hope that the need to do so will never arise.

    Roger Algase
    Attorney at Law
  9. ImmigrationLawBlogs's Avatar
    There might be many reasons why the Pope has not spoken out about what more and more commentators, including some on the right (in National Review, for example) are openly calling Trump's fascist or at least proto-fascist tendencies.

    So far, most of the American media have been giving Trump a pass on his anti-Muslim, anti-Latino bigotry and his admiration for torture, bullying and violence.

    Let us hope that the Pope's comments about Trump's lack of Christian feeling will start a dialogue about Trump's true character and the very real danger he poses to American freedom.

    Roger Algase
    Attorney at Law
  10. Generalcategory's Avatar
    fter you have decided to consider law education as a career after completing your graduation there are two things to be considered even then. www.kochlawfirm.org
    I grew up in the 1980s when it seemed that everyone wanted to be a lawyer like the ones on LA Law. www.criminallawfirm.org
    Car buying has grown simpler by the time due to growth of car finance schemes. Financing your car appropriately takes into account your financial conditions and repayment capacity before giving you a car finance loan. www.wolffinance.org
    Considering failure is valuable, though, because the very ingredients that make for business failure can be transformed into business success. www.businessformations.org
    During the 2000s, business planning and entrepreneurship experienced a resurgence due to the massive and expansive growth of Web 2. 0 businesses and the solid GDP growth of the US. www.businessvids.org
    Having the potential to turn the sails in favour of neophytes and bring down incumbents, Digital Disruption is reshaping markets with the speed and force that has no match in history! Survivors are those businesses that are pro-actively adopting digital, but in order to thrive, they must also innovate new business models to keep pace with the digital age! www.businessitonline.org
    A general conception among the consumers is that cheap health insurance should not be costly-the cheapest health insurance plan available in the market is their target. www.help-health.org
    In the last few months there have been many Health Care Reform rules and regulations updated by the Health and Human Services Department. www.healthlawbenefits.org
    Health, good or bad, is too often something that happens TO people. This article offers an alternative way to view health, as either static or earned. www.questionmyhealth.org

    Beauty is everywhere if we would only care to look with spiritual eyes. What often escapes the mind is what the heart cannot ignore, for as the heart is beautiful, so is this what it is able to recognize and appreciate perfectly. reflectionsofbeauty.net
    On the different theories of beauty and the role of perception in the judgment of beauty. The psychology of beauty is complex not just because the concept of beauty is as yet undefined but also because it is largely true that beauty lies in the eyes of the beholder or how individuals perceive other people or things. goodgoshbeauty.net
    Your Indian marriage proposal or matchmaking has taken place. You know that the next step is planning your Indian wedding, but where do you start? Read on further to discover what will be the next steps to take to prepare for your wedding. weddingwhisperers.net
    Let us help you explore Australia to find the perfect wedding venue for your ceremony and reception. Whichever location you choose you can rest assured that you and your guests will experience a wealth of fantastic scenery, blue skies and hours of sunshine downunder! bornwedding.net
    Getting your wedding gown cleaned and preserved as soon after your wedding as possible helps to give you the very best possible results. You can still have your gown cleaned and preserved years later, but the delay can cause problems. Which of the three wedding gown preservation methods is best? smithfieldweddings.net
    Higher education in India has entered into a new phase with the invasion of foreign universities and increasing aspirations of Indian students. gladstone-education.net
  11. Generalcategory's Avatar
    Education is something that many have said much about. Most of these are complex or vague. Consider Aristotle's description ('an ornament in prosperity' and 'a refuge in adversity') or Joseph Addison's ('What sculpture is to a block of marble, education is to a human soul'). fsaaeducation.net
    As with many school systems across the United States, Arizona Schools have several measurement and accountability programs in place to improve student scholastic achievement. keystone-school.net
    One of the most asked questions by migrants is "How do I choose a school for my children? ". This article looks at some of the things you can do to help make that task a little easier. The article offers advice and websites for you to carry out your own research. punditschool.net
    In trying to decide what type of college will best meet your wants and needs there are many things to consider. Listed below are some of the factors you will need to consider in deciding where you want to go to college. choicecollegeconsulting.net
    Beauty is the source of your personal magic; it is the essence of who you are, it connects you to others and to the plenty of this planet. thebeautybox.net
    We have separated children's sun protection into two categories. 1. Babies and Sun Protection and 2. Kids and Sun Protection.... I guess there should be a third category for teenagers but as they say, "Cats have nine lives. sunvalleyautocare.net
    An Enterprise Service Bus (ESB) is a flexible connectivity infrastructure for integrating applications and services. The Enterprise Service Bus(ESB) can help you achieve the goal of SOA. icounselingservices.net
    Whether you are looking for a service provider in household energy, telecommunication, banking and finance, insurance, travel, technology or even shopping, you deserve nothing but the very best as a customer. intoservices.net
    Do you ever worry that your business will fail? It's hard to contemplate failure, especially when you're working so hard and want so much to be successful. suisunbusinessnews.net
    Some babies are naturally prone to be smart by genetics, while others are less apt to get the 'genius gene'. However, as parents it is our duty to harness the full potential of our children from birth. Here's 20 ways to encourage early learning development for your baby... babycase.net
    Auto (car) insurance is a type of insurance coverage for damage to and resulting from an auto. Insurance of this type can cover a variety of things depending on the kind of auto insurance that has been purchased. autohavenonline.net
    The end result is much lower repair bills with a great friendly service. This is the insiders' step by step approach on how best to find the right local auto repairs. suppliesauto.net
    This is the easiest way of finding the best local garage to use for any auto repairs. The end result is the car is serviced or repaired the way you want it to be done and at prices agreed. roadrunnerautomart.net
    A sound tech's primary duty is to assist the sound engineer and he has only one major responsibility, which is to be attentive. Here are some specific instructions to become a better sound tech. brightontech.net
    Sports Betting Champ, John Morrison is most well known for his 97% win rate MLB/NBA sports betting system. But, the Sports Betting Champ has also brought us other valuable products... safeguardsports.net
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: