Thank you, Steve- here is the comment I just sent you via email for those who might like to see it, dealing with this very troubling Supreme Court order.
1234
Jim George
Member
Jim George @JimGeorge
49 Minutes Ago
Full Size Tabby (View Comment):
The big question is the boundary between the states’ general police powers to maintain public order in their territories and the exclusive jurisdiction of the federal government to control the international borders under the United States Constitution.
Thank you for your very thorough review of this area of the law. Please permit me to raise a few points of disagreement with some of your major premises, with, of course, the utmost of respect, and with a sincere request that if you disagree with some of my conclusions that you will feel more than free to share those disagreements and the basis upon which you hold them.
The question which prompted your comment was:
Freeven (View Comment):
Can anyone point me to a sound, layman-accessible, summary of the Constitutional issues involves here?
Before I wrote my comment #61 above, as I said in opening the comment, I carefully studied the Fifth Circuit opinion by Judge Kyle Duncan and I have re-read it and re-studied it again before starting this discussion. Based on what I read in that opinion, there really is no Constitutional issue presented in that opinion but it involves solely a question of statutory interpretation, i.e., whether the language of 5 USC 706(2)(c) was broad enough to constitute a Congressional waiver of the Sovereign Immunity defense the government would ordinarily have. The District Court recognized that the statute generally does waive such immunity defense but nevertheless held that because it did not “unequivocally” encompass the specifics of Texas’ claim it could not be held to waive this particular claim.
Summarizing the next few pages of the opinion, the Fifth Circuit held that in its interpretation of the statute the language was broad enough to waive the sovereign immunity defense and that the suit should be allowed to continue to argument on the merits. Thus, as they found that Texas had satisfied the factors necessary for an injunction pending appeal, the first of which was whether Texas had a strong likelihood of success on the merits, they granted the injunction pending appeal. This finding, and the fact that it, along with the rest of the Fifth Circuit’s opinion was reversed by the Supreme Court order, was what prompted my comment above. The Court said:
We begin with Texas’s likelihood of success on the merits of itscommon law trespass to chattels claim. For purposes of theTRO, the districtcourt concluded Texas was likely to prevail on this claim.But the court nonetheless deniedTexas’s requested preliminary injunctionbecause it concluded that 5 U.S.C. § 702 did not clearly waive sovereign immunity for claims of this sort. We disagree.Case: 23-50869 Document: 49-2 Page: 7 Date Filed: 12/19/2023
Therefore, if I am correct in my understanding that the issue of the usual broad soverign immunity of the government was not the main point here but that as a matter of statutory interpretation that immunity had been waived by Congress for certain types of cases and this was one of them, there really was no issue of the exclusive jurisdiction of the government over the border. Not to repeat #61 but the reason I find this Order of the Supreme Court so troubling is the message it impliedly sends that one of the most truly conservative Justices, Amy Coney Barrett, thinks, like the District Court, that this statute may as well not even exist and/or that it does not mean what it says. If that is what she thinks then she is clearly not the textualist we were told she is. Please be so kind as to let me have your views on where, or whether, I have gone astray as I am, like all of us, trying to understand this entire puzzling case, not to mention the surreal fact that we have a “President” who simply refuses without consequence to “faithfully execute the laws” of our Nation.
Your comments are right on with wireless communication at your fingertips. For some people, it replaces verbal and close communication. WHY? If you don't like what they say on the device, you turn out or tune out use to be the expression as well as unfriended you. The constant use of wireless devices leads us to the next evolution, implants, the CEO of X has developed a brain chip so it would be easy to incorporate wireless software to the chip and be hacked. All of this reminds me of the UFO program on Aliens. I look at their mouths, a slit of a mouth, I suggest for lack of use. I find it useful for researching and dislike for the ability of people to reach you at anytime of day. So now you can say "Good Bye" to letters. Music as you said is weaning, the true art of music. It's rap today, that has influence every country's culture. I stopped listening to music after rap no longer was a novelty and became mainstream.
What is sunset years? We'll It's the ladder of wisdom, unfortunately it comes with a sacrifice ; old age. But it does have advantages. I'll have to think about that.
