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#legal scholars
eternalistic · 9 months
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A pair of conservative legal scholars argue in a newly released paper that, under Section 3 of the 14th Amendment, former President Donald Trump is disqualified to hold office again, echoing a case long made by progressive experts and watchdogs.
In an in-depth analysis of Section 3, William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas contend that the clause "remains of direct and dramatic relevance today"
The clause states that "no person shall be a senator or representative in Congress, or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Only a two-thirds vote by both chambers of Congress can lift the disqualification.
In their new paper, Baude and Paulsen wrote that Section 3 of the 14th Amendment—known as the insurrection clause—is "self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress."
"It can and should be enforced by every official, state or federal, who judges qualifications," Baude and Paulsen argued, rejecting the notion that the First Amendment shields those who have engaged in or incited insurrection from disqualification under Section 3.
The clause, the pair added, "covers a broad range of former offices, including the presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election."
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ivygorgon · 8 months
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📈 Exclusion of Donald Trump from future ballots under Fourteenth Amendment hit 2,000 signers! https://resist.bot/petitions/PGOQGM
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The Fourteenth Amendment of the United States Constitution, specifically Section 3, disqualifies individuals who engage in insurrection or rebellion against the Constitution from holding office. This provision is applicable to former President Donald Trump due to his attempts to overturn the 2020 election and the subsequent attack on the U.S. Capitol. This disqualification operates independently of criminal proceedings, impeachment, or legislation. Legal scholars William Baude and Michael Stokes Paulsen support this interpretation. It's crucial to uphold the Constitution faithfully, even if it may lead to social unrest. Therefore, it is requested that the name of Donald Trump be excluded from future ballots in accordance with the Fourteenth Amendment. This action will demonstrate a commitment to protecting our constitutional democracy.
▶ Created on August 25 by @resistbot Action Fund · 2,029 signers in the past 7 days
Text Sign PGOQGM to WhatsApp / Messenger / APPLE MESSAGES / SMS
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william-r-melich · 10 days
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Election Interference - 04/18/2024
Trump would like to be out campaigning, and instead he has been stuck in court all day every day this week for that ridiculous "hush money" court case, for which they have already selected 12 jurors. It usually takes much longer but given that it's nearly impossible for anyone to be completely fair and impartial, especially in Manhattan, NY, the potential jurors dropped very quickly. I don't want to spend much more time on this because the whole thing is ridiculous. Trump came out of the courtroom voicing his some of his frustrations. "I'm supposed to be in New Hampshire. I'm supposed to be in Georgia. I'm supposed to be in North Carolina and South Carolina. I'm supposed to be a hundred different places campaigning. But I'm here all day on a trial that really is a very unfair trial," he said. He held up several copies of news stories that sighted many legal scholars who declared what an unprecedented, unlawful, and immoral trial this is.
He spoke with disgust and anger in his voice as he thumbed through the thick stack of papers he held. "These are all stories over the last few days from legal experts, as is Wall Street Journal editorial. But all of these are stories from legal experts saying how this is not a case and the case is ridiculous, I see another one, the case is ridiculous. Trump indictment. It's missing fraud. There is no fraud." "Justice is on trial. You know, the whole world is watching this New York scandal trial." He called it a spectacle and went on to say, "The whole world is watching this hoax."
Opening statements will be heard on Monday, April 22nd, and gag-order violations will be addressed the following day, ridiculous! From what I read about the selected jurors, there's one that appears to have a good chance of voting not guilty, but I suppose you never know. Of course, it would take only one to make it a hung jury, which would be a big victory for Trump because this is such a bad case that it would more than likely be the end of it. Like I said a couple of days ago, this case should have never been brought. What a joke!
In spite of these sham trials, Trump continues to rise in the polls. It seems like bringing these cases against him makes him more popular. So, this election interference strategy of the left is backfiring so far, good! Trump is amazing. The more he's attacked, the stronger he gets.
