No subject
Sat Mar 14 10:11:06 MDT 2009
just law but the philosophy behind it, the decision was ridiculous, absurd
because in the United States, the federal government is not "the sovereign."
In fact, just reading the opening words of the Constitution is sufficient to
refute that idea.
The constitution starts "We the people ...", because in the bourgeois
constitutional ideology of the founding fathers, THE PEOPLE were the
sovereign (by "PEOPLE" of course understanding whites of the male persuasion
with substantial property). "The People" --the sovereign-- got together and
created a federal government and gave it certain powers, and ONLY those
powers, not others, saying explicitly, in so many big words, that all OTHER
powers were reserved to the individual states or the people.
And THIS was not only the theory, but the practice, too. Various states
adopted incentives/disincentives for immigrants for example in Minnesota you
could vote and run for office in 6 months, and New Jersey used to even have
German as an official language.
The Supremes took the constitutional permission "to establish a uniform rule
for nationalization," for becoming a CITIZEN, and turned it into an
anything-goes immigration carte blanche for the federal government. So the
usual rules don't apply. Discrimination on the basis of race or nationality
--explicitly prohibited by the post-civil-war constitutional amendments--,
is okay in immigration law. Due Process doesn't apply, and in some cases,
you can even enter the country and be here for months or years and have no
right to be heard in court because you're in immigration limbo, not
technically "in" the United States but only "at" the port of entry, in
theory being "inspected" to see whether you qualify for entry or not.
This completely arbitrary legal regime is supposedly based on the
congressional power of establishing "a uniform rule for nationalization."
The Supremes say this means anything goes. But that phrase is in the SAME
SENTENCE, even shares the verbal construct "to establish" with "uniform laws
on the subject of bankruptcies," and if the Supremes had tried to authorize
an "anything goes" bankruptcy regime, without regard to property rights, due
process, the right to be heard in court and so on, the bourgeoisie would
have LYNCHED the honorable justices.
* * *
This *dictatorial* regime towards immigrants is WHY nothing less than full
and unconditional legalization will do. And I mean "dictatorial" in its
strictly *technical* meaning of government unrestrained by pre-existing law.
Congress and the Census may PROMISE that census data won't be used for
immigration enforcement. But the day AFTER the census finishes, Congress can
take its promise, wipe its collective ass with it, and put the census data
for anyone suspected of being Latino or foreign born on the internet with
rewards for bounty hunters who capture socalled illegals.
And Latino organizations and individuals who take government/corporate money
to pimp for and promote the census in our communities should remember that
the last guy to do this got 30 pieces of silver, and think about Judas's
fate.
Joaquin
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