Saturday, November 28, 2009



I do not know if Joe Rubio would be a good TSC Board Member in all regards, but in the context of stopping Juliet Garcia’s con on the good people of Brownsville, he is a home run.

Rubio’s right to hold elective office has been denied because of a felony conviction in Mexico, as I understand the story. His lawyers in part have been arguing a federal provision which governs part of the question.

"An offender transferred to the United States to serve a sentence imposed by a foreign court shall not incur any loss of civil, political, or civic rights nor incur any disqualification other than those which under the laws of the United States or of the State in which the issue arises would result from the fact of the conviction in the foreign country."

This basically says to look to state law. But it does not end there. Any law is subject to the rules of statutory construction. This is where the US Supreme Court law on this issue is black and white in favor of Rubio.

“The question before us is whether the statutory reference "convicted in any court" includes a conviction entered in a foreign court. “

“In determining the scope of the statutory phrase we find help in the "commonsense notion that Congress generally legislates with domestic concerns in mind." Smith v. United States, 507 U.S. 197, 204, n. 5, 113 S.Ct. 1178, 122 L.Ed.2d 548 (1993). This notion has led the Court to adopt the legal presumption that Congress ordinarily intends its statutes to have domestic, not extraterritorial, application. See Foley Bros., Inc. v. Filardo, 336 U.S. 281, 285, 69 S.Ct. 575, 93 L.Ed. 680 (1949)

Small v. United States, 544 U.S. 385. 388 (2005)

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