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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?


To: chalu2 who wrote (6452)5/27/2000 2:47:00 PM
From: nealm  Respond to of 9127
 
Just for reference, only the judicary can officially interpret the Constitution. Here are those pesky laws again:

Amendment 4.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment 14 (Section 1.)

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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It will come down to what the courts say ... which is what it should have been in the first place.

Accourding to media accounts the warrent for Elian was for being an illegal alien. According to the Cuban Adjustment Act (another pesky laws) Elian was not an illegal alien. For the sake of argument, let's say he was an illegal, why is he still here in the US? Or maybe the raid was just to change custody? If so, someone at INS requested a bogus search warrent.

In the end you'll probably get you wanted, Elian in Castro's Cuba, and the our country will the poorer for the experience.