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wally-b-feed · 1 month
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sallyember · 7 months
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#MacArthur Foundation's 19 Newest Fellows, 2023: #Scientists, #Filmmakers, #Artists, Legal Scholars, #Sociologists, #Musicians, #Writers, #Activists and #Historians
#MacArthur Foundation’s 19 Newest Fellows, 2023: #Scientists, #Filmmakers, #Artists, Legal Scholars, #Sociologists, #Musicians, #Writers, #Activists and #Historians logo 2023 The 2023 MacArthur Fellows are applying individual creativity with global perspective, centering connections across generations and communities. They forge stunning forms of artistic expression from ancestral and regional…
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shinobicyrus · 2 years
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It cannot be overstated just how earth-shattering Alito’s leaked Supreme Court opinion is - not simply for its dismantling of womens’ bodily autonomy (though that in itself is egregious enough) but also for how it goes about overturning the foundational precedent Roe v. Wade and Planned Parenthood v. Casey are built on: the right to privacy and the due process clauses as outlined in the 14th Amendment.
Roe and Casey work on the precedent that the “privacy” of the 14th Amendment can be applied to a woman’s personal medical decisions. This is what’s called an “unenumerated right,” or a right that is implied to exist based off of what other laws say. For instance, the right to a public defender isn’t stated in the constitution at all, but was implied to exist because of a Supreme Court decision in 1963. Alito’s opinion however, asserts that a right must “must be deeply rooted in this Nation's history and tradition.”
The fuck does that mean?
Y’see, as an Originalist (like Amy Coney Barrett), Alito is concerned with the original public meaning of a law at the time it was written.
To an Originalist, since the 14th Amendment was drafted in 1868 - a time when most states criminalized abortion - to apply a “modern” interpretation of privacy to abortion like Roe did twists the 14th Amendment beyond what the drafters would have ever intended or even considered, which to Alito and other Originalists like him is Constitutional anathema.
So why is this legalese important?
Simple: while Alito insists that Roe v. Wade is a special case because abortion is a unique issue, that doesn’t change the fact that his Originalist interpretation of the 14 Amendment will topple that privacy precedent, setting a brand new legal precedent that can be applied to a huge number cases that were also decided on the 14th’s Privacy and Due Process clauses. Rights that may also lack the “history and tradition” that Alito so treasures.
What other unenumerated rights does this endanger? To name a few:
Interracial marriage (Loving v. Virginia)
The right to a public defender (Gideon v. Wainwright)
“Miranda Rights,” or a person’s legal rights being read to them by police during arrest (Miranda v. Arizona)
The right to buy and use contraceptives (Griswold v. Connecticut)
The illegality of sodomy laws (Lawrence v. Texas)   
Same-sex marriage (Obergefell v. Hodges)
Overruling Roe and Casey isn’t solely a horrible miscarriage of justice for women’s reproductive rights. If the legal logic of Alito’s draft carries into the Court’s final decision, then the legal precedence that toppled it will be legitimized and could theoretically be applied to...well. Pretty much all modern civil rights.
Now, Alito assures us that Roe is a special case and that other decisions such as interracial marriage (Loving) or contraception (Griswold) are in no danger of being overturned. They are decided law, so we have nothing to worry about.
Except...that’s exactly what a few recent Supreme Court nominees said about Roe, as well.
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hyruleanascendant · 5 days
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"Wait, is that. . ?" She sputters out, leaning down over the grass, hands pushing through the green.
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"Ta-da~!" She shows you a frog she found.
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"Some studies have reported that, when added to dishes or elixirs, they hasten those who consume them, allowing them to act with much greater agility!"
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peachdoxie · 2 years
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au where after Vlad's identity is revealed, he files a wrongful death suit against Jack in civil court.
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fatehbaz · 9 months
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In this remarkably rich account of land and profit-making in colonial Calcutta (now Kolkata), Debjani Bhattacharyya traces the transformation of marshes, bogs, and muddy riverbanks into parcels of fixed, bounded, and alienable property under British colonial rule. Framed evocatively as a “history of forgetting” (6), Bhattacharyya details the everyday enactments and contestations of imperial power undertaken by colonial officials and merchants, hydrographers, Indian property owners, urban planners, surveyors, and speculators between the 1760s and 1920. Over this period, the fluid and culturally multivalent spaces of the delta were translated and transformed into “dried urban landscapes of economic value” (12). [...] [T]he economization of space was so encompassing that earlier ways of understanding and inhabiting the delta’s shifting lands and waters were [obscured] [...].
