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Hiram Foster

Crystal, MN
Commenter for
7 years 10 weeks

Recent Comments

You don't quite argue that it is illegal. And the legal authority you cite says it's legal. I don't really think you make the argument that the president's actions are immoral either, although you may think the arguments you do raise, such as the possibility for discrimination, are moral arguments.

Discrimination, in a couple of ways, seems to be what you are concerned about. There is nothing inherently illegal, and I would suggest, immoral about discrimination. Broadly understood,...

In terms of prosecutorial discretion, something also I would add is that unlike jaywalking, being in the United States illegally is not a crime. Discretion or not, with respect to someone who is here illegally, there is nothing to prosecute.

What you argued was that you didn't like an outcome very much. That doesn't make that outcome illegal. The fact that President Obama didn't state a legal argument doesn't mean such an argument doesn't exist or isn't applicable. As for the police, they accommodate themselves to illegal alien issues all the time. Bear in mind that being an illegal alien, unlike jaywalking, is not a crime.

As for the moral arguments, they are many and cut all sorts of different ways. There are moral...

", there is a presumption of innocence but a person stopped for a law violation (jaywalking for example) should name himself and then it can be discovered (and proven) if he is here illegally."

Being here illegally is not a crime. Unlike jaywalking. Overstaying a visa is not a crime either.

"I believe there were legal cases when some policies were found discriminatory even when the intent was not."

Lots of policies are discriminatory. If, as you suggest, President Obama...

But as we all know, the vast, overwhelming number of people in this country illegally, entered this country illegally, and that is a crime.

A fair number of people who are on the other side of the street, got there by jay walking. But that statistical type statement isn't any kind of proof of anything.

The problem here is with discretion. As the author of the original piece suggests, discretion can be exercised erroneously, and it can be abused. But that doesn't mean that...

"I never said that having discretion is unconstitutional."

That's really my point. That and that you didn't really make the point that President Obama was acting illegally. You didn't close the circle of your argument.

"II said that Obama abused it big time."

And this is the problem. In your opinion, the president abused his discretion, but it doesn't seem to be your position that he didn't have that discretion. You have a policy dispute with the president, but that is...

Look at it this way. Jaywalking is a crime. Yet the federal government makes little effort to stopping it, making the discretionary choice to put it's resources elsewhere. That being the case, how is it an abuse of discretion not to enforce laws which aren't criminal in nature, when the government makes the deliberate choice not to enforce laws against actual crimes?

Your argument seems to be that discrimination in impact makes a law, I don't know, illegal. This is simply not the case. Where immigration is concerned, it is perhaps the case that President Obama's orders have a disparate impact on one group or another. If that's the case so do the laws he is declining to enforce, whose discriminatory effect he is attempting to ameliorate. But neither side of that dilemma is in fact relevant. Whether or not a crime has been committed or a statute violated...

Posted on 11/20/14 at 09:20 am in response to How the Minnesota Orchestra got its mojo back

It just seems to me that after the lockout, everyone sort of turned away from the issues it presented. Now everyone is saying everything is just peachy, and there is no reason to worry your pretty little heads about where the orchestra is going. Well is there, or isn't there? The orchestra was locked out because, we were told, it was on an unsustainable financial path. Well was it? A deal was made, and the orchestra returned to work. Did the deal solve the problem? Or push the problem down...

Posted on 11/20/14 at 06:43 am in response to How the Minnesota Orchestra got its mojo back

We need to know whether the issues which led to the lockout still exist, have been resolved, or never existed at all.