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Who is Responsible for Securing the State Border and Arresting 12 Million Illegals

Who is Responsible for Securing the State Border and Arresting 12 Million Illegals

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Published by silverbull8
Who is Responsible for Securing the State Border and Arresting 12 Million Illegals
Who is Responsible for Securing the State Border and Arresting 12 Million Illegals

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Categories:Types, Research, Law
Published by: silverbull8 on Jun 24, 2010
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Who is Responsible for Securing the State Borderand Arresting 12 Million Illegals?by Gerry Nance
Written: 6/23/2010 // Revised: 6/23/2010 // Printed: 6/23/2010
The Preamble to the Constitution of the United States:
"We the People of the United States, in Order to form a more perfect Union, establish Justice,insure domestic Tranquility, provide for the common defence, promote the general Welfare,and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establishthis Constitution for the United States of America."Note: (We the People are the whole MILITIA, who under the US Constitution form a nation,establish a republican form of government, and delegate limited authority to the electedgovernment, while retaining “powers not delegated to the United States by the Constitution,nor prohibited by it to the States.”)>>
Article 1 Section 10 Clause 3
: (Requires states to (enforce immigration laws usingstate MILITIA) declare war if invaded.)“No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, orShips of War in time of Peace, enter into any Agreement or Compact with another State, orwith a foreign Power, or engage in War, unless actually invaded, or in such imminent Dangeras will not admit of delay.”Paraphrasing: "Every state in the union, shall, without the Consent of Congress, engage inWar, when actually INVADED.">>
Article II, section 3
, of the US Constitution, says " The President, shall take Care thatthe Laws be faithfully executed.">>
Article 4 Section 4
: (Requires states to enforce border and internal security using stateMILITIA.)“The United States shall guarantee to every State in this Union aRepublicanForm of Government, and shall protect each of them against Invasion; and on Application of theLegislature, or of the Executive (when the Legislature cannot be convened) against domesticViolence.”Paraphrasing: "Every state in the union, is responsible to every state in the union, forsecuring our union against INVASION.">>
Article VI
: (Attaches treaties to US Constitution) This Constitution, and the Laws of the United Stateswhich shall be made in Pursuancethereof;and all Treaties made, or which shall be made, under the Authority of the UnitedStates, shall be the supreme Law of the Land; and the Judges in every State shall be boundthereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.>>
2nd Amendment
: (Authorizes state MILITIA to be recruited from the unorganizedMILITIA of armed citizens.)A well regulated MILITIA, being necessary to the security of a free State, the right of thepeople to keep and bear Arms, shall not beinfringed.”Paraphrasing: “To ensure a well regulated militia is ready to come to the common defence of the US Constitution, Liberty, life, property, and the rule of law, therefore all citizens will havea protected right to bare arms, and practice in the militia arts as the unorganized militia, tobe ready for the call to active duty, or immediate voluntary reaction.>>
4th Amendment
: (Protects personal privacy and property rights of citizens.)“The right of the people to be secure in their persons, houses, papers, and effects, againstunreasonable searches and seizures, shall not be violated, and no Warrants shall issue, butupon probable cause, supported by Oath or affirmation, and particularly describing the placeto be searched, and the persons or things to be seized.” (See “Probable Cause”, OpenFields” and “Terry Stop”.)
 page 1 of 8
Who is Responsible for Securing the State Borderand Arresting 12 Million Illegals?by Gerry Nance
Written: 6/23/2010 // Revised: 6/23/2010 // Printed: 6/23/2010
10th Amendment
: (Protects the Powers of the States and People) The powersnot delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the Statesrespectively,or to the people.” (See Article 1 Section 10 and Article 4 Section 4)>>
14th Amendment
: (Requires states of the union to protect all citizens equally under thelaws.)nor shall any State deprive any person of life, liberty, or property, without due process of  law;nor denyto any person within its jurisdiction theequal protection of the laws.” >
Probable Cause
.--The concept of ''probable cause'' is central to the meaning of thewarrant clause. Neither the Fourth Amendment nor the federal statutory provisions relevantto the area define ''probable cause;'' the definition is entirely a judicial construct. Anapplicant for a warrant must present to the magistrate facts sufficient to enable the officerhimself to make a determination of probable cause. ''In determining what is probable cause .. . [w]e are concerned only with the question whether the affiant had reasonable grounds atthe time of his affidavit . . . for the belief that the law was being violated on the premises tobe searched; and if the apparent facts set out in the affidavit are such that a reasonablydiscreet and prudent man would be led to believe that there was a commission of theoffense charged, there is probable cause justifying the issuance of a warrant.''(http://caselaw.lp.findlaw.com/data/constitution/amendment04/02.html#3)>
