Ask Me Help Desk - Art. IV, Sect. 4, you.S. Constitution

Considering that the equivalent of at least 10% of the Mexican population has come into the US illegally since 1986 (the last amnesty grant by Congress)...

Hasn't the United States failed in its Constitutional obligation to protect each of the states from invasion?

If so, who or what offices are liable for this failure and how do invaded states proceed against the United States to secure a conviction and remedy?

Constitution of the United States of America, Article. IV., Section. 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Hello Tex:

Absolutely! Let's declare war on the Mexican restaurant around the corner.

excon

Hello again, Tex:

Yeah, we got off on the wrong foot. I tell you what. Your question will be much better received on the politics board. You've got some right wingers over there who will LOVE your stuff.

Here, we deal with the law where the rubber meets the road. You know, not ethereal law, but where the law is trying to throw someone in the slam.

excon

Quote:

Originally Posted by excon

Hello again, Tex:

Yeah, we got off on the wrong foot. I tell ya what. Your question will be much better received on the politics board. You've got some right wingers over there who will LOVE your stuff.

Here, we deal with the law where the rubber meets the road. You know, not ethereal law, but where the law is trying to throw someone in the slam.
excon

Still looking for a serious, credible response to a serious, fundamental question here. Meanwhile, I am sending this inquiry to local Constitutional attorneys offices:

I represent a group of US citizens with a complaint under Article IV, Section 4 of the US Constitution, obligating the United States to protect each of the states from Invasion.

We seek judgement and remedy on the basis that the US government has neglected to enforce existing law and prevent at least 10% of the entire Mexican population from gaining illegal entry into the US.

Now this Invasion force is consuming public health, education and other public services to the detriment of US citizens and legitimate residents, while abusing Constitutional freedoms of speech and assembly to promote the overthrow of our government.

We would very much appreciate knowing how to proceed in this matter and whether or not your firm can offer some assistance.

Quote:

Originally Posted by TexAsh

Still looking for a serious, credible response to a serious, fundamental question here.

Hello again, Tex:

If you want dialogue, then post your question on the politics board. If you want a lawyer, then apparently, you're on the road to hiring one.

If you want me or anyone else to tell you if you have standing in the courts to file suit, I would say no. But, you didn't ask that question...

excon

PS> By the way, I don't necessarily disagree with your Constitutional analysis. Where we part company, is what to DO about it.

Quote:

Originally Posted by excon

I don't necessarily disagree with your Constitutional analysis. Where we part company, is what to DO about it.

I am open to consider viable alternatives. I should explain that my objective is to secure a judgement &/or organize enough political power to compel the USG to: 1. enforce the law; and 2. secure our borders. (Please note that I am already a supporter of NumbersUSA.com and am seeking opportunities for supplemental activism in this area.)

Quote:

Originally Posted by excon

If you want me or anyone else to tell you if you have standing in the courts to file suit, I would say no.

If I have no standing to file suit on this complaint, I would be pleased to get an informed opinion as to why. I would appreciate information about who WOULD have legitimate standing &/or the appropriate process for pursuing this complaint.

Quote:

Originally Posted by TexAsh

If I have no standing to file suit on this complaint, I would be pleased to get an informed opinion as to why. I would appreciate information about who WOULD have legitimate standing &/or the appropriate process for pursuing this complaint.

Hello again, Tex:

You're asking for an informed opinion, but its just you and me, dude, If haven't noticed, I'm an exconvict! I'll give you the best I've got, and I'll leave it to you to decide whether its "informed" or not.

Frankly, this is a pretty heady part of the law. Here's what I know. You have to show that you're a damaged party in order to have standing. The Supreme Court just the other day dismissed a case against the NSA for spying and intercepting email. This is something they've admitted they do, but the plaintiff couldn't prove the HE personally was damaged by it. Of course the COUNTRY is damaged by it, but he needed to prove that he himself, was damaged. He couldn't.

Given the above, you would need to show that the actions or inaction of government has caused YOU damage. I'll bet you can't show that.

Therefore, I suggest you don't have standing. But, what do I know?

I realize that you want to be active, but as long as your representatives WON'T do the work they were hired to do, I think your activism should be directed at electing someone who will.

excon

Quote:

Originally Posted by excon

You have to show that you're a damaged party in order to have standing. ... [Y]ou would need to show that the actions or inaction of government has caused YOU damage. I'll bet you can't show that.
excon

excon, I do not preclude you from being informed, especially if you have used some of your "leisure" time to educate yourself, ala The Birdman of Alcatraz. One's notorious past does not completely restrict the future nor negate good works - unless we allow it.

Maybe you or someone else here knows whether something like a class action suit can be brought in such a case. Obviously, it would be easier to show damages for a group of citizens. Perhaps class action is restricted to civil suits and that may be a problem. I don't know. I hope someone can make me smart on this..