Tuesday, July 5, 2011

A matter of State

The Tenth Amendment is being put to the test by a sitting United States President. That's right, Obama is suing the State of Texas for enforcing its own constitutional rights. With this, I have to ask why is he so adamant about enforcing international law over that of his own constitutional duties of protecting and defending the Constitution.

The Constitution does not show reverence to such international law. It does however render such treaties of international concern to that of Executive oversight with the confirmation of such by the Legislative branch.

Let me explain the matter, as best as I can. Humberto Leal, a Dream Act individual, was convicted of a 1994 rape and murder of a 16 year old female. She was found with bite marks on her remains and her head battered with a rock. As to the record, she was raped before and after death. Is this a punishable offense? I would have to say, YES!

Some might ask what was meant by Dream Act. Quickly referenced, this is an acronym for Development, Relief, and Education for Alien Minors. It was first introduced in the United States Senate in 2001. Basically the bill would provide permanent residency to illegal alien students who graduate from U. S. high schools, who have a good moral character. They would have arrived illegally into the United States as a minor, and would have resided in the country for at least five years prior to the enactment.

The bill has been reintroduced several times throughout the last decade in various forms, always falling short of the needed votes. All with varying degrees of requirements and prerequisites. The matter has been sponsored by various bipartisan factions.

With this being stated, I refer to Humberto Leal as a Dream Act individual. I also must reiterate that this Mr. Leal is NOT of a good moral character. Not to mention, had been a resident of the United States since he was two years old, and therefore had no rightful title to that of Mexican citizenship. That is if you abide the liberal agenda of the duopoly and the current sitting President as well.

Mr. Leal has been seen by his so-called Consul of Mexico. The court records show that all due process was given him. He has appealed on all avenues to delay the inevitable. He plead guilty before his arrest was attained, and did not immediately assert his Mexican citizenship until after his arrest. According to the legal guidelines set down by the political left does not allow for the questioning as to the citizenship of an individual. Therefore the accused was given due process of that of a United States Citizen.

The suit filed by the Administration is obviously an elaborate, yet obvious election year ploy for the Hispanic vote. Its case however is to be considered to an over-riding stay of execution. The official standing of the State of Texas as being with its legal dominion to decide such matters. A docket is set for a supreme Court of the United States decision on the matter. It will nonetheless be a delay of such until decision is rendered.

If the Court does not render their hand to that of Leal's fate, his only recourse would be entirely within the realm of Governor Rick Perry. The decision will obviously be a burden upon Perry as he is considering a possible run for President in 2012.

Perry's decision will definitely show whether he is constitutional or a mere arm of the establishment. What will he do? It is a rare but significant matter for a Governor to decide such a matter, and constitutional duty sworn to uphold. The decision is his, and could decide his own political career. I for one, am asking Gov. Perry to perform his duties and follow the requests of the citizens of Texas. This is however a matter for Texas, and not that of the President of the United States.

As a citizen of Indiana, I will not make any request for the matter to go anyway but that of constitutional authority. It is a Texas matter, and all others should have no say.

The only duties of the President and the supreme Court on this matter is the defense of the Tenth Amendment. This right of the State is clearly presented in the United States Constitution.

The powers not delegated to the United States by the Constitution, nor prohibited it to the States, are reserved to the States respectively, or to the people.”

Plain and simple, the words are clear and concise. I stand strong in my conviction of protecting the rights granted via the Constitution, especially the First Amendment right of freedom of speech and the freedom to practice such in the writing I have presented.

With these rights invoked, “Obama, keep your hands off!”

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