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StrongBad

(2,100 posts)
Thu Sep 3, 2015, 04:04 PM Sep 2015

Why is it ok to selectively choose what laws to enforce?

Last edited Thu Sep 3, 2015, 05:31 PM - Edit history (1)

I laud and approve of the judge's decision to have the Kentucky clerk sent to jail for breaking the law.

However, it brought up a question in my mind that I haven't been able to formulate a reasonable answer to.

It is just as illegal to enter this country without properly going through the established immigration procedures.

Yet, the vast majority of people on this board don't advocate applying the same standard to this law which is being violated.

If we are going to proclaim ourselves to be a nation of laws, to be taken seriously don't we need to enforce all laws and not just some based on what we feel like?

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Why is it ok to selectively choose what laws to enforce? (Original Post) StrongBad Sep 2015 OP
Entering the country without documentation is not a crime nichomachus Sep 2015 #1
Nice try my friend. StrongBad Sep 2015 #3
Here's a link just for you StrongBad Sep 2015 #4
The laws in that link are being enforced every day arcane1 Sep 2015 #40
So why do people get up in arms with talk to enforce the law to a greater degree? StrongBad Sep 2015 #67
Ask them n/t arcane1 Sep 2015 #68
No human should ever be considered "illegal." ananda Sep 2015 #41
are they legally in the country or not? that is what was meant still_one Sep 2015 #65
Semantics StrongBad Sep 2015 #66
And TeddyR Sep 2015 #2
If I eat an apple for breakfast, why shouldn't I eat apple pie for dinner? geek tragedy Sep 2015 #5
But both require punishment by law (including jail time) if violated StrongBad Sep 2015 #6
they do not 'require' punishment. Stop getting your information from this guy: geek tragedy Sep 2015 #10
A link just for you. StrongBad Sep 2015 #12
I can understand your glee in thinking you've found your silver bullet geek tragedy Sep 2015 #15
It is indeed a civil crime to be enforced by deportation StrongBad Sep 2015 #95
"civil crime" geek tragedy Sep 2015 #98
Fine pedant. Civil offense StrongBad Sep 2015 #99
You seem to be missing an important point jberryhill Sep 2015 #7
Not enforcing laws violates the rights of people who live in a society of law. StrongBad Sep 2015 #8
No it does not, and you clearly do not understand how law works jberryhill Sep 2015 #17
No argument from me there, but the state does have power to enforce violations against itself. StrongBad Sep 2015 #22
Sometimes it's a matter of resources. RichVRichV Sep 2015 #111
Would you prefer boxcars or labor camps for people caught illegally crossing the border? geek tragedy Sep 2015 #18
Sending them back to their home country is enforcing the law, which is fine. StrongBad Sep 2015 #23
That's what is being done already. If they get caught illegally crossing the border, they geek tragedy Sep 2015 #25
The whole topic of this convo is regarding how most ppl here don't think that's a good thing. StrongBad Sep 2015 #43
Are you saying this topic is that if we accept 1 law as good, we should accept them all as good? uppityperson Sep 2015 #48
No, but we should accept them all as the law... StrongBad Sep 2015 #64
Accept bad laws as law and don't oppose more resources being diverted to their enforcement? uppityperson Sep 2015 #69
Not exactly StrongBad Sep 2015 #77
you seem to be changing what you are saying. uppityperson Sep 2015 #80
Ok if you want to be pedantic, the latter version is a better expressed version of my position. StrongBad Sep 2015 #82
just trying to be clear and understand since there is a big difference, not minor details between uppityperson Sep 2015 #90
No it doesn't. That's a silly assertion. fishwax Sep 2015 #75
Now prove standing... NutmegYankee Sep 2015 #78
The Republican Party is over there, to the right, next to those idiots in the tricorn hats. Maedhros Sep 2015 #9
Not an argument StrongBad Sep 2015 #11
Because there are good laws and bad laws. nt dumbcat Sep 2015 #13
And you're saying it's up to the individual to make that judgement call? StrongBad Sep 2015 #16
You are free to test that theory to your heart's content jberryhill Sep 2015 #19
Illegal entry is a violation of the state, not indiviual. StrongBad Sep 2015 #24
Your question sort of answers itself... jberryhill Sep 2015 #34
True, the gov't doesn't HAVE to enforce every violation of law to the letter. StrongBad Sep 2015 #71
Have at it dumbcat Sep 2015 #26
I'm curious if people who support the president, governors and mayors exercising their discretion branford Sep 2015 #29
I think I know the answer to your question dumbcat Sep 2015 #33
Unless you're an elected executive, both our opinions don't really matter. branford Sep 2015 #47
Oh, hey! geek tragedy Sep 2015 #42
I never left. branford Sep 2015 #49
prosecutorial discretion is a necessity. geek tragedy Sep 2015 #52
I understand and agree with the necessity of prosecutorial discretion, branford Sep 2015 #70
such broad discretion exists only in the face of Congressional abdication. geek tragedy Sep 2015 #76
While that may be true, the President gains no greater authority branford Sep 2015 #101
I don't think it is possible to enforce all of the laws on the books. Make7 Sep 2015 #14
