cstross, to random
@cstross@wandering.shop avatar

Putting the tangerine jumpsuit on the tangerine shitgibbon

JdeBP,

@wolfsbruder

@cstross is right. There are fairly stringent requirements about an overt act and whom the accused is giving aid and comfort to.

It's not trivial to convict for treason, precisely because of centuries of abuse of what treason was in Europe before the U.S.A. was founded. They didn't want to perpetuate that problem.

You can still see the reason why today, with all of the people in #USPolitics screaming "traitor" at one another at the drop of a hat.

#USLaw #USConstitution

JdeBP,

@cstross

If you want a particularly gruesome example to point to, see the 1531 Act of attainder of treason that was passed to declare ex post facto Richard (a.k.a. Robert) Roose guilty of treason for attempting to poison the bishop of Rochester. Roose was sentenced to death by boiling.

The U.S. Founding Fathers ruled out acts of attainder, too. A lot of the is from us being really terrible in the 14th to 18th centuries. (-:

https://www.jstor.org/stable/2639253

@wolfsbruder

JdeBP,

@SteveBellovin @cstross @wolfsbruder

Another thing that I enjoy is how the German Basic Law is essentially the same process all over again, as it addresses some of the warts of the #USConstitution that were learned over a century and a half. Its Bill of Rights comes first, has several unamendable provisions for the truly fundamental stuff, and is more explicit, for example.

#GermanBasicLaw #USLaw

DemLabs, to random
@DemLabs@newsie.social avatar
GuyNamedBrian, to USpolitics
@GuyNamedBrian@mastodon.social avatar

“The choice facing the nation this November is much older and deeper than Trump. A determined minority has been trying to shape the foundations of American governance for their own benefit since the inception of the republic. ... In 2024, the country is once again immersed in a pivotal battle over whom the political system should serve and represent.”

#USHistory #USConstitution #USPolitics #Election2024 #Democracy #Oligarchy #Authoritarianism #MotherJonesMagazine

https://www.motherjones.com/politics/2024/04/minority-rule-is-threatening-american-democracy-like-never-before/

Free_Press, to news
@Free_Press@mstdn.social avatar

BREAKING NEWS 🚨

VIVA LA FRANCE ❤️

France became the first country in the world to enshrine women's right to abortion in the Constitution

An article was added to the constitution:
“The right of women to freely resort to voluntary termination of pregnancy is guaranteed by law.”

chrisU,
@chrisU@mstdn.social avatar

@Free_Press

Apparently France has a “living” constitution, America does not.
Changes to the constitution are extremely difficult in US, which couldn’t or wouldn’t even ratify something as simple as acknowledging equal rights for women

itnewsbot, to FreeSpeech

Elon Musk’s X loses fight to disclose federal surveillance of users - Enlarge (credit: Justin Sullivan / Staff | Getty Images North America) ... - https://arstechnica.com/?p=1994466 #x

tiredaidworker, to USpolitics
@tiredaidworker@toot.community avatar
ap236, to Colorado
@ap236@mastodon.social avatar

Colorado Supreme Court kicks Trump off the state's 2024 primary ballot for violating the U.S. Constitution https://bit.ly/48r6y1f @cdnpoli

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

I was hoping nothing important would happen because I'm busy finishing my book again 😂

I'll answer this one:
the CO Supreme Court just ruled that the 14th amend means Trump can’t be on the state ballot. How does one appeal a state court decision to SCOTUS? (Other than a death penalty sentence)

Federal issues are appealable to federal courts.

The Supreme Court is the final arbiter of what the Constitution means. (See Marbury v. Madison)

deirdresm,
@deirdresm@hachyderm.io avatar

@mvario @Teri_Kanefield

Yes, the applies. The US Constitution requires that presidents be at least 35, so the states have to filter out people who don't meet that qualification from appearing on the ballot. Like you couldn't just vote in King Charles because he's not a natural-born US citizen, so the states wouldn't put him on the ballot.

I've only scanned the ruling, but they rely mostly on US Constitutional law. I linked the entire ruling here: https://hachyderm.io/@deirdresm/111609768689132590

AnthonyFStevens, to random
@AnthonyFStevens@mastodon.online avatar

🚨BREAKING NEWS🚨

Former Trump lawyer Rudy Giuliani has been found guilty in the defamation lawsuit & smashed with a $148m payout to the two innocent election workers he accused of swapping Trump votes for votes! 😳

He walked out of the court with a face like a smacked arse & gave a press interview where he sounded like he was about to have a mental breakdown!

The MAGA liar & fantasist deserves all he got. 🤷🏾‍♂️

https://youtu.be/0VShJKQwQMU?si=l39V810U83xacfOH

6G,
@6G@mastodon.social avatar

@Lassielmr @AnthonyFStevens

me too SAME idea, my reply was also a "beats me?" as in why did powerful, rich, republican Senators who get big bucks from many big legal donations, why did they (the ones who now say they wanted to) NOT vote to convict Trump?

maybe it's money and being told what to do, at special times, aka PAYBACK

they felt the need play the "get out of jail card" but this aint a game, it's a country and an Oath to the

jmb, to oklahoma
@jmb@okpeace.org avatar
itnewsbot, to medical

Court downplayed privacy risks to uphold cops’ keyword warrant, experts say - Enlarge (credit: living_images | E+)

On Monday, the Colorado S... - https://arstechnica.com/?p=1976790

MoiraEve, to random
@MoiraEve@mastodon.world avatar

This week, let’s celebrate our wins where we can find them | A large bipartisan coalition in both chambers of Congress just beat back the House MAGA Republicans’ attempt to shut down the government. | Chairman of the Joint Chiefs of Staff General Mark Milley spoke out against strongman rule and vocally defended the .