Our greatest resource is our children, and we have ASSume the Public School system would take care of our treasure; and we were wrong. From the board of education., school administration and Teacher's Unions all failed to provide the education that would lead to successful careers, instead they filled them with woke BS and political ideology that would destroy our Constitutional Republic. We gave them TRUST and they BETRAYED THE TRUST. We can't let that happen again. These groups must be SUBORDINATE TO WE THE PEOPLE, TRANSPARENCY IS KEY WITH ADMINSTRATORS AT ALL LEVELS OF EDUCATION. TEACHER'S UNIONS MUST STAY IN THEIR LANE. UNDERPREFORMING TEACHERS EITHER COME UP TO STANDARD OR FIRED. THE REALM OF EDUCATION BELONGS TO THE PARENTS, AND THE BOARD OF EDUCATION MUST INCLUDE
PARENTS. SCHOOL CHOICE IS NECESSARY TO INSURE QUALITY
PUBLIC EDUCATION. OUR HISTORY IS IMPORTANT AND CIVIC MUST BE MANDATORY AT ALL LEVELS OF EDUCATION PUBLIC OR PRIVATE.
We will repair the damage caused by this adminstration and the decades' agenda thrust upon us by the democrats, beginning with COVID (don't let a crisis go to waste). Americans ALL know WE THE PEOPLE Must prevail for the sake of our children our greatest resource, so THEY can have LIFE,LIBERTY AND THE PURSUIT OF HAPPINESS, UNDER A CONSTITUTIONAL REPUBLIC.
When I was on active duty, I would be assigned as the logistics NCO.. My assignments in this field taught me that before I could initiate any actions of my own, I had to look backward at what they have done in the past, the facilities that supported them, and the relationship with the facilities. What does that have to do with our current events?, a lot. Let's start at he beginning, when I forefathers gathered to write the Constitution and Bill of Rights, their experiences
with monarchies and other forms of governments,showed a lack of many of safe guards to protect WE THE PEOPLE. They use COMMON SENSE, what kind of government would I be able to thrive under? But not all those present with our forefathers agreed and looked at modified monarchies and other forms of governments. The majority agreed on a Constitutional Republic, but it created a fifth column. A challenge to the Constitutional Republic came in the Civil War. The defeat of the confederate states taught them that the country was too large for a revolt. Opposition experimented with segregation then with Civil Legislation under Johnson. It destroyed black families and others in the poverty level. Lessons learn by the opposition was that the key to their agenda is dismantling the Constitution Republic under the guise of rights and entitlements, invading institutions and government bureaucracies piece by piece. Politically, they had to promise much and give little blaming the other party and promising it will get better.....with a long time line. But they had to rid themselves of the moderates within their mist, looking to the far left, progressive parties and others.But it does have unintended consequences, the democratic party leadership, are barely able to control the agenda and have had to capitulate to leftists and others agendas. What's next? So far the actions against Trump have backfired, only increase his popularity and WE THE PEOPLE have awaken!
After this Guilty verdict from the Kangaroo Court, guided a hideous clown on the bench, it should be apparent that this was a POLITICAL HIT JOB. WE THE PEOPLE will show our anger at the ballot box. I would strongly recommend that career politicians and those who trample on our constitution and bill of rights and the flag, retired NOW. This episode under this adminstration, needs to be included in our Civics and American History to include how this ever had happen. WE THE PEOPLE MUST DIG DEEPLY INTO OUR ELECTED OFFICIALS BACKGROUND, WE THE PEOPLE MUST ENSURE THAT THE AGENDAS OF DONORS, SPECIAL INTEREST GROUPS, LOBBYISTS AND COHORTS , OR STATE LOBBYISTS NOT ADDED TO FISCAL OR REGULATORY LEGISLATION. WE DO THAT BY ENACTING A SPECIAL SESSION.
