Monday, July 30, 2007

Munley's World - Part 2

You and I might think that being an American citizen is something special.

And record numbers of Green Card holders have been flocking to the Citizenship office in the past 90 days to become citizens. (Some would say they are only doing it to save money, since the application fees are increasing. How cynical of them. Of course, they want to become citizens because of their deep allegiance to our country.) (Listen to me, being cynical of the cynics)

But in his Hazleton ruling, here’s what Judge Munley writes: “Our analysis applies to illegal aliens as well as to legal residents and citizens. The United States Constitution provides due
process protections to all persons.” (page 187. Italics are in the original text.)

I’m with him up to a point. Due process protection does apply to all persons. “Innocent until proven guilty” is vital to our society. I think the Hazleton ordinances are based on establishing lawful presence before any action is taken, but Munley may have rightly worried about the appeals process.

But then Munley goes beyond due process and gets dangerously vague with this statement from page 189:

“Even if federal law did not conflict with Hazleton’s measures, the City could not
enact an ordinance that violates rights the Constitution guarantees to every
person in the United States, whether legal resident or not.”

Suddenly the door is thrown wide open. One could easily extend suffrage to illegal aliens with just the right interpretation of that sentence. Or even the right to hold public office.

And it is reinforced in Munley’s final paragraph immediately preceding the court order. He writes:
“The genius of our Constitution is that it provides rights even to those who evoke the least
sympathy from the general public. In that way, all in this nation can be confident of equal justice under its laws. Hazleton, in its zeal to control the presence of a group deemed undesirable, violated the rights of such people, as well as others within the community. Since the United States Constitution protects even the disfavored, the ordinances cannot be enforced.”

People you and I would define as illegal aliens, Munley calls:
1) “those who evoke the least sympathy”
2) “a group deemed undesirable”
3) “the disfavored”

Clearly justice is blind in this case; blind to the fact that these people have willfully violated immigration laws and do not have lawful presence in the United States!

If Munley’s ruling is left standing, citizenship becomes virtually meaningless.

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