A couple of days ago. I made some comments and defended Alan Dershowitiz. I really starting to come around to Alan way of thinking, and while it may not always be practical to do what Alan advocates, it would much more just and in many way simpler country if we just obeyed the Constitution.
Alan was on AC360. He made two main points, first under Article 2. “he shall take care that the laws be faithfully executed,” the president has the absolute authority to reverse the decision to prosecute everyone entering the country illegally. Trump is being hypocritical making all the claims that he (and Alan says himself) have argued that has to fire, pardon etc and then not think child separation situation is entirely his decision.
Second, and most importantly we are depriving both children and their parents of their civil liberties. Expanding his argument. Under the 14th Amendment, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Means even non-citizen in the US have rights. Under the 5th and 6th amendment they are entitled to due process and a speedy trial.
This render gman’s arguments about the incentives to commit a misdemeanor to remain in the US, a moot. It also makes my and others handwringing about the immortality equally moot. The only question is a simple one: are we depriving these people of property and liberty without due process? The answer is hell yes, being locked up for more than a week, without seeing a judge is unconstitutional. If Trump administration’s lack of planning and/or Congress lack of funding means there aren’t enough judges, prosecuting attorney’s,and public defenders. Then the President is failing to faithful execute the laws , and that’s tough shit for the government. If some of these people don’t show up (they do have ankle bracelets so it’s not that big of a risk) for their asylum hearing and escape into “interior of the US”. The law of the land requires we follow the constitution and that Trumps (pun intended) making red-state folks feel safe that we’ve kept those dirty brown, drug dealing, murdering, rapist out of the country.
I really think if we faithful protected everyone’s civil liberties (even Paul Manaforts) we’d be so much better off.