Publius-Huldah's Blog

Understanding the Constitution



  1. Sorry, but I didn’t submit this question.

    Comment by Klaus P. Lindner | December 9, 2014 | Reply

  2. “To establish a uniform rule of naturalization…” does not mean that they regulate immigration. It means; ” The process whereby a foreign-born person may be granted citizenship”.

    The US Constitution in Article 1, Section 9 specifically states that it is the state’s who decides who may come into our nation, but that the federal government decides what “tests”, etc they are required to pass to become a US Citizen.

    Section 9: “The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.”

    Yes the “or importation of such persons” does no longer apply, and truthfully am not sure about “shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight” but I read it to mean that congress can deny a person who migrated (immigrated) here to be allowed naturalization.

    What do you think?

    Comment by Cal | December 9, 2014 | Reply

    • You totally misread it. And I suspect you are so convinced that YOU are right that you would refuse to listen to someone who actually does know and points out your errors.

      And you believe that a text means what YOU think it means! You said,

      “truthfully am not sure about “shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight” but I read it to mean that congress can deny a person who migrated (immigrated) here to be allowed naturalization.”[emphasis mine]

      Try diagramming the sentence. Lay aside the rubbish you have picked up from ignorant people who don’t know what they are talking about, and use your own head. THINK! Diagram the sentence!

      After you have done that, report back to me.

      Comment by Publius Huldah | December 9, 2014 | Reply

      • You are correct, sorry. What it says is “Section. 9. The Migration” Then after the “or” – which gives a choice of one or the other – there is the other choice “or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.”

        Since the ONLY duty regarding immigrants assigned by the US Constitution is Clause 4 – “To establish an uniform Rule of Naturalization”

        Even if it would not be true of the “or” part (but the retired English teacher said that is what it does, separate two distinct parts of the choices), then under the Tenth Amendment since the decision of immigration was not assigned to the federal government it would still belong to the states or to the people. I have found no where in the US Constitution where it is delegated to the general government, only what it takes to become a US citizen was delegated to those who serve within it.

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

        Comment by Cal | December 9, 2014 | Reply

        • No. Try it again. Diagram the sentence. Our Framers wrote much on this clause, but you would not be able to follow what they say if you can not understand what Art. I, Sec. 9, clause 1 says.
          You are laboring under a misconception which blinds you to the truth of what that clause says. Wipe your mind clean of what you think you know and look at it with a fresh unbiased eye.

          Comment by Publius Huldah | December 10, 2014 | Reply

  3. 17 states filed a lawsuit in a Texas District Court against the administration about it’s executive order dealing with immigration issue. Since states are involved why wasn’t this case filed directly to the Supreme Court? Doesn’t the Supreme Court have original jurisdiction if a state is a party in a case? (art. III, sec. 2, cl. 2)
    Klaus Lindner

    Comment by Klaus P. Lindner | December 3, 2014 | Reply

  4. Have you written anything about the incorporation doctrine, where the bill of rights are applied to the states?

    Comment by Klaus P. Lindner | October 16, 2014 | Reply

  5. Of course you’re correct. I was just relating to the “nor shall any state deprive any person of life, liberty, or property with out due process of law” in the fourteenth amendment. The left always hangs their hat on the “any person” when calling for due process hearings. My only thought was that if the hearings were required, why not have them in their country of origin. Long ago our judges travelled circuits so why couldn’t they now in these cases.

    Comment by Klaus P. Lindner | October 6, 2014 | Reply

    • Sec. 1 of the 14th Amendment applied only to freed slaves to grant citizenship to them and to protect them from southern Black codes which denied them basic rights of citizenship. THIS has been proved. Read my paper under the category “14th Amendment”.

      Sec. 1 of the 14th Amendment has NOTHING to do with anything else: It has nothing to do with killing babies, homosexual acts, homosexual marriage, and illegals sneaking over the border. Study the paper – yes it is complicated – but we all must learn of the twisted minds of the judges whom the presidents we elect appoint to the federal courts – and whom the US Senators we elect confirm.

      YES, I blame the AMERICAN PEOPLE for all our problems.

      Comment by Publius Huldah | October 6, 2014 | Reply

  6. Could the federal government immediately deport illegal immigrants, when apprehended, to their countries of origin if congress established circut immigration courts in our embassies in various foreign countries. The immigration judges could travel circuits, like in the old days, to different countries to conduct the individuals due process hearings.

    Comment by Klaus P. Lindner | October 6, 2014 | Reply

    • That’s interesting, Klaus.

      I don’t know that our federal government would need immigration judges. I don’t see why the fed gov’t couldn’t just put these people on a bus or airplane and transport them back to their Country of origin. Do you happen to know whether in the past the fed gov’t did as you suggest?

      It is fundamental that Countries have the right to control their borders so as to prevent people from entering. I don’t see why we need to give illegal invaders a hearing before we return them. If they don’t have a Visa, then they shouldn’t be here. SEND THEM BACK!