The British thus had to produce landed property both conceptually and materially in a process that proceeded through two entangled registers of power. The first was the legal register, which translated shifting and indeterminate aqueous spaces into apparently solid landed property through modes of legal classification and arbitration. The second register of power concerned hydraulic technologies of drying and draining the landscape (10), which materialized these legal categorizations in the production of urban space. 
By the early twentieth century, these “technologies of property” (5) had produced new lines between land and water in the city and rendered its fluid ecologies, such as marshes and bogs, as valuable “land-in-waiting” (172) for property development and financial speculation. [...] 
[T]he delta’s fluid ecology emerges at times as a limit on the property-making activities of the East India Company and the British Crown [...]. Bhattacharyya’s account highlights the mobility of the delta’s fluid landscape, with water, silt, and mud taking on agentic roles and shaping historical trajectories. [...] [Bhattacharyya] provides a fascinating account of the meanings of rivers and other watery spaces in Bengali cultural life, drawing on folk songs, poetic genres such as the maṅgalkāvya, storytelling, and forms of artistic representation such as painted narrative scrolls. [...] Bhattacharyya recovers forms of relationality and claim-making in the fluid deltaic environment that exceed the representations of colonial cadastral surveys and revenue records. [...] 
[H]owever, Calcutta became increasingly disconnected from its watery past. [...] [There was an] increasing entanglement of the urban land market with infrastructural projects to dry land and control water. These included the excavation of an extensive network of canals; the construction of docks in Khidderpore and the draining of the Maidan [...]. A collective amnesia about Calcutta’s fluid ecologies set the stage for the emergence of a speculative real estate market by the beginning of the twentieth century [...]. This period saw Calcutta’s remaining wetlands and marshes rendered as “land-in-waiting for property development” (169) in a process that continues to the present day.
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All text above by: Calynn Dowler. “Debjani Bhattacharyya, Empire and Ecology in the Bengal Delta: The Making of Calcutta.” Asian Ethnology Volume 80 Issue 1. 2021. [Bold emphasis and some paragraph breaks/contractions added by me.]
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thenegoteator · 7 months
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the only succession drama i care about is the case of whether reichsgraf friedrich karl von pückler-limpurg could rightfully inherit his daughter's estate
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pilferingapples · 1 year
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LM 1.2.7
just a stray thought right now, but this :
He admitted that he had committed an extreme and blameworthy act; that that loaf of bread would probably not have been refused to him had he asked for it
is really interesting to me? The idea that Valjean, as crushed and alienated as he was at the point he was making this judgement , still believed the baker would have just given him the loaf-- that can't be rose colored glasses at that point, right? ..mild spoiler territory
And that makes me wonder if the baker even pressed charges, or if this, like Fantine's arrest later, is something that happened because it was Seen , and a cop decided to make the charges regardless of anything the person Valjean actually tried to rob might have said? (I'm not sure if breaking and entering/robbery would have/could have been treated the same way--if anyone has a stronger understanding of the laws in place at this point, let me know?)
-which ..on the one hand def. a lot of what goes on in LM is individuals being bigoted and horrible! but also there's room in the book for a lot of individual kindness and understanding. But the legal system is always awful! and Valjean getting arrested and his family destroyed by law even while the guy he committed the crime against would have been willing to let it go seems like the sort of thing that Fits...
but maybe there's some quirk of the law that would have prevented it ? because the legal system never breaks the law of course /s
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carewyncromwell · 1 year
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“Are we too far apart? Two worlds among the stars? You’re gonna take a piece of my heart if you leave... So it’s two separate ways, Or am I too late to say, I wanna fight for what we got? ‘Cause I believe in family...in family...”