Please show me an example of a judge or ICE agent refusing to enforce immigration law. KamaAina Sep 2015 #20
I can't, because that's not the topic of my query StrongBad Sep 2015 #27
this isn't a prosecution, genius, it's contempt of court. geek tragedy Sep 2015 #30
And contempt of court is a violation of law, as is being in the country illegally. StrongBad Sep 2015 #31
No, you simply have no idea what you're talking about, as is the case with most Trump-loving geek tragedy Sep 2015 #37
Correct, it is a civil offense, which according to civil law has penalty of deportation. StrongBad Sep 2015 #39
So, effectively you're whining that all 11 million undocumented immigrants aren't being rounded geek tragedy Sep 2015 #45
Hypothetically, if there were 11 million clerks not performing their duties... StrongBad Sep 2015 #51
so this is what it's like to debate birthers nt geek tragedy Sep 2015 #53
Pretty much, yeah jberryhill Sep 2015 #57
Not an argument. StrongBad Sep 2015 #58
No, but it's a fact. PeaceNikki Sep 2015 #59
Many police departments are refusing to enforce gun control laws branford Sep 2015 #56
yes, they have the discretion to look for rapists and murderers rather than stopping geek tragedy Sep 2015 #61
We are then in agreement, although I imagine others here might not be as ideologically consistent.nt branford Sep 2015 #73
What a fucking stupid comparison. PeaceNikki Sep 2015 #21
Did you post in the wrong thread? StrongBad Sep 2015 #32
Did you reply to the wrong reply in this thread? It's a stupid fucking comparison. PeaceNikki Sep 2015 #35
Please explain why it's ok to enforce some laws and not others. StrongBad Sep 2015 #46
No. Because immigration laws ARE being enforced every goddamn day. PeaceNikki Sep 2015 #50
They do seem upset when people talk about diverting more resources to support the laws enforcement. StrongBad Sep 2015 #62
"They"? You mean Democrats? You use "they" because you're not part of that group, right? PeaceNikki Sep 2015 #72
No, I'm not part of the group of hypocrites. Thanks for asking. StrongBad Sep 2015 #81
Are you a Democrat? PeaceNikki Sep 2015 #84
Yeah see elsewhere on this thread. I've been on this board for 12 years and have voted Dem since2000 StrongBad Sep 2015 #86
Your contention is that those who disagree with you are hypocrites. PeaceNikki Sep 2015 #89
It is hypocritical to want enforcement of some laws and not others. StrongBad Sep 2015 #91
Nope. PeaceNikki Sep 2015 #92
No, it isn't hypocritical at all fishwax Sep 2015 #96
Yes but civil disobedience implies that you are knowingly breaking the law and expect punishment StrongBad Sep 2015 #97
it doesn't mean (as a supporter, rather than a practitioner) that you expect/desire enforcement fishwax Sep 2015 #100
This ^ PeaceNikki Sep 2015 #109
it's make "we" Democrats Facility Inspector Sep 2015 #87
This thread is amusing LittleBlue Sep 2015 #28
Thank you. StrongBad Sep 2015 #36
I agree with you and understand what you're saying. Keep in mind though, we, as a society, have ... BlueJazz Sep 2015 #79
RW nonsense. Sell it elsewhere. JoePhilly Sep 2015 #38
Not an argument. StrongBad Sep 2015 #83
The immigration laws ARE enforced.... steve2470 Sep 2015 #44
It's obviously a question of practicality and right and wrong. joshcryer Sep 2015 #54
+1 nt steve2470 Sep 2015 #60
Some laws exist for bad or stupid reasons, some for good reasons, and some just exist. Erich Bloodaxe BSN Sep 2015 #55
And who is the arbiter of what is an acceptable law? StrongBad Sep 2015 #93
Sure you can! Erich Bloodaxe BSN Sep 2015 #114
Erich has pretty much hit the nail on the head here discntnt_irny_srcsm Sep 2015 #115
Cause requiring someone on foot with a lantern preceed each car One_Life_To_Give Sep 2015 #63
Because we're not robots. randome Sep 2015 #74
Cool, I'm gonna use that defense next time I break the law. StrongBad Sep 2015 #88
This is a case of a governmental official refusing to perform their governmental function for prayin4rain Sep 2015 #85
Do you think the federal government should enforce marijuana laws B Calm Sep 2015 #94
or laws concerning gun control, protecting abortion clinics and other civil rights, etc. branford Sep 2015 #102
I recommend we impeach her and subsequently fire her rock Sep 2015 #103
I'm pretty sure that the whole issue is that she can't be fired. StrongBad Sep 2015 #104
Ironically, she's a Democrat, and her removal would mean branford Sep 2015 #106
I LOVE how this lady getting thrown in jail has caused an uproar among the ignorant fundies! Rex Sep 2015 #105
I am in complete agreement with you. StrongBad Sep 2015 #107
Oh were we staying on topic? I noticed you are all over the place as are others in this thread. Rex Sep 2015 #108
You're asking the wrong person. I don't know much about that issue. StrongBad Sep 2015 #110
Check it out, you will be surprised at how relaxed they are about illegal gerrymandering. Rex Sep 2015 #112
It happens all the time gratuitous Sep 2015 #113

nichomachus

(12,754 posts)
1. Entering the country without documentation is not a crime
Thu Sep 3, 2015, 04:07 PM
Sep 2015

It's an administrative matter. People who don't have papers are not "illegal." They are not criminals. They are undocumented. That's all.

But thanks for playing.