      I traveled much abroad in the past. Each Country has its own rules for being allowed to visit. Why should I expect to be exempted from the rules? If I wanted to visit a country, I found out what I needed to do to get a visa. If I sneaked in w/o a visa, I wouldn’t expect a hearing – in some of the countries I entered, I would expect to be shot!

      We have forfeiture laws now in this land where your money can be taken from you with no warrant and no charges against you, and you don’t get a hearing! But an illegal alien can sneak in here and he gets a hearing? Rubbish. He’s lucky to be deported and not shot. Oh, if the alien has money on him, charge him for his transportation back home. No discount.

      Comment by Publius Huldah | October 6, 2014 | Reply

  7. Section 16. Grand juries—composition—jurisdiction to convene—powers.—
    That a grand jury shall consist of twelve citizens, any nine of whom concurring may find an indictment or a true bill: Provided, that no grand jury shall be convened except upon an order of a judge of a court having the power to try and determine felonies; but when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime; and that the power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments in connection therewith, shall never be suspended.

    I do not understand why Judge would constitute a Grand Jury for purposes of “inquiring into willful misconduct”. What is your legal and functional analysis of this State Constitution Article I, Section 16? An inquiry should be impromptu, and oversight, not something a federal district judge needs to constitute.

    Comment by Jordan James | October 4, 2014 | Reply

    • Jordan, I must get a formal paper out on this – but all my time has been focused on trying to stop an Article V convention.

      It appears you are quoting from a State Constitution. Bearing in mind that I can not construe Article I, Section 16 of your State Constitution in pari materia with anything else your Constitution says which is related to criminal procedure, I offer the following general observations about the purpose of a grand jury.

      But first, we must understand the FUNDAMENTAL PRINCIPLE that the civil government “holds the sword”. That means that only the civil government may lawfully prosecute crimes and punish convicted persons. The reason for this PRINCIPLE is to avoid “vigilante justice” – where mobs go out with torches and pitchforks (or white robes and hoods) – and string up whomever the mob has decided is guilty of a crime.

      So, on the State level, suspected crimes are prosecuted by prosecuting attorneys who are (for the most part – if not in all States) elected by The People. These prosecuting attorneys are the ones who decide whom they will prosecute and whom they will not prosecute. The idea, of course, is that The People are RESPONSIBLE for electing competent and honest criminal law attorneys to the office of Prosecutor.

      The purpose of a grand jury has always been – and is – to serve as a body of citizen advisers to the Prosecutor.

      In the criminal justice system [and I speak from personal professional experience], the Criminal Division of the Court System summons Citizens to serve on the Grand Jury [REMEMBER: the civil government “holds the sword”]. This is a mere ministerial function of following the procedures set out in State Law for selecting names and sending out the summonses to Citizens notifying them that they are to appear for purposes of serving on the grand jury. Once these Citizens are sworn in, they have the following functions:

      1. The Prosecutor may present to them evidence he has gathered respecting so & so’s suspected criminal activity – and the Prosecutor basically asks: “Do you think I have enough evidence here to prosecute so & so for the crime of such & such?” If the members of the grand jury think there is sufficient evidence to prosecute so & so for that crime – they return an “Indictment”. If they don’t think there is sufficient evidence, then they refuse to Indict. Their opinion is advisory only.

      2. When the grand jury is assembled, they may also ON THEIR OWN INITIATIVE inquire into the “willful misconduct in office of public officers”. And if they decide that there is sufficient evidence to prosecute a public officer for willful misconduct in public office, then they issue a “Presentment

      The Prosecutor is not required to prosecute those against whom the grand jury has issued a Presentment. The Prosecutor is the lawyer and is the one who has been elected to bear the responsibility of making the final decision as to who will be prosecuted for what. For example, citizen grand jurors might want a prosecution against an individual over whom the Court has no jurisdiction! E.g, a STATE criminal court has no jurisdiction to prosecute obama for being an ineligible fraud; or Holder for being an incompetent, dishonest boob.

      See? THAT is how the grand jury system is set up and how it works. Be very careful of the “common law grand jury” movement – they do not know what they are talking about.

      Comment by Publius Huldah | October 5, 2014 | Reply

  8. How do I sign up to receive your blog? I unintentionally clicked on “unfollow” on the wordpress site and I can not find how to re-up to receive your blog. Please help. Bill Lopotko

    Comment by Bill Lopotko | September 19, 2014 | Reply

    • Bill, Go to my Home page and scroll down till you get to the photo of me. Under that you will see – on the right of the page – the info on “Follow blog via email” and “sign me up!”
      And thank you!

      Comment by Publius Huldah | September 19, 2014 | Reply

  9. You have expressed, I hear, an constructive critique of the premise and spirit of Would you please provide your thoughts accordingly?

    Comment by Jordan James | September 17, 2014 | Reply

    • Hummm, I don’t recall doing so. Isn’t that a South American movement? I’m not familiar with the organization – but it sounds sinister. Is it?

      Comment by Publius Huldah | September 17, 2014 | Reply

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