CultureDesk, to LGBTQ
@CultureDesk@flipboard.social avatar

A Texas law that would have restricted drag shows has been declared unconstitutional, with a federal judge issuing a permanent injunction. U.S. District Judge David Hittner said the law "violates the First Amendment as incorporated to Texas by the Fourteenth Amendment of the United States Constitution." ABC has more:

https://flip.it/b7OTAg

petersuber, to random

New study: "Majority of Americans…favor moving away from Electoral College"
https://www.pewresearch.org/short-reads/2023/09/25/majority-of-americans-continue-to-favor-moving-away-from-electoral-college/

I'm one. The problem is that we'd need a constitutional to abolish the . The minority of the national population spread among the small, thinly-populated states, holding majority power in the electoral college, also holds majority power in the constitutional amending process. Details in my 1987 article.
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1868&context=mjlr

persagen, to random
@persagen@mastodon.social avatar

[thread] GOP, politics, convention of states, Article V convention

https://en.wikipedia.org/wiki/Convention_to_propose_amendments_to_the_United_States_Constitution

  • convention to propose amendments to U.S. Constitution
  • aka Article V Convention, state convention, amendatory convention
  • 1 of 2 methods authorized by Article Five of U.S. Constitution whereby amendments may be proposed

https://persagen.com >> search: ("article v" AND constitution) OR "convention of states"

heidilifeldman, to Colorado
@heidilifeldman@mastodon.social avatar

Curious about the specifics of how the disqualifies from office or about why this means he ought not appear on the ballot in states that prohibit ineligible candidates from being listed? Read the complaint in the challenge filed in . https://www.citizensforethics.org/wp-content/uploads/2023/09/2023-09-06-08-43-07-Anderson-v-Griswold-Verified-Petition-2023.09.06.pdf 1/ short thread

heidilifeldman,
@heidilifeldman@mastodon.social avatar

The central idea is that section 3 of the 14th A disqualifies from office anybody who took an oath to uphold the and then forcibly attempts to oppose or overthrow a federal government organized under and authorized by that constitution. This is quintessential disloyalty. 2/

persagen, to random
@persagen@mastodon.social avatar

Lawsuit filed to remove Trump from ballot in CO under 14th Amendment
https://www.commondreams.org/newswire/lawsuit-filed-to-remove-trump-from-ballot-in-co-under-14th-amendment

  • filed by 6 Republican & unaffiliated Colorado voters
  • Section 3, 14th Amendment bars persons f. holding federal/state office who took an “oath…to support Constitution of the U.S.” then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”

Susan_Larson_TN, to trans
@Susan_Larson_TN@mastodon.online avatar
Susan_Larson_TN,
@Susan_Larson_TN@mastodon.online avatar

The #policy as it stands #protects #transgender #students and others from #targeted #harassment based on their #innate #characteristics, which would include #deliberate #misgendering in the case of #trans #people.

Judge Marbley ultimately #disagreed, #concluding that the #USConstitution does not contain a #right to #misgender and #bully #trans #students.

https://www.thepinknews.com/2023/08/04/ohio-bullying-trans/

itnewsbot, to machinelearning

Why AI detectors think the US Constitution was written by AI - Enlarge / An AI-generated image of James Madison writing the US Constit... - https://arstechnica.com/?p=1932658

darlulittledeer, to politics

CA Gov. Gavin Newsom proposes 28th Amendment to the US Constitution in regard to gun ownership. He proposes:
1)Raising minimum age to purchase a gun to 21
2) Universal background check
3) Reasonable waiting period for gun purchase
4) Ban civilian purchase of assault weapons

https://gov.ca.gov/2023/06/08/28th-amendment/

celset2, to random

The 14th Amendment. Congress. Pay your debt.

jrefior,
@jrefior@hachyderm.io avatar

@celset2
Wouldn't be the first time the US Congress violated the Constitution. It's kind of the norm for them.

"Hours after Scalia's death was announced, Senate Majority Leader Mitch McConnell said he would consider any appointment by the sitting president to be null and void"
https://en.wikipedia.org/wiki/Merrick_Garland_Supreme_Court_nomination

kevinjelliott, to random

Astounding. The today blocked the ratification of the , the substance of which reads, in full: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."

All but two voted against it, saying it's "unnecessary" to add to the . 50%+ of the population might beg to differ (esp post Dobbs).

https://www.politico.com/news/2023/04/27/equal-rights-amendment-senate-republicans-00094213

kevinjelliott, to random

I'm just imagining the framers of the watching the crisis unfold in slack jawed horror, disbelievingly gesturing at Section 4 and moaning ghostly moans

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