~“Family” by TobyMac
x~x~x~x
I gotta say, I didn’t think I’d become so attached to Carewyn’s youngest cousin Tristan when I decided to write for him in that one drabble I did, but...yeah, here he ended up as a young adult with Carewyn in my sketchbook! Go figure! XD
But yeah, this is Tristan Cromwell, age 18, and dressed to the Goth Victorian nines. Yes, that is his aesthetic -- he would’ve 150% been that Tim Burton-obsessed weirdo kid, if he’d been raised in the Muggle World. I see this being him reaching out to his now-nearly-30-year-old cousin Carewyn at the Ministry of Magic, specifically talking at that one fountain in the center Atrium, which has gone through some changes since its pre-Wizarding-War days and especially since the Wizarding War itself. As you can see, Tristan’s grown up a lot since he appears in that drabble -- a bit personality-wise, yes, but definitely physically. Tristan ends up being the tallest and lankiest of all the Cromwells at 5′11″, making him both an inch taller than his father and the same height as his deceased grandfather, Charles. It also means he towers over Carewyn, the smallest Cromwell at 5′3″.
Despite his and Carewyn’s differences, though, Tristan as a young adult really becomes all the more motivated to fix the rift in his broken family. (I’m not joking, while working on this, I must have played Scott Shattuck’s cover of Waiting on a Miracle a good twenty times, imagining it as a theme for adult!Tristan.) As Blaise’s only son and heir, he’s presumed to be the one who’ll have to take on the mantle of leadership for the Clan, even while the youngest of the Cromwell cousins, so Tristan feels an obligation to do what his father has been unable to and bring Carewyn, Jacob, and Lane back into the fold. One lesson Tristan does internalize that Blaise never does, however, is that love is about sacrifice, not just possessive control...a lesson bolstered by his interactions with his favorite "bastard cousin,” Carewyn. I could even see Tristan seeking out Carewyn’s help with getting a position at the Ministry as an adult, since his father’s influence is far less than Charles’s was back in the day and Tristan’s lack of real-world experience, connections, and social skills hampers him in his job search.
“I’m a Cromwell! I’m not supposed to have to struggle to get the respect owed me.”
Fortunately for however proud and entitled Tristan is thanks to Blaise’s toxic influence, he also is painfully aware of his duty to his family and is determined to be the best Head he can be...even if it required him taking a desk job he’d be miserable at.
“Wouldn’t I, what, prefer to do something else? Obviously. I’ve been locked up inside nearly my whole life -- you don’t think I don’t wish every day I could just pack my bags and go running off into the sunset on some whirlwind adventure, the way your brother does? Hell, reckon even your precious Quidditch player’s able to do that sometimes, with how much travel he must get up to...
“...But...I can’t. Not when it’d break Father’s heart. Not when the whole Clan needs leadership, and just about all of them presume it has to be me. It’s not like it could be anyone else, really. Elmer’s not the leadership sort, and Arsen and Kain...they can’t even score a promotion with the Hitwizards, let alone take charge of the Clan. And Heather, Dahlia, and Iris, feh -- the Manor would probably get burned to the ground in a week if they called the shots.
“I was raised to do this, by my father. I have to do this, the way he has -- but I can’t do it his way. Not just because the Cromwell name’s been tarnished and Father can’t help me get ahead the way Grandfather did for him, but because...well...”
“...You’re not your father.”
“...Yes. And...if anything is going to get better, with our family...if I’m ever going to make things right...I can’t be like him, either. No matter how much I love him and no matter how much I want to make him proud...if I’m going to make that dream come true, I have to do things my way.
“So just...put in a good word for me, will you? Maybe Father’s word doesn’t have weight here at the Ministry, but yours does. You’re the Ministry’s Star Prosecutor, after all. Even if I do have to be stuck indoors all day, well, at least it’ll be a different ‘indoors.’ And I know Father will be pleased, if I ended up in your Department. Sure he’ll see it as the perfect excuse to try to lure you back home...”
Tristan’s lips were curled up in an amused, mischievous smirk, when he said this: one that made him more closely resemble that thirteen-year-old boy Carewyn had seen back at the Cromwell Manor during the War.
As one can expect, Carewyn didn’t flaunt her influence around to get Tristan a job the way he wanted...but, feeling some compassion for her cousin, she did line up several promising Ministry internship opportunities for him -- one with the Department of International Magical Cooperation, one in the Department of Magical Games and Sports’s office closer to Quidditch League Headquarters, one at St. Mungo’s sponsored by the Accidental Magical Reversal Squad, and even three for the Department of the Regulation and Control of Magical Creatures. None of those opportunities, however, were in Wizarding Law. 
