“The Constitution is clear,” Miller told reporters outside the White House. “The privilege of the writ of habeas corpus can be suspended in a time of invasion. So, to say that’s an option we’re actively looking at … a lot of it depends on whether the courts do the right thing or not.”

  • merthyr1831@lemmy.ml
    link
    fedilink
    English
    arrow-up
    2
    ·
    3 hours ago

    “can be suspended during invasions” is one of those funny little clauses dotted along “”“liberal”“” states that reminds you that fascism deeply embedded into the system by design, and always as a protective measure for the status quo

  • Gucci_Minh [he/him]@hexbear.net
    link
    fedilink
    English
    arrow-up
    71
    ·
    1 day ago

    Genuinely surprised no one in the US who was about to be a victim of state sanctioned kidnapping has decided death is preferable to CECOT and just started [redacted] ICE agents.

  • HelluvaBottomCarter [comrade/them]@hexbear.net
    link
    fedilink
    English
    arrow-up
    80
    ·
    1 day ago

    “The executive is going to skip habeas corpus if the courts don’t support our current disregard for habeas corpus”

    “Checks and balances” was a masterful marketing slogan. It’s worked on people for almost 250 years.

    • PKMKII [none/use name]@hexbear.net
      link
      fedilink
      English
      arrow-up
      41
      ·
      24 hours ago

      Whatdaya mean the court having no enforcement mechanism for its power of determining constitutionality that it granted itself isn’t a useful check?

      • PorkrollPosadist [he/him, they/them]@hexbear.net
        link
        fedilink
        English
        arrow-up
        67
        ·
        edit-2
        1 day ago

        And then you have absolute dick holes like this

        POINT OF PROCESS! nerd Suspending the right to a trial is ACTUALLY under the jurisdiction of Congress. No argument with the explicit justification of crushing rebellion, just that the Cheeto is doing it instead of a bipartisan Committee on Un-American Activities.

        The Constitution is shit. It is a slaveowner document. The Bill of Rights, in a vacuum of both textual and historical context, is okay, but all these motherfuckers who wax poetic about The Constitution need to actually read Articles I-V. They need to read the Federalist papers. They need to understand this was meant to be a plantation / finance / settler colonial aristocracy from the very beginning. The bicameral legislature was literally designed to undermine democracy. The electoral college was literally designed to undermine democracy. There has been an outspoken contempt for the will of the people from the very founding of this republic. The “founders” don’t even attempt to hide this in their literature. They explicitly state this as their motivation on several occasions.

        In the first couple years of Trump 1.0, I got the impression that the USA had lost its way. I started reading a bunch of this shit, trying to figure out where things had gone wrong. What I discovered was that everything is actually working exactly as intended.

          • Euergetes [none/use name]@hexbear.net
            link
            fedilink
            English
            arrow-up
            13
            ·
            23 hours ago

            this is a norms-pilled analysis, the material strength of the players was very different in that period. if states had actually opposed Jackson he’d have been fucked, the federals didn’t have the strength to militarily overwhelm even one state, but none of the state governments, especially those concerned with the ruling, cared to.

            by the time of bush (and this had been the case since truman or thereabouts), the federal government, and executive office had assumed absolute soverignty.

            • Frogmanfromlake [none/use name]@hexbear.net
              link
              fedilink
              English
              arrow-up
              8
              ·
              edit-2
              23 hours ago

              The thought occurred to me as soon as I made the comment lol Wilson was a better example.

              Also I have no idea what norms-pilled mean. I have trouble keeping up with these things.

              Edit: Jackson did plant the seeds though. The Nullification crisis was all about his willingness to use military force against South Carolina for opposing his tariff. Would he have been fucked if he had planned to do what he intended to? Henry Clay seemed to think that South Carolina would have been fucked had the compromise not pulled through.

              • Euergetes [none/use name]@hexbear.net
                link
                fedilink
                English
                arrow-up
                12
                ·
                21 hours ago

                norms-pilled just means the a focus on the forms of democracy to a neglect of the material situation–the constitutional/legal violations of jackson and trump are the same, but the latter has much more actual power.

                but yes jackson planted the seeds, I think some of those fascists doing unitary executive theory use his example.

                nullification is interesting because the prevailing interpretation is that Jackson avoided a civil war by his conduct, and whatever the man actually thought he was constrained by a political reality of the feds being weaker than states. Could 2,000 regulars have taken Charleston? yeah. could those 2,000 defeat NC, GA, whoever else decided the response to SC was an overreach? Mind the North did not like Jackson so much as Lincoln.

                His naval solution to the Nullification, and the gracious settlement after was a very adept way to handle it while avoiding escalation