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Posts tagged ‘the 9th Circuit Court of Appeals’

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Ann Coulter Letter: A Maniac Is Running Our Foreign Policy! (It’s Not Trump)


waving flagCommentary by  Ann Coulter  | 

URL of the original posting site: http://humanevents.com/2017/02/08/a-maniac-is-running-our-foreign-policy-its-not-trump/

If only we were able to deport citizens, we could use Trump’s new policy of excluding those who are “hostile” toward our country to get rid of Judge James Robart. Judge Robart’s veto of Trump’s travel ban notwithstanding, there is not the slightest question but that the president, in his sole discretion, can choose to admit or exclude any foreigners he likes, based on “the interests of the United States.”9th-circuit-court-of-appeals-robart

The Clinton administration used the executive branch’s broad power over immigration to send a 6-year-old boy back to a communist dictatorship. The courts were completely powerless to stop him.

As explained by the federal appellate court that ruled on Elian Gonzalez’s asylum application: “It is the duty of the Congress and of the executive branch to exercise political will,” and “in no context is the executive branch entitled to more deference than in the context of foreign affairs,” which includes immigration.

The court acknowledged that Elian might well be subjected to “re-education,” “communist indoctrination” and “political manipulation.” (Then again, so would enrolling him at Sidwell Friends.) It didn’t matter! Sending little boys back to communist dictatorships was the policy of the Clinton administration.

The Obama administration’s immigration policy was to ensure that millions of poverty-stricken foreigners would come here and help turn our country into a Mexican version of Pakistan. When Arizona merely tried to enforce the federal immigration laws being ignored by the Obama administration, the entire media erupted in rage at this incursion into the majestic power of the president over immigration. They said it was like living in Nazi Germany!press-love-600-la

The most reviled section of the act, melodramatically called the “Papers Please” law, was upheld by the Supreme Court. But the other parts, allowing state officials to enforce federal immigration laws, were ruled unconstitutional. A president’s policy choice to ignore immigration laws supersedes a state’s right to enforce them.

The court conceded that hundreds of thousands of illegal aliens were arrested in Arizona each year, that they were responsible for “a disproportionate share of serious crime,” and that illegals constituted nearly 6 percent of Arizona’s population.

But Arizona was powerless to enforce laws on the books — if those laws happened to be about immigration. The president’s authority over immigration is absolute and exclusive, as part of his authority over foreign policy.

To review:

— When the president’s immigration policy is to promote international communism: The president wins.

— When the president’s immigration policy is to transform America into a different country: The president wins.

But when the president’s immigration policy is to protect Americans: Some piss-ant judge announces that his authority exceeds that of the president.

This is exactly what I warned you about in Adios, America: The Left’s Plan to Turn Our Country into a Third World Hellhole. Nothing Trump does will be met with such massive resistance as his immigration policies.

The left used to attack America by spying for Stalin, aiding our enemies, murdering cops and blowing up buildings. But, then liberals realized, it’s so much more effective to just do away with America altogether! Teddy Kennedy gave them their chance with the 1965 immigration act. Since then, we’ve been taking in more than a million immigrants a year, 90 percent from comically primitive cultures. They like the welfare, but have very little interest in adopting the rest of our culture.illegalalienvoters-300x300

In many parts of the country, you’re already not living in America. Just a few more years, and the transformation will be complete. There will be a North American landmass known as “the United States,” but it won’t be our country. The only thing that stands between America and oblivion is a total immigration moratorium. We are well past the point of quick fixes — as Judge Robart’s delusional ruling proves.

The judiciary, both political parties, the media, Hollywood, corporate America and approximately 1 million lobbying groups are all working frantically to bring the hardest cases to our shores. Left-wing traitors, who used to honeymoon in Cuba and fight with peasant revolutionaries in Peru, toil away, late into the night, to ensure that genocidal Rwandans can move to America and immediately start collecting food stamps, Medicaid and Social Security.

No matter how clearly laws are written, government bureaucrats connive to import people from countries that a majority of Americans would not want to visit, much less become. Federal judges issue lunatic rulings to ensure that there will never be a pause in the transformation of America.

Congress could write laws requiring immigrants to pay taxes, learn English, forgo welfare and have good moral character. It could write laws giving the president authority to exclude aliens in the public interest. Except it already has. Those laws were swept away by INS officials, federal judges and Democratic administrations — under ferocious pressure from America-hating, left-wing groups.

The country will not be safe until the following outfits are out of business:

The ACLU’s Immigrants’ Rights Project;

the National Immigration Forum;

the National Immigration Law Center;

the National Immigration Project of the National Lawyers Guild;

the National Network for Immigrant and Refugee Rights;

the Office of Migration and Refugee Services; the American Immigration Law Foundation;

the American Immigration Lawyers Association;

the Border Information and Outreach Service;

Atlas:

DIY;

the Catholic Legal Immigration Network;

the Clearinghouse for Immigrant Education;

the Farmworker Justice Fund;

Grantmakers Concerned with Immigrants and Refugees;

the Immigrant Legal Resource Center;

the International Center for Migration, Ethnicity and Citizenship;

the Lesbian and Gay Immigration Rights Task Force;

the Lutheran Immigration and Refugee Service;

the National Association for Bilingual Education;

the National Clearinghouse on Agricultural Guest Worker Issues;

the National Coalition for Dignity and Amnesty for Undocumented Immigrants;

the National Coalition for Haitian Rights;

the National Council of La Raza;

and the National Farm Worker Ministry.marxist-socialist-leftist-tyranny-hate-groups

And that’s only a small fraction of the anti-American immigration groups assiduously dragging the Third World to our shores — while you were busy working.