 

StrongBad

(2,100 posts)
3. Nice try my friend.
Thu Sep 3, 2015, 04:09 PM
Sep 2015

Section 1325 in Title 8 of the United States Code, "Improper entry of alien", provides for a fine, imprisonment, or both for any noncitizen who

enters or attempts to enter the United States at any time or place other than as designated by immigration agents, or
eludes examination or inspection by immigration agents, or
attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.

Try again.

 

arcane1

(38,613 posts)
40. The laws in that link are being enforced every day
Thu Sep 3, 2015, 04:44 PM
Sep 2015

If they are catching people sneaking across the border and not stopping them, that's news to me!

ananda

(35,141 posts)
41. No human should ever be considered "illegal."
Thu Sep 3, 2015, 04:44 PM
Sep 2015

That is just wrong on so many levels to think of another
as "illegal."

Undocumented .. OK.

 

TeddyR

(2,493 posts)
2. And
Thu Sep 3, 2015, 04:07 PM
Sep 2015

Prior to the Supreme Court's decision on same-sex marriage many states -- and the United States -- declined to enforce laws that banned same-sex marriage.

 

geek tragedy

(68,868 posts)
5. If I eat an apple for breakfast, why shouldn't I eat apple pie for dinner?
Thu Sep 3, 2015, 04:11 PM
Sep 2015

Contempt of court is different than not having immigration papers.

 

StrongBad

(2,100 posts)
6. But both require punishment by law (including jail time) if violated
Thu Sep 3, 2015, 04:13 PM
Sep 2015

Why are only some violations of law being enforced?

https://www.law.cornell.edu/uscode/text/8/1325

 

geek tragedy

(68,868 posts)
15. I can understand your glee in thinking you've found your silver bullet
Thu Sep 3, 2015, 04:24 PM
Sep 2015

to prove TRUMP IS RIGHT DEPORT ALL THE ILLEGALZ ERMIGOD MAKE AMERICA GREAT FOR REAL WHITE AMERICANS.

But, you and your fellow xenophobes are full of shit.

Yes, if you bust someone crossing the border illegally, you can charge them with a crime. But most often they just repatriate them since it's a really awful way to use scarce enforcement resources to jail and prosecute them.

But, illegal presence is not a crime.

 

StrongBad

(2,100 posts)
95. It is indeed a civil crime to be enforced by deportation
Thu Sep 3, 2015, 05:35 PM
Sep 2015

Classes of Deportable Aliens

Any alien that is in the United States may be subject to deportation or removal if he or she:

Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;

Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;

Violated nonimmigrant status or a condition of entry into the U.S.;

Terminated a conditional permanent residence;

Encouraged or aided any other alien to enter the U.S. illegally;

Engaged in marriage fraud to gain admission to the U.S.;

Was convicted of certain criminal offenses;

Failed to register or falsified documents relating to entry in to the U.S.;

Engaged in any activity that endangers public safety or creates a risk of national security; or

Engaged in unlawful voting.

- See more at: http://immigration.findlaw.com/deportation-removal/deportation.html#sthash.RuFZ07G4.dpuf

 

geek tragedy

(68,868 posts)
98. "civil crime"
Thu Sep 3, 2015, 05:39 PM
Sep 2015

Oy.

Now I know how Donald Trump is doing so well in the polls.

Last word is yours.

 

StrongBad

(2,100 posts)
99. Fine pedant. Civil offense
Thu Sep 3, 2015, 05:42 PM
Sep 2015

Way to employ the time honored trick of diverting attention from the fact that you're getting destroyed factually and logically by focusing on a minor quibble in definition.

 

jberryhill

(62,444 posts)
7. You seem to be missing an important point
Thu Sep 3, 2015, 04:13 PM
Sep 2015

The KY clerk's refusal was an infringement of other people's rights.

Not enforcing a criminal law against someone is not an infringement of anyone's rights. That's the normal exercise of prosecutorial discretion.
 

jberryhill

(62,444 posts)
17. No it does not, and you clearly do not understand how law works
Thu Sep 3, 2015, 04:24 PM
Sep 2015

This clerk has not been punished for any criminal act at all.

What we have here is a civil rights lawsuit brought by private parties against the clerk for violation of their rights. The court ordered the clerk to allow her office to issue marriage licenses. The clerk refused that court order, and she is in custody for contempt until she agrees to follow the order and allow her deputies to issue licenses, resigns, or her term expires.

If my neighbor commits a crime of some kind, and is not prosecuted for it. That is not a violation of my civil rights whatsoever.

You do not have an individual right to the enforcement of criminal laws against other people. You can sue any individual who injures you, and you can sue a public official who violates YOUR rights.

Your argument reflects a juvenile understanding of individual rights and law.

 

StrongBad

(2,100 posts)
22. No argument from me there, but the state does have power to enforce violations against itself.
Thu Sep 3, 2015, 04:29 PM
Sep 2015

And breaking the law even if it does not violate personal rights, can violate the ordinances of the state, and the state does have the right to put laws on the books and enforce them.

So, if there are laws on the books, and they are violated, why are some ok to enforce and others not? It doesn't matter that one is a violation of the state and the other of the individual. They are still laws and need to be enforced or changed.

RichVRichV

(885 posts)
111. Sometimes it's a matter of resources.
Thu Sep 3, 2015, 06:35 PM
Sep 2015

Law enforcement doesn't have unlimited resources to enforce all laws. Plus some laws (especially on local level) are down right rediculous. I read on here a while back where a town or county went through and cleared a bunch of really old unenforced laws out, such as spitting in public or a man not tipping his hat to a woman.