Sorry, Tristan -- but I think you’ve had more than enough of being stuck indoors.
After much deliberation, Tristan selected one of the internships for the Department for the Regulation and Control of Magical Creatures, specifically the one that required him to work with the Dragon Research and Restraint Bureau, exploring more humane methods of transport for the creatures across Muggle-occupied areas. Tristan’s extensive knowledge of magical creature anatomy ended up being very helpful in this task -- though the best part of the experience, by far, ended up being when he was able to finally see a real-life Welsh Green for the first time. After only ever knowing such creatures as models and drawings in books, Tristan almost couldn’t breathe when he was able to actually reach out and touch one, with his own hands.
Blaise would probably be more than a little disconcerted about his son ending up so close to such a dangerous creature -- but in that moment, Tristan couldn’t keep the huge grin off his face as he ran a hand gently along the dragon’s comb, rubbing his wet eyes on his sleeve. He’d never been so happy in all his life.
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#hphm#hogwarts mystery#my art#tristan cromwell#carewyn cromwell#my writing#blaise cromwell#jacob cromwell#orion amari#yes for the record carewyn's become legal partners with orion at this point#blaise hates orion's guts LMAO#he thinks carewyn deserves better than 'some orphaned broom jockey'#tristan acts condescending too because he's seen the whole situation through his father's filtered perspective#but he at least is a bit more conscious of the fact that orion's a famous quidditch star#arsen and kain both love quidditch like their mum did XDDD#iris also may or may not have swooned over some of the sexier quidditch stars out there a few times#when she didn't think the adults could hear >)#dahlia's type is more 'scholar' and heather's type is more 'action hero'#but yeah anyway tangent aside tristan's actually a bit more okay with carewyn dating orion because hey he's famous#that's cool#even if yeah winnie isn't even getting married and having a 'real' family that weirdo *impish grin*#hey tristan is blaise's son what are you gonna do#at least he's more just immature naive and proud rather than an emotionally toxic gaslighter#tristan has actually thought a few times that carewyn would be a good leader of the Clan#but he knows she wouldn't be able to bring them together -- there's just too much baggage there#if he's going to be head of the Clan though tristan would want carewyn's support#he wants both her and his father's advice on this journey he's taking and he's hoping to walk a path between them#time will tell how well that will go#this pic is set in 2002 for the record -- tristan is 18 and carewyn is 29
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eileenleahy · 5 months
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hmm. once again tumblr users proving they do not understand that misogyny exists and that it is perhaps useful to gauge how a Certain Empowered Gendered Class treats Certain Others. misogyny doesnt disappear when the law erases gender. statistics on men's violence against women (once again reminding tumblr users that nearly THREE WOMEN PER DAY are killed in the usa by intimate partners) disappear without gender recognition. without the ability to create statistical categories, we cannot perform statistical analysis. and actually it may be useful for the law to take gender into account when these gendered power dynamics are at play. yall can understand why "i dont see color" is intrinsically problematic but cant apply the same logic to misogyny
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corvidaedream · 10 months
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obsessed w the fact that im desperately trying to research (for funsies, not work) this one civil case from 1771 where John Adams was the defense for this guy, and the only primary source on it ive ever found is from Adams's notes from the trial
and ive been stuck thinking about this for over two years now bc i want to know more about the guy who was suing for damages but he continues to elude me, but I keep talking about the case w people bc everything about it is so chaotic
and i just realized the other day "oh, Adams's diaries are digitized and searchable, maybe he has more details in there, surely this was Notable"
and the only day of the trial he even mentions it, hes just like. the court sat today. and lists what he had for dinner and details a discussion of chickens he had w his in-laws.
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wally-b-feed · 1 month
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amazingspidermans · 2 years
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ive already seen several ”this is like sharia/sharia law/middle east” posts in response to the overturning of roe v wade and restrictions on abortion so lets just make it very clear: muslim women have the right to an abortion for any reason under the guidelines of islam. if you can’t argue for reproductive rights without involving your racism, islamophobia, or any other form of prejudice, then sit back down and shut the hell up
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