THIS SESSION WILL SCREEN THEIR "ADDITION" TO FISCAL AND REGULATORY ISSUES. THEIR "ISSUES " MUST BENEFIT ALL THE PEOPLE. STATE LOBBYISTS MUST GO TO THEIR STATES TO ARGUE THEIR CASE TO HAVE THEIR "SUGGESTIONS " INCLUDED IN THE STATE BUDGET
The Biden administration and his wood rot party are attempting to handicap Israeli forces from eliminating the last stronghold of Hamas. Biden has put a hold on strategic weapons use by the IDF to eliminate as much as possible civilian casualties. It is apparent that the Biden Adminstration and their supporters have a different version of Hamas. Hamas terrorists groups wanted to destroy Israel and its people from the face of the earth. Biden and his cohorts want to destroy From WITHIN,
the Constitutional Republic, the Constitution and Bill of Rights , customs and traditions that has made our country great. Where as the terrorists have built tunnels and stored munitions and created command posts in densely population area, the democrats and their fringe groups had "tunneled" into our education systems, judiciary system, bureaucracy, legislative body, at the federal,state and local levels FOR DECADES. But now our citizens are waking up to the dangers, showing their distaste by changing their party affiliation and the popularity of the 45th president at his rallies.
The next phase for the democrats, inserting legislation that would give a minority party power to stall any legislation by the majority party. "Dick"Durbin has a Blue Light legislation he will attempt to have pass, to give the democratic party party, that ability to stall ANY legislation by a Republican President.
Here is an excepts from Law by Frederick Bastiat's book on Law and Morals: WE repudiate ONLY FORCE fraternity; not true fraternity. We repudiate the ARTIFICIAL unity that does nothing more than deprive persons of individual responsibility. We do not repudiate the natural unity of mankind under Providence.
I don't pretent to be a scholar of any kind. But I do question the Supreme Court Justices on Texas razor wire. Did they use the 10th amendment to reach their decision? It appears to me that they use word "Implied " as their guideline. Trafficking of human beings and illegal drugs is unlawful in which states have jurisdiction to bar from their states (commerce and trade). Who were they trying to satisfy?
It doesn't matter what level of government or judicial appointees you have been appointed or elected, when you denied due process or failed to allow the individual the rights guarantee by the Constitution and the Bill of Rights, you have become a VIGILANTE. Your first paragraph identify all of them,and the judges.
We can and we must. If we want to be a Constitutional Republic . Anything else has been recycled with the same results. ..NO LIFE. LIBERTY AND THE PURSUIT OF HAPPINESS.
Thank you, Steve- here is the comment I just sent you via email for those who might like to see it, dealing with this very troubling Supreme Court order.
1234
Jim George
Member
Jim George @JimGeorge
49 Minutes Ago
Full Size Tabby (View Comment):
The big question is the boundary between the states’ general police powers to maintain public order in their territories and the exclusive jurisdiction of the federal government to control the international borders under the United States Constitution.
Thank you for your very thorough review of this area of the law. Please permit me to raise a few points of disagreement with some of your major premises, with, of course, the utmost of respect, and with a sincere request that if you disagree with some of my conclusions that you will feel more than free to share those disagreements and the basis upon which you hold them.
The question which prompted your comment was:
Freeven (View Comment):
Can anyone point me to a sound, layman-accessible, summary of the Constitutional issues involves here?
Before I wrote my comment #61 above, as I said in opening the comment, I carefully studied the Fifth Circuit opinion by Judge Kyle Duncan and I have re-read it and re-studied it again before starting this discussion. Based on what I read in that opinion, there really is no Constitutional issue presented in that opinion but it involves solely a question of statutory interpretation, i.e., whether the language of 5 USC 706(2)(c) was broad enough to constitute a Congressional waiver of the Sovereign Immunity defense the government would ordinarily have. The District Court recognized that the statute generally does waive such immunity defense but nevertheless held that because it did not “unequivocally” encompass the specifics of Texas’ claim it could not be held to waive this particular claim.