It's easy to say enforce or change the laws but those are handled by completely different branches. The executive branch is responsible for enforcing laws and the legislative branch is responsible for changing them. Getting those two to coordinate can be impossible at times, as I'm sure you're aware.


As was pointed out, in a world of limited resources, violations that harm others get priortized over violations that don't.

 

geek tragedy

(68,868 posts)
18. Would you prefer boxcars or labor camps for people caught illegally crossing the border?
Thu Sep 3, 2015, 04:26 PM
Sep 2015

And why is that preferable to just sending them back to their home country?

 

StrongBad

(2,100 posts)
23. Sending them back to their home country is enforcing the law, which is fine.
Thu Sep 3, 2015, 04:31 PM
Sep 2015

No problems there.

 

geek tragedy

(68,868 posts)
25. That's what is being done already. If they get caught illegally crossing the border, they
Thu Sep 3, 2015, 04:33 PM
Sep 2015

get sent back.

So you admit that the law is being enforced.

 

StrongBad

(2,100 posts)
43. The whole topic of this convo is regarding how most ppl here don't think that's a good thing.
Thu Sep 3, 2015, 04:45 PM
Sep 2015

uppityperson

(116,020 posts)
48. Are you saying this topic is that if we accept 1 law as good, we should accept them all as good?
Thu Sep 3, 2015, 04:48 PM
Sep 2015
 

StrongBad

(2,100 posts)
64. No, but we should accept them all as the law...
Thu Sep 3, 2015, 04:58 PM
Sep 2015

...and shouldn't be opposed to more resources being diverted to their enforcement.

Now if you don't agree with the law, you can work to change it, but that's a whole other story.

uppityperson

(116,020 posts)
69. Accept bad laws as law and don't oppose more resources being diverted to their enforcement?
Thu Sep 3, 2015, 05:01 PM
Sep 2015

It's ok, in your opinion, to work to change bad laws, but in the meantime don't oppose more resources being diverted to their enforcement?

Is this what you are saying. I am trying to clarify what you mean, thank you.

 

StrongBad

(2,100 posts)
77. Not exactly
Thu Sep 3, 2015, 05:06 PM
Sep 2015

If you accept a law is a law, you should accept that violators will be prosecuted and resources will be diverted to said prosecution.

But if you don't like that law, you're free to try and change it.

uppityperson

(116,020 posts)
80. you seem to be changing what you are saying.
Thu Sep 3, 2015, 05:09 PM
Sep 2015

"shouldn't be opposed to more resources being diverted to their enforcement"
And now
" should accept that violators will be prosecuted and resources will be diverted to said prosecution"

 

StrongBad

(2,100 posts)
82. Ok if you want to be pedantic, the latter version is a better expressed version of my position.
Thu Sep 3, 2015, 05:14 PM
Sep 2015

uppityperson

(116,020 posts)
90. just trying to be clear and understand since there is a big difference, not minor details between
Thu Sep 3, 2015, 05:24 PM
Sep 2015

these.

"shouldn't be opposed to more resources being diverted to their enforcement"
vs
" should accept that violators will be prosecuted and resources will be diverted to said prosecution" .

I accept that people who break the law may be prosecuted. I oppose more resources being diverted to unjust laws.

 

Maedhros

(10,007 posts)
9. The Republican Party is over there, to the right, next to those idiots in the tricorn hats.
Thu Sep 3, 2015, 04:16 PM
Sep 2015

I think you may be lost.

/bye.

 

StrongBad

(2,100 posts)
16. And you're saying it's up to the individual to make that judgement call?
Thu Sep 3, 2015, 04:24 PM
Sep 2015

Sounds like a recipe for societal breakdown.

I think I'll go murder someone today because I think it's a "bad law". Thanks for giving me clearance!

 

jberryhill

(62,444 posts)
19. You are free to test that theory to your heart's content
Thu Sep 3, 2015, 04:26 PM
Sep 2015

It will, however, be up to the prosecutor in your area whether your case is worth prosecuting. In all likelihood, if there is sufficient evidence to convict, then you will be prosecuted.

You are making a false analogy.

The proceeding here is a civil suit brought by the plaintiffs against a public official who has violated their rights. It has nothing whatsoever to do with enforcement of any criminal law whatsoever.

 

StrongBad

(2,100 posts)
24. Illegal entry is a violation of the state, not indiviual.
Thu Sep 3, 2015, 04:33 PM
Sep 2015

The state is a legal entity that is allowed to draft and enforce laws on behalf of itself. So, why should they not be enforced just like laws guiding individual rights?

 

jberryhill

(62,444 posts)
34. Your question sort of answers itself...
Thu Sep 3, 2015, 04:39 PM
Sep 2015

If someone does something to me, I can decide whether to sue them or not. I am not compelled to do so. Even using your broken analogy, there is no affirmative obligation on the part of the government to prosecute every criminal. In the private context, there is no affirmative obligation on your part to sue everyone against whom you may have a cause of action.

Again, you don't seem to understand the doctrine of prosecutorial discretion.

What happened today in Kentucky was not an enforcement of a criminal law. It was enforcement of a court order against a specific individual in a civil case. So, it's not at all clear what point you are attempting to make.

