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U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

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Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#451
post #381
post #295

Earlier quoted context omitted.

>The courts aren’t there to set law, that is for the legislature I hate this meme. This is explicitly not true in the American legal system, as well as similar systems evolved from the British one. Case law is just as much part of the law as statutes are. This is the fundamental difference between common law systems and civil law systems. https://en.wikipedia.org/wiki/Common_law#Common_law_legal_sy...

Isn't the difference here that Federal courts can't create law, only rule on constitutional matters. Common law (state and local courts) can create "laws". There are some exceptions to this where federal laws have likely overreached the framers intentions, and then federal courts had to rule on a matter pertaining to that law.

The federal courts can create law solely because overruling them is nigh impossible. The Supreme Court exists to rule on constitutional matters, but it is merely the final arbiter and uses that to its advantage based on case law they made for themselves.

Overruling the Supreme Court requires a constitutional amendment and this won't happen, and the court rarely does something untenable or an impossible outcome for a functioning society as it wants compliance. It tries to match a partial collective conscious understanding of a topic.

When it does act as fill-in legislature, Congress/Legislatures are capable of simply changing the law it ruled on, such as repealing the legal framework supporting enforcement agency.

The courts can also overrule itself in a future court case.

(The Supreme Court exists by the constitution, the other federal courts are created by congress and have a path to the supreme court.)

Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#452

Earlier quoted context omitted.

>Anyone can become President Somewhat irritatingly, I (and a large number of other American Citizens) cannot ever become president because we were not citizens at birth.

I wasn't aiming for absolute technical accuracy and don't think it was expected. I'm well aware of the specific technical limitations related to age, time living in the US, and citizenship requirements. I'll not argue as to the correctness or morality of such a requirement.

>I wasn't aiming for absolute technical accuracy and don't think it was expected.

I understand. It's just something that is frustrating. Having two classes of citizenship is something that affects many parts of life, especially if you decide on a career doing anything that requires a security clearance.

Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#453

Earlier quoted context omitted.

The problem is one of semantics. Law is an ambiguous term and commentators have different interpretations --let's appreciate the irony for a second.

Ha, good point. It's worth knowing the difference between law and statute...

"I say I say I say: Statutory law is not law". This kind of negativity is questionable.

Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#454

Earlier quoted context omitted.

I wasn't aiming for absolute technical accuracy and don't think it was expected. I'm well aware of the specific technical limitations related to age, time living in the US, and citizenship requirements. I'll not argue as to the correctness or morality of such a requirement.

>I wasn't aiming for absolute technical accuracy and don't think it was expected. I understand. It's just something that is frustrating. Having two classes of citizenship is something that affects many parts of life, especially if you decide on a career doing anything that requires a security clearance.

We have more than two classes.

Ask anyone "convicted" of a felony. "Accused" of a mental disorder.

I put the scare quotes because most convictions are plea bargains that the accused are bullied into by prosecutors and police stacking and inflating charges and the overall lack of competent and affordable legal representation.

Laws are being passed now that permit the suspension of constitutional rights without due process if you are accused of or ever seek help for many mental disorders.

Sensationalistic fear of the 'boogeyman' has destroyed many of our political processes.

Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#455
post #107

Earlier quoted context omitted.

The landlord is supposed to proceed with eviction if a crime occurs on their property. The police will even tell the landlord that if they don't evict, they will seize the house under "nuisance laws".

Which is insane, because the police shouldn't be putting people in harm's way by pushing them to piss off drug dealers who have the keys to their homes!

The Sheriff's Office can be requested to serve evictions that might not go easy.

Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#456

Earlier quoted context omitted.

I find this argument a bit weak. Ratification of an amendment is a big process and I find it hard to believe that no-one realized the implications of the 14th amendment beyond it's impact on former slaves. People realized the implications, and went forward with the text anyhow. Otherwise, you have to assume that everyone involved was just completely ignorant to the implications of the text written as is, which is a c…

The 13th, 14, and 15th amendments were specifically written for the special case of newly frees slaves. The 14th amendment was ratified in 1868. The total population of the US in 1870 was around 38 million. The total number of immigrants was around 2 million. The slave population was around 5 million. The implications of the 14th amendment are clear today and they may even have been clear then. Nevertheless the most…

It is an assumption of ignorance on a massive and universal scale that is beyond reasonable. There is too many people involved to assume this was not considered. It's the same problem as assuming the moon landing was faked. The position that noone involved considered birthright centizenship beyond slavery is ludicrous. All those state legislatures, all those senators, all those house representatives, all their staffs plus the best legal minds available to the office of the president and your claim is not a single one of them realized birthright citizenship would apply to people who weren't former slaves? That is a ludicrous amount of doubt in human imagination.

EDIT: In fact in 1860, the us census measured 4.1 million people not born in the United States. Is your claim honestly that while the census actively measured this, not a single person realized what birthright citizenship would mean for the children of those 4.1 million non-natives?

Re: U.S. Supreme Court Puts Limits on Police Power to Seize Private Property

#457

Earlier quoted context omitted.

>Anyone can become President Somewhat irritatingly, I (and a large number of other American Citizens) cannot ever become president because we were not citizens at birth.

I wasn't aiming for absolute technical accuracy and don't think it was expected. I'm well aware of the specific technical limitations related to age, time living in the US, and citizenship requirements. I'll not argue as to the correctness or morality of such a requirement.

Except Obama, he's special and got to have two passports.

Many US elected officials and bureaucrats have Israeli passports, fwiw.

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