Summarizing the next few pages of the opinion, the Fifth Circuit held that in its interpretation of the statute the language was broad enough to waive the sovereign immunity defense and that the suit should be allowed to continue to argument on the merits. Thus, as they found that Texas had satisfied the factors necessary for an injunction pending appeal, the first of which was whether Texas had a strong likelihood of success on the merits, they granted the injunction pending appeal. This finding, and the fact that it, along with the rest of the Fifth Circuit’s opinion was reversed by the Supreme Court order, was what prompted my comment above. The Court said:
We begin with Texas’s likelihood of success on the merits of itscommon law trespass to chattels claim. For purposes of theTRO, the districtcourt concluded Texas was likely to prevail on this claim.But the court nonetheless deniedTexas’s requested preliminary injunctionbecause it concluded that 5 U.S.C. § 702 did not clearly waive sovereign immunity for claims of this sort. We disagree.Case: 23-50869 Document: 49-2 Page: 7 Date Filed: 12/19/2023
Therefore, if I am correct in my understanding that the issue of the usual broad soverign immunity of the government was not the main point here but that as a matter of statutory interpretation that immunity had been waived by Congress for certain types of cases and this was one of them, there really was no issue of the exclusive jurisdiction of the government over the border. Not to repeat #61 but the reason I find this Order of the Supreme Court so troubling is the message it impliedly sends that one of the most truly conservative Justices, Amy Coney Barrett, thinks, like the District Court, that this statute may as well not even exist and/or that it does not mean what it says. If that is what she thinks then she is clearly not the textualist we were told she is. Please be so kind as to let me have your views on where, or whether, I have gone astray as I am, like all of us, trying to understand this entire puzzling case, not to mention the surreal fact that we have a “President” who simply refuses without consequence to “faithfully execute the laws” of our Nation.
Your comments are right on with wireless communication at your fingertips. For some people, it replaces verbal and close communication. WHY? If you don't like what they say on the device, you turn out or tune out use to be the expression as well as unfriended you. The constant use of wireless devices leads us to the next evolution, implants, the CEO of X has developed a brain chip so it would be easy to incorporate wireless software to the chip and be hacked. All of this reminds me of the UFO program on Aliens. I look at their mouths, a slit of a mouth, I suggest for lack of use. I find it useful for researching and dislike for the ability of people to reach you at anytime of day. So now you can say "Good Bye" to letters. Music as you said is weaning, the true art of music. It's rap today, that has influence every country's culture. I stopped listening to music after rap no longer was a novelty and became mainstream.
What is sunset years? We'll It's the ladder of wisdom, unfortunately it comes with a sacrifice ; old age. But it does have advantages. I'll have to think about that.
Our greatest resource is our children, and we have ASSume the Public School system would take care of our treasure; and we were wrong. From the board of education., school administration and Teacher's Unions all failed to provide the education that would lead to successful careers, instead they filled them with woke BS and political ideology that would destroy our Constitutional Republic. We gave them TRUST and they BETRAYED THE TRUST. We can't let that happen again. These groups must be SUBORDINATE TO WE THE PEOPLE, TRANSPARENCY IS KEY WITH ADMINSTRATORS AT ALL LEVELS OF EDUCATION. TEACHER'S UNIONS MUST STAY IN THEIR LANE. UNDERPREFORMING TEACHERS EITHER COME UP TO STANDARD OR FIRED. THE REALM OF EDUCATION BELONGS TO THE PARENTS, AND THE BOARD OF EDUCATION MUST INCLUDE
PARENTS. SCHOOL CHOICE IS NECESSARY TO INSURE QUALITY
PUBLIC EDUCATION. OUR HISTORY IS IMPORTANT AND CIVIC MUST BE MANDATORY AT ALL LEVELS OF EDUCATION PUBLIC OR PRIVATE.
I am reading your essay. I am not finish reading it. And your comments are very good. I'll let you know more when I get to finish reading it.
We will repair the damage caused by this adminstration and the decades' agenda thrust upon us by the democrats, beginning with COVID (don't let a crisis go to waste). Americans ALL know WE THE PEOPLE Must prevail for the sake of our children our greatest resource, so THEY can have LIFE,LIBERTY AND THE PURSUIT OF HAPPINESS, UNDER A CONSTITUTIONAL REPUBLIC.
When I was on active duty, I would be assigned as the logistics NCO.. My assignments in this field taught me that before I could initiate any actions of my own, I had to look backward at what they have done in the past, the facilities that supported them, and the relationship with the facilities. What does that have to do with our current events?, a lot. Let's start at he beginning, when I forefathers gathered to write the Constitution and Bill of Rights, their experiences
with monarchies and other forms of governments,showed a lack of many of safe guards to protect WE THE PEOPLE. They use COMMON SENSE, what kind of government would I be able to thrive under? But not all those present with our forefathers agreed and looked at modified monarchies and other forms of governments. The majority agreed on a Constitutional Republic, but it created a fifth column. A challenge to the Constitutional Republic came in the Civil War. The defeat of the confederate states taught them that the country was too large for a revolt. Opposition experimented with segregation then with Civil Legislation under Johnson. It destroyed black families and others in the poverty level. Lessons learn by the opposition was that the key to their agenda is dismantling the Constitution Republic under the guise of rights and entitlements, invading institutions and government bureaucracies piece by piece. Politically, they had to promise much and give little blaming the other party and promising it will get better.....with a long time line. But they had to rid themselves of the moderates within their mist, looking to the far left, progressive parties and others.But it does have unintended consequences, the democratic party leadership, are barely able to control the agenda and have had to capitulate to leftists and others agendas. What's next? So far the actions against Trump have backfired, only increase his popularity and WE THE PEOPLE have awaken!