 

StrongBad

(2,100 posts)
71. True, the gov't doesn't HAVE to enforce every violation of law to the letter.
Thu Sep 3, 2015, 05:01 PM
Sep 2015

Last edited Thu Sep 3, 2015, 05:33 PM - Edit history (1)

But the point of this convo is to figure out why some find it so reprehensible if it does?

 

branford

(4,462 posts)
29. I'm curious if people who support the president, governors and mayors exercising their discretion
Thu Sep 3, 2015, 04:34 PM
Sep 2015

to enforce certain immigration laws also support the many sheriffs and police departments who refuse to enforce certain gun control regulations like those in New York.

Simply, who decides which laws are "good" and "bad?" I certainly have my preferences, and they are likely shared by you and most others here in DU. However, it's rarely a true matter of ideological consistency concerning the nature of governance, and when we next have a Republican president, I anticipate the posts on DU will look much different than today.

dumbcat

(2,160 posts)
33. I think I know the answer to your question
Thu Sep 3, 2015, 04:38 PM
Sep 2015

and I agree with your anticipation.

I will decide for me. Others may decide for themselves.

 

branford

(4,462 posts)
47. Unless you're an elected executive, both our opinions don't really matter.
Thu Sep 3, 2015, 04:48 PM
Sep 2015

However, if we concede that our leaders can pick and choose what laws deserve enforcement, rather than seeking the repeal or amendment of "bad" laws, we shouldn't be surprised when our opposition inevitably does the same.

For instance, could you imagine the reaction if a Republican president decided not to enforce federal laws protecting abortion clinics in order to purportedly stop the "murder" of "children?" While I would be saddened and enraged at such a policy, I would not be surprised and have little intellectual recourse challenge such authority. The "slippery slope" is a very dangerous thing in politics.

 

geek tragedy

(68,868 posts)
42. Oh, hey!
Thu Sep 3, 2015, 04:45 PM
Sep 2015

You finally resurfaced!

http://www.democraticunderground.com/?com=view_post&forum=1134&pid=93286

Let's discuss it after Bibi's speech when, as before, I expect Pelosi

will have given numerous standing ovations to Bibi, as will virtually all other Congressman and Senators.

If you've read other articles, Pelosi also primarily complains that Boehner did not coordinate Bibi's trip with the White House, rather than objecting to trip and speech itself, and she took her time to issue any statements, probably because the White House had to plead their case to avoid further embarrassment.

In any event, speech or no speech, neither Pelosi, Obama or any other notable Democrat has taken the less than unequivocal pro-Israel positions espoused you and others in this thread and sub-forum.


http://www.democraticunderground.com/?com=view_post&forum=1134&pid=93291

Obama is trying to save face, and I actually agree that he should not meet

with Bibi so close to Israeli elections.

Are you also seriously suggesting that Pelosi will not warmly welcome Bibi once he arrives and congratulate him on his speech? Pelosi, probably due to pleading from the White House, is simply engaged in some damage control for the president.

Bibi doesn't need to meet with Obama, as his speech will be sufficiently newsworthy by itself. However, the absence of a presidential meeting will no doubt be part of story, and give it greater prominence in the news cycle.

Most importantly, what other major elected Democrats have complained about the speech, and can you cite to anything that demonstrates that Pelosi's extremely strong pro-Israel bona fides are now in doubt and she's adopting even a sliver of your viewpoint?

If your great victory on this matter is highlighting how Pelosi would have preferred Boehner and Bibi to have coordinated with the White House, effectively so Democrats could have received as much positive political pr as the Republicans, I can assure you that I and the majority of pro-Israel Americans, including a majority of Democrats, will sleep soundly.



 

geek tragedy

(68,868 posts)
52. prosecutorial discretion is a necessity.
Thu Sep 3, 2015, 04:51 PM
Sep 2015

arresting terrorists is a higher priority than arresting medical marijuana users, for example.

Presumably you, unlike some posting in this thread, are smart enough to realize that.

 

branford

(4,462 posts)
70. I understand and agree with the necessity of prosecutorial discretion,
Thu Sep 3, 2015, 05:01 PM
Sep 2015

and agree with the president's current immigration policy decisions. We are not generally in disagreement about this matter.

However, I acknowledge that such broad exercise of such discretion, with tremendous national political and social implications, will inevitably and unsurprisingly justify politicians we both loathe refusing to enforce laws we believe are essential to progressive ideals.

 

geek tragedy

(68,868 posts)
76. such broad discretion exists only in the face of Congressional abdication.
Thu Sep 3, 2015, 05:06 PM
Sep 2015

in the case of immigration, congress has refused to authorize sufficient resources to enforce and implement the laws on the books

 

branford

(4,462 posts)
101. While that may be true, the President gains no greater authority
Thu Sep 3, 2015, 05:59 PM
Sep 2015

or discretion if Congress chooses not to act according to his (or our) wishes. In fact, the president's reasons for exercising his discretion are largely irrelevant as a matter of law (although issues do exist as indicated by the district court injunction staying much of the president's policy on undocumented immigrants who came here as children), and it will sadly be the same for conservative executives in the country.

Make7

(8,550 posts)
14. I don't think it is possible to enforce all of the laws on the books.
Thu Sep 3, 2015, 04:23 PM
Sep 2015
https://www.legalzoom.com/articles/top-craziest-laws-still-on-the-books

"... in Memphis, Tennessee, women can't drive a car unless there is a man with a red flag in front of the car warning the other people on the road."
 

