"How did it come to pass that an opposition's measure of a president's foreign policy was all or nothing, success or "failure"? The answer is that the political absolutism now normal in Washington arrived at the moment--Nov. 7, 2000--that our politics subordinated even a war against terror to seizing the office of the presidency." - Daniel Henninger - WSJ 11/18/05
"the slovenliness of our language makes it easier for us to have foolish thoughts." - George Orwell

Tuesday, May 09, 2006

Illegal Immigration and the Writ of Mandamus

Forgive me if I appear and sound like a layman, but unfortunately in this instance I am. I am no lawyer, nor do I aspire to be. We seem to have an issue in this country in instances where the law is not really the law; where illegal is legal.

American citizens, if I'm not mistaken elect their representatives and these representatives actually work for this public. What do we do when our elected officials do not fulfill the duties of their office as the voters expect? Well, one thing we do is vote for someone else next time. Unfortunately, this doesn't seem to work as well as we would like.

It seems to me that Washington is not really listening to those of us that are fairly pissed off about the lack of immigration law enforcement and a lack of border enforcement. To that end and in my ignorance I suggest 'we the people' push however we may for a "writ of mandamus."

A Writ of Mandamus may be something that can be done, but this would obviously need to be looked into further by someone that has a clue. The definition for mandamus, my mind is fairly straight forward, but the details of which do not interest me deeply enough to sift through the legal mumbo jumbo.

The portion that I found of the most interest at Answers.com is:

The writ of mandamus can also be issued in a mandamus proceeding, independent of any judicial proceeding. Generally, such a petition for a mandamus order is made to compel a judicial or government officer to perform a duty owed to the petitioner. For example, in Massachusetts, each year the commonwealth's attorney general and each district attorney must make available to the public a report on wiretaps and other interceptions of oral com- munications conducted by law enforcement officers. If the report is not made available, any person may compel its production by filing an action for mandamus (Mass. Gen. Laws Ann. ch. 272, § 99 [West 1996]). If successful, a court would issue an order directing the attorney general and district attorneys to produce the information. The attorney general and district attorneys have a chance to defend their actions at a hearing on the action. If the parties fail to comply with a mandamus order, they may be held in contempt of court and fined or jailed.
Can our elected representatives be compelled by Mandamus to uphold and enforce our immigration laws as they exist now? Someone please take it away from here......

**This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email the coalition and let me know at what level you would like to participate.**


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