Comment by alex43578
7 days ago
1) Drawing on the thoughts of the founding fathers to argue “the government is violating the rights and protections enjoyed by Latino and African illegal immigrants” would certainly be a unique position, given who and what the constitution protected.
2) Even setting that aside, what current actions violate the Constitution?
The First Amendment has seen time, place, and manner restrictions, particularly when it crosses the line into rioting or obstructing government operations.
The Fourth has allowed for brief questioning, reasonable suspicion, and the recent Vasquez Perdomo emergency order held that these recent stops are constitutional - so even your “checks and balances” idea is working against you, as multiple branches of government are in concurrence here.
The “founders didn’t intend to protect X” argument is more about history than law. Whatever the founders personally believed, the Constitution they wrote and endorsed (as interpreted for well over a century) restrains government in its treatment of “persons,” not just citizens. Non-citizens (documented or not) still have due process protections, and law enforcement still has to stay inside Fourth Amendment limits.
On “what actions violate the Constitution”: you’re also overstating what’s been “held.” An emergency order/stay is not a merits ruling that a policy is constitutional; it’s often just “this can proceed for now while litigation continues.” And the fact that multiple branches haven’t stopped something yet doesn’t mean checks and balances are “working”, it can just mean they’re failing in slow motion, which is exactly the scenario the founders warned about.
As for the specific amendments: time/place/manner doesn’t cover suppressing disfavored speech under pretext, and reasonable suspicion can’t be race/ethnicity-by-proxy or broad dragnet logic. If you want to argue the recent ICE-related tactics are clearly constitutional, cite the exact language you’re relying on and I’ll read it. But “emergency order exists” does not equal “constitutional on the merits.”
>…the Constitution they wrote and endorsed…restrains government in its treatment of “persons,” not just citizens.
Sure, it does now, but your original statement was “You should read more of the thoughts of America’s founding fathers”. But, do remember the founding fathers didn’t seem very concerned about the early government’s treatment or protections of many groups of people. Otherwise, we wouldn’t have needed: The Bill of Rights Amendments 13,14,15, and 19 The civil rights act Title 9, etc
>Non-citizens (documented or not) still have due process protections, and law enforcement still has to stay inside Fourth Amendment limits.
Sure, and those protections aren’t being violated, as evidenced by the Supreme Court holding that doesn’t even find enough risk to the plaintiffs to temporarily pause these enforcement actions. Just like they also agreed that TPS could be ended, parole could be ended, 3rd country deportations were allowed, etc.
At a certain point, when Congress doesn’t care to legislate against it, the Supreme Court via rulings/shadow docket allows it to continue, and the President authorizes it, the action is legitimate.
You can not like it, and you’re welcome to vote against it in the midterms and in 2028, but that doesn’t make it unconstitutional.
Just as emergency order doesn’t equal constitutional, complaints about enforcement of existing laws does not equal unconstitutional.
You’re conflating three different things: (1) founders’ personal moral failures, (2) the legitimacy theory they articulated, and (3) what an emergency posture from SCOTUS actually proves.
On (1) vs (2): yes, the founding generation tolerated massive injustice. That doesn’t refute the point I was making. The Enlightenment idea they leaned on is that rights pre-exist government and government power is delegated and limited. The later amendments you list aren’t a rebuttal to that framework, they’re the country painfully applying it more consistently over time via the mechanisms the Constitution itself provides.
On the Court point: “SCOTUS didn’t temporarily pause X” does not equal “no constitutional violation.” Emergency stays/injunctions turn on things like posture, standing, likelihood of success, irreparable harm, balance of equities, and deference; not a full merits finding that the challenged conduct is constitutional. “Shadow docket lets it continue” is not the same as “the Court blessed it.”
And the biggest issue is your last paragraph: legitimate does not equal constitutional.
Congress failing to act, the President authorizing something, and courts not immediately stopping it may show the government has the power to do it right now; it does not show the action is within constitutional limits. If that were the test, then any coordinated abuse across branches would become “legitimate by definition,” which is exactly what checks and balances are meant to prevent.
If you want to argue “these protections aren’t being violated,” then argue the specifics: what’s the standard being used for stops, entries, detentions, and removals, and how is it being applied? “It’s enforcement” is not a constitutional analysis.
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