Look at that list — look at Judge Robart’s ruling! — and ask yourself: Is it possible that anything short of a total immigration moratorium can save this country? Only when there is no immigration to bellyache about will these nuts be forced to think of a new way to destroy America.

Today’s Politically INCORRECT Cartoon


waving flagAiding and Abetting

Some say Judge Robart may me to blame for future terror in America if his ruling against President Trump’s travel ban isn’t overturned.

Judge Robart Ruling / Cartoon by A.F. Branco ©2017.

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Liberal 9th Circuit Court Rules Against California and Defends the 2nd Amendment!


waving flagWritten by Tim Brown Tim Brown

 
docgun

In a surprise ruling by what is arguably the most liberal appeals court in the US, the 9th Circuit Court of Appeals ruled in favor of the rights of Americans to not only sell guns, but to buy them as well.

 Teixeira v. County of Alameda  was the case before the court.

KRON reported on the background to the case.

The panel issued the ruling in a challenge by three business cropped-george-washington-regarding-2nd-amandment.jpgpartners to an Alameda County law that requires gun stores in unincorporated areas to be at least 500 feet from a residential area.

The three men wanted to open a gun and firearms training store in an unincorporated part of San Leandro, but county zoning administrators found that the site was within 500 feet of a residential area.

A federal trial judge dismissed the lawsuit, saying that the county had a rational basis for enacting the law to protect public safety and preserve the character of residential zones.Hey Leftist

The Washington Post reported the facts of the case:

Alameda County, Calif., is located on the eastern side of San Francisco Bay. The county’s 821 square miles include Oakland and Berkeley. The county presently has up to 10 gun stores. (The exact number is factually disputed.) In 2010, several entrepreneurs attempted to open a new store, “Valley Guns & Ammo,” in the town of San Leandro, south of Oakland. They believed that there was an unmet need for a store which provides personalized service; this includes gun smithing, hunter safety training and the firearms safety training which is a prerequisite for gun purchases in the state. The owners complied with the many federal and California regulations pertaining to firearms stores. The West County Board of Zoning Adjustment found that there was a “public need” for the store, that the store complied with the general zoning plan for the area and that the store would have no adverse impact on residents.

However, Alameda County has a general rule against the location of any gun stores within 500 feet of a residentially zoned area, a K-12 school, a pre-school or day care center, another firearms sales business, or any establishment where alcohol is sold or served.

The store was 446 feet from a residential area, as the crow flies. (By foot, bicycle, or automobile, the travel distance was more than 500 feet, partly because the store’s location and the residential area are separated by an interstate highway.) The Zoning Board voted to grant a variance. Then, the San Lorenzo Village Homes Association filed an appeal to the Alameda County Board of Supervisors, because some of the association’s members “are opposed to guns  and their ready availability and therefore believe that gun shops should not be located” in the community. The supervisors, perhaps sharing the association’s naked prejudice against the exercise of constitutional rights, sustained the appeal.

Litigation ensued. The district court granted a motion to dismiss. The 9th Circuit reversed, in Teixeira v. County of Alameda. For purposes of ruling on the motion to dismiss, the 9th Circuit assumed that all facts alleged in the complaint could be proven at trial. The crucial fact alleged by plaintiffs was that the 500 foot rule had the effect of prohibiting any new gun stores in the unincorporated land of the county. (Population density in Alameda County is more than 2,000 persons per square mile, according to the 2010 census. Population density in the U.S. as a whole is 85 persons per square mile. Alameda County’s population density is greater than Taiwan (1,655) but less than Bangladesh (2,477).)

“If the Second Amendment individual right to keep and bear a handgun for self-defense is to have any meaning, it must protect an eligible individual’s right to purchase a handgun, as well as the complimentary right to sell handguns,” Judge Diarmuid F. O’Scannlain wrote. “The right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.”

“The right of law-abiding citizens to keep and bear arms is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees…,’” O’Scannlain added.  “Just as we have a duty to treat with suspicion governmental encroachments on the right of citizens to engage in political speech or to practice their religion, we must exert equal diligence in ensuring that the right of the people to keep and to bear arms is not undermined by hostile regulatory measures.”AMEN

The Wall Street Journal reports that counsel for Alameda County Donna Ziegler has said they will repetition the 9th Circuit Court to rehear the case.

“Our intent is to continue to defend our ordinance,” said Ziegler.More Words of a Hateful Leftist Socialist Propagandist

While a question may be raised over the issue of an ordinance, the reality is that when it come to the purchase and sale of firearms, that is a right to be protected by the government, not infringed upon.

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