KamaAina

(78,249 posts)
20. Please show me an example of a judge or ICE agent refusing to enforce immigration law.
Thu Sep 3, 2015, 04:28 PM
Sep 2015

Until then...

 

StrongBad

(2,100 posts)
27. I can't, because that's not the topic of my query
Thu Sep 3, 2015, 04:34 PM
Sep 2015

The issue at hand is why are we advocating as a party (in general) that it's ok to prosecute some violations of law and not others?

 

geek tragedy

(68,868 posts)
30. this isn't a prosecution, genius, it's contempt of court.
Thu Sep 3, 2015, 04:36 PM
Sep 2015

Learn your basic legal concepts before making trying to make idiotic arguments like this

 

StrongBad

(2,100 posts)
31. And contempt of court is a violation of law, as is being in the country illegally.
Thu Sep 3, 2015, 04:38 PM
Sep 2015

My concepts are in line. Thanks for your concern and your funny attempt at the mental gymnastics required to accept this cognitive dissonance.

 

geek tragedy

(68,868 posts)
37. No, you simply have no idea what you're talking about, as is the case with most Trump-loving
Thu Sep 3, 2015, 04:40 PM
Sep 2015

xenophobes.

And contempt of court is a violation of law, as is being in the country illegally.


"being in the country illegally" is not a criminal offense. If you are not intelligent enough to understand the difference between an act being criminal and a status being a crime, you really should recuse yourself from discussing anything other than the weather.

 

StrongBad

(2,100 posts)
39. Correct, it is a civil offense, which according to civil law has penalty of deportation.
Thu Sep 3, 2015, 04:43 PM
Sep 2015

Classes of Deportable Aliens

Any alien that is in the United States may be subject to deportation or removal if he or she:

Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;

Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;

Violated nonimmigrant status or a condition of entry into the U.S.;

Terminated a conditional permanent residence;

Encouraged or aided any other alien to enter the U.S. illegally;

Engaged in marriage fraud to gain admission to the U.S.;

Was convicted of certain criminal offenses;

Failed to register or falsified documents relating to entry in to the U.S.;

Engaged in any activity that endangers public safety or creates a risk of national security; or

Engaged in unlawful voting.

- See more at: http://immigration.findlaw.com/deportation-removal/deportation.html#sthash.RuFZ07G4.dpuf

 

geek tragedy

(68,868 posts)
45. So, effectively you're whining that all 11 million undocumented immigrants aren't being rounded
Thu Sep 3, 2015, 04:46 PM
Sep 2015

up and being put into mass concentration camps and cattle cars and being sent back to the border.

Because the concept of limited law enforcement resources is above your ability to comprehend.

There aren't enough law enforcement personnel, and offices, and detention facilities, to round up all 11 million undocumented immigrants.

There are better uses for such resources.

 

StrongBad

(2,100 posts)
51. Hypothetically, if there were 11 million clerks not performing their duties...
Thu Sep 3, 2015, 04:51 PM
Sep 2015

...would you be upset that the legal system wasn't enforcing the laws?

 

jberryhill

(62,444 posts)
57. Pretty much, yeah
Thu Sep 3, 2015, 04:55 PM
Sep 2015

I find that people who are most certain of their pet legal theories have, in general, never been anywhere near a law school.
 

branford

(4,462 posts)
56. Many police departments are refusing to enforce gun control laws
Thu Sep 3, 2015, 04:54 PM
Sep 2015

citing limited law enforcement resources and priorities. Do you believe they too have such discretion?

http://www.nytimes.com/2013/12/16/us/sheriffs-refuse-to-enforce-laws-on-gun-control.html

 

geek tragedy

(68,868 posts)
61. yes, they have the discretion to look for rapists and murderers rather than stopping
Thu Sep 3, 2015, 04:56 PM
Sep 2015

cars to inspect magazine size

 

branford

(4,462 posts)
73. We are then in agreement, although I imagine others here might not be as ideologically consistent.nt
Thu Sep 3, 2015, 05:03 PM
Sep 2015

PeaceNikki

(27,985 posts)
21. What a fucking stupid comparison.
Thu Sep 3, 2015, 04:28 PM
Sep 2015

WTF? She didn't just 'break the law'.

She defied a judges orders, is failing to do the job she was elected to do AND encroaching on the civil liberties of others.

 

StrongBad

(2,100 posts)
32. Did you post in the wrong thread?
Thu Sep 3, 2015, 04:38 PM
Sep 2015

My first line of this post clearly states I applaud the judge's decision.

 

StrongBad

(2,100 posts)
46. Please explain why it's ok to enforce some laws and not others.
Thu Sep 3, 2015, 04:46 PM
Sep 2015

A law is a law, so I'm waiting for justification on why some laws have more "lawiness" that others.

PeaceNikki

(27,985 posts)
50. No. Because immigration laws ARE being enforced every goddamn day.
Thu Sep 3, 2015, 04:50 PM
Sep 2015

Are DU'ers just not pissed off about immigration enough for you? Are you upset that we are more interested in stopping this asshole from encroaching on the civil liberties of others than going door to door to demand papers be shown and round up all of the brown people who are bothering you?

It's a stupid fucking comparison and a stupid fucking thread.

What exactly are you trying to prove?