''Open Fields.''
--In Hester v. United States,96the Court held that the FourthAmendment did not protect ''open fields'' and that, therefore, police searches in such areasas pastures, wooded areas, open water, and vacant lots
need not comply with therequirements of warrants and probable cause.
Detention Short of Arrest: Stop-and-Frisk 
.--Arrests are subject to the requirementsof the Fourth Amendment, but the courts have followed the common law in upholding the
right of police officers to take a person into custody without a warrant if theyhave probable cause to believe that the person to be arrested has committed afelony or has committed a misdemeanor in their presence.
6 The probable cause is,of course, the same standard required to be met in the issuance of an arrest warrant, andmust be satisfied by conditions existing prior to the policeman's stop, what is discoveredthereafter not sufficing to establish retroactively reasonable cause.7 There are, however,instances when a policeman's suspicions will have been aroused by someone's conduct ormanner, but probable cause for placing such a person under arrest will be lacking.8In Terryv. Ohio,9the Court almost unanimously approved an on-the-street investigation by a policeofficer which involved ''patting down'' the subject of the investigation for weapons.(http://caselaw.lp.findlaw.com/data/constitution/amendment04/03.html#2)>
Muehler v. Mena
In 2005, the U.S. Supreme Court handed down a unanimous decision in Muehler v. Menathat questioning someone regarding their immigration status is not a violation of FourthAmendment rights - provided that person is already lawfully detained.In the wake of a drive-by shooting, Officer Muehler and other members of local lawenforcement handcuffed and questioned Iris Mena in connection to the shooting. They did sowhile executing a search warrant for a safe house which she and members of West SideLocos gang would gather at, most of whom were illegal immigrants. Small wonder, then,that they asked if she was in the country illegally.
 page 2 of 8
Who is Responsible for Securing the State Borderand Arresting 12 Million Illegals?by Gerry Nance
Written: 6/23/2010 // Revised: 6/23/2010 // Printed: 6/23/2010
Muehler v Mena establishes that "officers did not need reasonable suspicion to ask Mena forher name, date and place of birth, or immigration status."Even though this was a gang-related case, "no additional Fourth Amendment justification forinquiring about Mena's immigration status was required." If that's true in California, it's truein Arizona. This is a strong precedent, with six justices from that unanimous decisionremaining on the bench.(http://www.law.cornell.edu/supct/html/03-1423.ZS.html)>
: composition and classes:(a) The
of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, orwho have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.(b) The classes of the
are--(1) the
, which consists of the National Guard and the Naval
; and(2) the
, which consists of the members of the
who arenotmembers of the National Guard or the Naval
Code of Federal Regulations (32CFR215.4):
"The protection of life and property and the maintenance of public order are primarily theresponsibilities of State and local (County, City, School Board) governments. Aside from the constitutional limitations of the power of the Federal Government at the locallevel, there are additional legal limits upon the use of military forces within the UnitedStates. The most important of these from a civil disturbance standpoint is thePosseComitatus Act (18 U.S.C.1385), which prohibits the use of any part of the Army or the AirForce to execute or enforce the laws, except as authorized by the Constitution or Act of Congress. The Constitution and Acts of Congress establish six exceptions, generally applicable withinthe entire territory of the United States, to which the Posse Comitatus Act prohibition doesnot apply.>
Exceptions to the Posse Comitatus Act
(a) 10 U.S.C. 331.
Authorizes use of the MILITIA and Armed Forces when a State is unable tocontrol domestic violence, and a request for Federal assistance has been made by the Statelegislature or governor to the President.Implements Article IV, section 4, of the Constitution.
(b) 10 U.S.C. 332.
Authorizes use of the MILITIA and Armed Forces to enforce Federal lawwhen unlawful obstructions or rebellion against the authority of the United States rendersordinary enforcement means unworkable.Implements Article II, section 3, of theConstitution.
(c) 10 U.S.C. 333.
Authorizes use of the MILITIA and Armed Forces when domestic violenceorconspiracyhinders execution of State or Federal law, and a State cannot or will notprotect the constitutional rights of the citizens.Implements Article II, section 3, and the 14thAmendment of the Constitution.> 50USC21.Authorizes the US President to issue public proclamation, ordering allEnemyaliens (Mexicans)not naturalized, to deport from the USA, on any declaration of WARagainstMexico, by the governor of any state in the union, on invasion or incursion, by thepeople of Mexico, under the support of the government of Mexico.On Presidential
 page 3 of 8

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