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Joined 1 year ago
Cake day: August 14th, 2023
  • jazzup@lemm.eetoAsklemmy@lemmy.ml•What is the functional difference between the President having immunity for “official acts” and the powers granted to the German President under Article 48 of the Weimar Constitution?
    4·
    4 months ago

    I think that immunity for explicitly delineated powers makes sense purely from a logical point of view: the constitution says the president can do a thing, therefore a law saying they can’t do that thing is either unconstitutional, or doesn’t apply to the president.

    You are effectively implying this, but I will say it explicitly - you don’t need immunity to reconcile the logical conflict. The courts can simply find that that law is unconstitutional facially (if it is specifically directed at an enumerated executive power) or as-applied (if it is a general law that sweeps in executive conduct that falls under an enumerated power). In other words, it’s not that the President is immune from criminal prosecution for violating a criminal statute, but instead Congress violated the separation of powers when passing the law and it therefore can’t be enforced because it is unconstitutional. In that situation, this would be a defense to the prosecution, with the burden being on the President to raise and prove the unconstitutionality of the law just like any other defendant. We don’t need to invent a new immunity to protect the President against Legislative excesses.

  • jazzup@lemm.eetoPolitics@lemmy.ml•Conservatives are warning about noncitizens voting. It's a myth with a long history
    51·
    8 months ago

    However, I still think you’re going too far by claiming there’s no consequences while literally linking to attempted convictions.

    I agree. I think he seriously underestimates the risks. If the person is here unlawfully, they have now caught the attention of the authorities and are more likely to be subjected to removal proceedings. If they are here lawfully, they now become deportable and, even if not removed for some reason, may decrease their chances at obtaining a green card or naturalization, depending on the circumstances. All of that on top of the criminal penalties.

  • jazzup@lemm.eetoPolitics@lemmy.ml•Conservatives are warning about noncitizens voting. It's a myth with a long history
    51·
    8 months ago

    and according to the law deporting them isn’t on the table for attempting to vote illegally (check the second link)

    I’ll repeat here what I said to you above in case others didn’t see my earlier comment and think your assertion is accurate:

    Deportation is absolutely a risk for unlawful voting.

    If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

    Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”

    The reason “deportation” is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

    Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

    Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.

  • jazzup@lemm.eetoPolitics@lemmy.ml•Conservatives are warning about noncitizens voting. It's a myth with a long history
    61·
    8 months ago

    Deportation is absolutely a risk for unlawful voting.

    If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

    Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”

    The reason “deportation” is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

    Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

    Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.