 

StrongBad

(2,100 posts)
62. They do seem upset when people talk about diverting more resources to support the laws enforcement.
Thu Sep 3, 2015, 04:56 PM
Sep 2015

PeaceNikki

(27,985 posts)
72. "They"? You mean Democrats? You use "they" because you're not part of that group, right?
Thu Sep 3, 2015, 05:02 PM
Sep 2015

We get it. You're trying to make "us" Democrats look like hypocrites.

Whatever. Have fun with that.

 

StrongBad

(2,100 posts)
86. Yeah see elsewhere on this thread. I've been on this board for 12 years and have voted Dem since2000
Thu Sep 3, 2015, 05:18 PM
Sep 2015

Which was the first election I was eligible to vote.

I have some views which aren't popular on this board, so sometimes it results in threads like this.

PeaceNikki

(27,985 posts)
89. Your contention is that those who disagree with you are hypocrites.
Thu Sep 3, 2015, 05:21 PM
Sep 2015

And that is bullshit and trollish.

 

StrongBad

(2,100 posts)
91. It is hypocritical to want enforcement of some laws and not others.
Thu Sep 3, 2015, 05:24 PM
Sep 2015

Do you really think everybody on here wants consistent enforcement of immigration law?

fishwax

(29,346 posts)
96. No, it isn't hypocritical at all
Thu Sep 3, 2015, 05:36 PM
Sep 2015

Approving of civil disobedience in one instance does not require one to approve of civil disobedience in every instance. Doesn't that strike you as absurd?

 

StrongBad

(2,100 posts)
97. Yes but civil disobedience implies that you are knowingly breaking the law and expect punishment
Thu Sep 3, 2015, 05:38 PM
Sep 2015

Which means that you are ok with its enforcement.

fishwax

(29,346 posts)
100. it doesn't mean (as a supporter, rather than a practitioner) that you expect/desire enforcement
Thu Sep 3, 2015, 05:54 PM
Sep 2015

Supporting the arrest of this county clerk does not require us to also celebrate or support arrest in other cases of civil disobedience. Supporting enforcement of laws against murder does not require that we also support enforcement of every other law on the books. I don't understand the argument that support for one law requires some moral obligation to support every single law.

 

LittleBlue

(10,362 posts)
28. This thread is amusing
Thu Sep 3, 2015, 04:34 PM
Sep 2015

People twisting themselves into knots trying to justify one and hold on to their (contradictory) beliefs for the other.

You either believe in enforcing the law or you don't. Inconsistency is hypocrisy. And I see a few scrambling to portray the OP as right-wing for lack of any argument, nevermind the OP's join date of over 12 years here.

It is simple. We like one law but dislike another. Which is okay as long as you're not taking an ideological approach of "obey the law or else", which many have argued.

 

StrongBad

(2,100 posts)
36. Thank you.
Thu Sep 3, 2015, 04:40 PM
Sep 2015

Admittedly, I have become a bit more conservative on some issues over my 12 years here, but I still am definitely a Democrat and will be voting as such in 2016.

 

BlueJazz

(25,348 posts)
79. I agree with you and understand what you're saying. Keep in mind though, we, as a society, have ...
Thu Sep 3, 2015, 05:08 PM
Sep 2015

...chosen to ignore certain laws (Generally speaking). There's thousands of laws on the books that are ignored in this country...and that's probably a good thing.
Whether immigration laws are vastly ignored, that's a matter of personal choice.

I ignore them, if anybody cares..

steve2470

(37,481 posts)
44. The immigration laws ARE enforced....
Thu Sep 3, 2015, 04:45 PM
Sep 2015

Notice how the Republicans are not willing to increase the budget for ICE ?

Until that budget is increased by a huge percentage, there is absolutely no way to even approach 100% enforcement of the immigration laws.

It's like the traffic laws. They are NOT enforced 100% of the time, partially for budgetary reasons.

I think our taxpayer funds are better spent on other things besides deporting the undocumented workers who simply want to work.

joshcryer

(62,536 posts)
54. It's obviously a question of practicality and right and wrong.
Thu Sep 3, 2015, 04:54 PM
Sep 2015

To fully implement the absolute rule of the law with regards to immigration would require shock troops, nazi-style youth groups, whole nine yards. Literally holocaust level enforcement.

The law isn't being "ignored" it is simply impossible to enforce without becoming a totalitarian state.

To answer your question more clearly, though, it's clearly about right and wrong. I support marijuana legalization, the federal government doesn't. That doesn't make me inconsistent.

Erich Bloodaxe BSN

(14,733 posts)
55. Some laws exist for bad or stupid reasons, some for good reasons, and some just exist.
Thu Sep 3, 2015, 04:54 PM
Sep 2015

If you want to proclaim we should enforce all laws, you're suggesting all laws are equally valid.

Law enforcement does not have infinite resources to expend upon policing criminal activity. Given the limits that exist, do you want them spending more time enforcing jaywalking laws and litter laws, to the detriment of investigating murders?

 

StrongBad

(2,100 posts)
93. And who is the arbiter of what is an acceptable law?
Thu Sep 3, 2015, 05:30 PM
Sep 2015

Can I apply for this position? Seems kinda rad.

Erich Bloodaxe BSN

(14,733 posts)
114. Sure you can!
Fri Sep 4, 2015, 09:35 AM
Sep 2015

Just be rich enough or politically connected, get other rich people to bankroll your campaign, and run for office! It's dead simple! (If you're the 'right' kind of person. If you're not, it's going to be a lot tougher.)