After this Guilty verdict from the Kangaroo Court, guided a hideous clown on the bench, it should be apparent that this was a POLITICAL HIT JOB. WE THE PEOPLE will show our anger at the ballot box. I would strongly recommend that career politicians and those who trample on our constitution and bill of rights and the flag, retired NOW. This episode under this adminstration, needs to be included in our Civics and American History to include how this ever had happen. WE THE PEOPLE MUST DIG DEEPLY INTO OUR ELECTED OFFICIALS BACKGROUND, WE THE PEOPLE MUST ENSURE THAT THE AGENDAS OF DONORS, SPECIAL INTEREST GROUPS, LOBBYISTS AND COHORTS , OR STATE LOBBYISTS NOT ADDED TO FISCAL OR REGULATORY LEGISLATION. WE DO THAT BY ENACTING A SPECIAL SESSION.
THIS SESSION WILL SCREEN THEIR "ADDITION" TO FISCAL AND REGULATORY ISSUES. THEIR "ISSUES " MUST BENEFIT ALL THE PEOPLE. STATE LOBBYISTS MUST GO TO THEIR STATES TO ARGUE THEIR CASE TO HAVE THEIR "SUGGESTIONS " INCLUDED IN THE STATE BUDGET
The Biden administration and his wood rot party are attempting to handicap Israeli forces from eliminating the last stronghold of Hamas. Biden has put a hold on strategic weapons use by the IDF to eliminate as much as possible civilian casualties. It is apparent that the Biden Adminstration and their supporters have a different version of Hamas. Hamas terrorists groups wanted to destroy Israel and its people from the face of the earth. Biden and his cohorts want to destroy From WITHIN,
the Constitutional Republic, the Constitution and Bill of Rights , customs and traditions that has made our country great. Where as the terrorists have built tunnels and stored munitions and created command posts in densely population area, the democrats and their fringe groups had "tunneled" into our education systems, judiciary system, bureaucracy, legislative body, at the federal,state and local levels FOR DECADES. But now our citizens are waking up to the dangers, showing their distaste by changing their party affiliation and the popularity of the 45th president at his rallies.
The next phase for the democrats, inserting legislation that would give a minority party power to stall any legislation by the majority party. "Dick"Durbin has a Blue Light legislation he will attempt to have pass, to give the democratic party party, that ability to stall ANY legislation by a Republican President.
Here is an excepts from Law by Frederick Bastiat's book on Law and Morals: WE repudiate ONLY FORCE fraternity; not true fraternity. We repudiate the ARTIFICIAL unity that does nothing more than deprive persons of individual responsibility. We do not repudiate the natural unity of mankind under Providence.
Today Biden give the State of Dis-Union Speech. Wlii it be the shortest on record ( he doesn't want to get in trouble), or pre-recorded?
I don't pretent to be a scholar of any kind. But I do question the Supreme Court Justices on Texas razor wire. Did they use the 10th amendment to reach their decision? It appears to me that they use word "Implied " as their guideline. Trafficking of human beings and illegal drugs is unlawful in which states have jurisdiction to bar from their states (commerce and trade). Who were they trying to satisfy?
It doesn't matter what level of government or judicial appointees you have been appointed or elected, when you denied due process or failed to allow the individual the rights guarantee by the Constitution and the Bill of Rights, you have become a VIGILANTE. Your first paragraph identify all of them,and the judges.
We can and we must. If we want to be a Constitutional Republic . Anything else has been recycled with the same results. ..NO LIFE. LIBERTY AND THE PURSUIT OF HAPPINESS.