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That doesn't disagree with what I've said. I acknowledged your statement, and agreed with it here, > enforcement is barred from punishing anybody without thei
by bmelton 13y ago
That doesn't disagree with what I've said. I acknowledged your statement, and agreed with it here,
> enforcement is barred from punishing anybody without their fifth amendment privileges of due process.
Ambach v Norwick, for example, discriminates against foreigners from employment as teachers, despite the protections you believe exist.
For what it's worth, I agree with how I think you're saying things ought to be, but in practice, we can and do enact discriminatory laws against those of certain alienage all the time, and it's rare that those claims in court enjoy strict scrutiny, which puts the standard of review in those protections up for debate. So while I agree on how things ought to be, that's a far cry from how they actually are which, to sum up, is to say that we routinely discriminate against aliens, illegal and legal alike, especially in matters of employment, all the time.
This is why I brought up non-codified rights. Most rational people would agree that a "right to work" is in fact a civil right, but it exists nowhere in the Constitution. The Wagner act bears on this to an extent, but in short, it's clearly a right that all people capable of working should enjoy, despite it not having been codified in the Bill of Rights, which means that its interpretation, however obvious, will not enjoy strict scrutiny, and is not even necessarily going to enjoy intermediate scrutiny, by whatever courts happen to be tasked with its interpretation. Rational basis has, regrettably, upheld far too often in those regards, and is indeed the way of the land.
- PavlovsCat 13y agoThanks for clearing that up for me :)
- bmelton 13y agoNo problem at all. Thanks for the discussion.