You can join in either at the front end or the back end. Run for a position where you right the laws and control the money that goes to enforcement, or for one that like 'sheriff', that lets you simply decide which laws to enforce and which to ignore.

discntnt_irny_srcsm

(18,764 posts)
115. Erich has pretty much hit the nail on the head here
Fri Sep 4, 2015, 12:02 PM
Sep 2015

This country has had unjust, counterproductive and prejudicial laws for various time periods until the people undertook to work against them. Often that work has taken the form of civil disobedience. It hasn't always been protesters and civilians that exercised their option to disobey. Law enforcement and elected officials have participated.

I believe Ms Davis is wrong in her decision to not issue licenses but I still believe that is her decision to make and she justly risks CoC charges.

One_Life_To_Give

(6,036 posts)
63. Cause requiring someone on foot with a lantern preceed each car
Thu Sep 3, 2015, 04:56 PM
Sep 2015

would create a traffic jam to make a Boston Olympic's seem like a ghost town.

Now the one declaring it Illegal to put Tomato into Clam Chowder does need more vigorous enforcement. While the Law prohibiting Native Americans in Boston was repealed a year or two ago.

 

randome

(34,845 posts)
74. Because we're not robots.
Thu Sep 3, 2015, 05:04 PM
Sep 2015

[hr][font color="blue"][center]I'm always right. When I'm wrong I admit it.
So then I'm right about being wrong.
[/center][/font][hr]

prayin4rain

(2,065 posts)
85. This is a case of a governmental official refusing to perform their governmental function for
Thu Sep 3, 2015, 05:18 PM
Sep 2015

personal reasons. I'm not sure that people are upset so much because she broke the law. It's because she failed to perform the duties she is obligated to perform instead of resigning. The ethical thing to do would be to resign (or not be a bigot). Instead, she is abusing her governmental position to deny the public, that her office serves, their civic right to marry.

Then she defied a judge's direct order, which is more immediately jailable than breaking a law.

I don't think it's an apt comparison at all. She has every right as a private citizen to protest the law. She has every right as a private citizen to break laws until she's caught by an enforcement officer. She has no right to abuse her governmental authority.

 

B Calm

(28,762 posts)
94. Do you think the federal government should enforce marijuana laws
Thu Sep 3, 2015, 05:30 PM
Sep 2015

in states where the people voted to legalize?

 

branford

(4,462 posts)
102. or laws concerning gun control, protecting abortion clinics and other civil rights, etc.
Thu Sep 3, 2015, 06:04 PM
Sep 2015

While I agree with the president's action on immigration, the "slippery slope" is indeed real, and we should not be surprised when conservative executives choose not to enforce laws we believe are necessary.

rock

(13,218 posts)
103. I recommend we impeach her and subsequently fire her
Thu Sep 3, 2015, 06:06 PM
Sep 2015

County Court Clerk is an elected position. No need to send her to jail. She'll be enough of a burden on the taxpayers collect unemployment. No need to escalate it with the cost of jail.

 

branford

(4,462 posts)
106. Ironically, she's a Democrat, and her removal would mean
Thu Sep 3, 2015, 06:10 PM
Sep 2015

a Republican would likely be voted into office whose ideology doesn't differ much, if at all, from Davis.

Bad choices all around.

 

Rex

(65,616 posts)
105. I LOVE how this lady getting thrown in jail has caused an uproar among the ignorant fundies!
Thu Sep 3, 2015, 06:10 PM
Sep 2015
 

StrongBad

(2,100 posts)
107. I am in complete agreement with you.
Thu Sep 3, 2015, 06:14 PM
Sep 2015

Not sure of your post's relevance to the thread topic though.

 

Rex

(65,616 posts)
108. Oh were we staying on topic? I noticed you are all over the place as are others in this thread.
Thu Sep 3, 2015, 06:19 PM
Sep 2015

Okay on topic...the laws are enforced to the best of the abilities of law enforcement...sorry if that is not what you want to hear. LEO enforce the laws and deport people they catch here illegally.

So your thread topic is not totally factual, laws to kick illegal immigrants out of the country are enforced each day.

Now if you really want to talk about a pick and choose law...why are we still gerrymandering voting districts? A clear violation of the law...yet lawmakers do it year after year after year. Why do they get away with it?


 

Rex

(65,616 posts)
112. Check it out, you will be surprised at how relaxed they are about illegal gerrymandering.
Thu Sep 3, 2015, 07:13 PM
Sep 2015

gratuitous

(82,849 posts)
113. It happens all the time
Thu Sep 3, 2015, 07:24 PM
Sep 2015

By some estimates, it would cost more than $100 billion to identify, apprehend, process and deport the 11 million people estimated to be here without benefit of official paperwork. If the United States could get through 100 people a day, every day, weekends and holidays included, it would take a little more than 300 years to cleanse the country.

People who run red lights and stop signs are also breaking the law, and some of them cause serious property damage, injury and death. Yet we rather selectively enforce that law even with those horrible consequences. Why aren't you advocating applying the same standard to traffic scofflaws as you are for so-called illegal immigrants? I'm a bicycle commuter at mortal risk every day from those traffic lawbreakers, but you're not thumping the tub for stricter enforcement and greater penalties: Why do you want me to get badly injured or killed?

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