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Old 07-17-2011, 06:35 PM
Ayatollahgondola's Avatar
Ayatollahgondola Ayatollahgondola is offline
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Default 5th Circuit Appeals Court Rules Illegal Alien Not "We The People"

This is a rather lengthy read of the courts discussion on a constitutional interpretation of the 2nd amendment. Basically, an illegal alien was caught in the US with a gun, and tried to claim a 2nd amendment right to possess a gun. For once, the court ruled sanely that the constitutional right did not apply to illegals because they are not "the people" as described in the constitution. This could be a big ruling if it is extended to other rights that illegals claim
You can download the document below

Quote:
The courts have made clear that the Constitution does not prohibit
Congress from making laws that distinguish between citizens and aliens and
between lawful and illegal aliens. We find that analysis persuasive in
interpreting the text of the Second Amendment. Whatever else the term means
or includes, the phrase “the people” in the Second Amendment of the
Constitution does not include aliens illegally in the United States such as
Portillo, and we hold that section 922(g)(5) is constitutional under the Second Amendment
I might add that that was one dissenting opinion that felt that because the illegal had some substantial ties to the community that he should be "the people" :

Quote:
If an alien who undertook “periodic visits [to the United States] to
assist her aunt with retrieving her Social Security check” has substantial
connections to this country, Martinez-Aguero, 459 F.3d at 625, then surely
Portillo-Munoz does, as well. He has voluntarily come to the United States
and resided here for over 18 months, developing substantial connections with
this country by fulfilling societal obligations to his employers, his landlord,
his girlfriend and her daughter. He is “in effect, [a] member[] of the
community” like the aliens described in Plyler. 457 U.S. at 219 n.17.
Therefore, he is part of “the people,” and is entitled to the protections of the
Bill of Rights, including not only the Second Amendment, but also the First
and Fourth Amendments.
Attached Files
File Type: pdf 11-10086-CR0.wpd.pdf (53.1 KB, 2482 views)

Last edited by Ayatollahgondola; 07-17-2011 at 06:38 PM.
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