• 1 Post
  • 275 Comments
Joined 2 years ago
cake
Cake day: August 14th, 2024

help-circle






  • because people need to understand that there’s serious consequences for these types of things

    Everyone understands that. That’s not a question.

    All this will do is provide something inside these terror networks to play over and over and over to their recent converts. A public execution of these radical attacks only serves to encourage more of the exact same thing. There’s no part of it that’s discouraging.

    These terror networks will literally play it over and over again. They will tell their people. “Hasan killed 13 of them and he is now dead and in heaven for his actions. The US will make you all martyrs and your kin will know your acts.”

    Like Hegseth has literally no clue who he is dealing with. The people who he acts like this will discourage, all it will do is make happier to jump at the chance to have the same thing happen to them. He’s going to make the best recruitment tool for these terror organizations.


  • No. Additionally, Tennessee does not have firing squad as a listed method of execution.

    TCA § 40-23-114

    (b) Any person who commits an offense prior to January 1, 1999, for which the person is sentenced to the punishment of death may elect to be executed by electrocution by signing a written waiver waiving the right to be executed by lethal injection.

    That’s her only option, outside of the savings clause in (d) which permits any other method if all other methods listed are unconstitutional.

    Also for your other question, yes. Things like espionage, high treason, aid and comfort to the enemy, large scale drug trafficking, etc… But usually if it isn’t because you murder someone, it has to be that you’ve done something really bad. Like if you gave tactical blueprints of thermonuclear devices employed by the United States to North Korea and the blueprints for the vehicle to deliver those devices, yeah, that’s getting up there.






  • As you’ve discovered, there’s another element before a court accepts a case. Standing.

    To have standing, you must show that you have a personal and direct stake in the outcome. You cannot sue just because you are angry or disagree with a law. Courts only solve real, active disputes, not hypothetical questions.

    Congress has to bring the suit. Courts have routinely held that in order for “Congress” to have standing in court, they must show that “Congress” has a direct stake in the outcome. To show they do so have such a stake, they routinely vote on a Resolution to establish that Congress as a body is bringing the case.

    So while individual members might try to bring a case, it really depends on what’s to be litigated before the court. A President not following the law usually indicates that Congress who created the law, is the one who is to bring it. But if the President does something that affects specifically a single member, then that member by themselves would have standing.

    Citizens can sue if they can show they were directly harmed and have a direct stake in some resolution to the harm.

    As far as, the Senate or the House, it depends on the injury being talked about. A simple resolution from a single chamber is the most common when the injury is specific to that chamber. A joint or concurrent resolution (by both chambers) usually is to address a broad power violation. It really depends and it’s up to the Judge to uses what’s come before as a guide.

    The House usually originates the spending, and so if that’s the topic, usually just the House is enough. If the President is abusing something like war powers, then that is indicated in the Constitution as “Congress” as in the entire thing. So both chambers might be needed to have standing, unless the issue at hand is that “The President has abused their war powers and not reported to the House Oversight Committee”. In that case, the argument is that the President isn’t reporting their abuse to a single chamber and thus only the House is required to have standing. Same if the Senate is conducting an investigation and the President refuses the subpoena. The injury is just to the Senate in that case.

    It all depends on how the entire thing is brought before the court.


  • Article III section 2 of the US Constitution.

    The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

    Congress can say the President has done something illegal. The President can say they have not done anything illegal. You now have a controversy. The Constitution indicates that the judicial power will now handled it.

    To sue someone or something means in the strictest of senses, “I wish to bring this matter before a court of law.” So a controversy has arisen, the courts have the right to review it. The Constitution outlines who is allowed to do what, and nobody is allowed to step out of that. So if a controversy wasn’t present, the the courts would have no jurisdiction.

    Congress believes there is a controversy and thus they are suing. That means they wish to bring the controversy to the thing that’s indicated in the Constitution to settle such a thing.

    However, you run into the very first question, “Is it a TRUE controversy? Or is it just a disagreement?” This is the no political questions doctrine. Congress and the President routinely disagree on things. The Courts aren’t there to settle a disagreement. It has to be a genuine controversy. That means “The law objectively says XYZ. The President specifically did not do XYZ. Ergo, this is not a disagreement but a President who is not following the letter of the law which is a controversy.”

    So like anything Congress brings up, the President is allowed to say it’s not a controversy. What the ruling on that question, the President or Congress can appeal it. If the appeal isn’t good enough, the Supreme Court gets to make a final ruling. Once a controversy has been established, THEN, there’s the actual case. The the final decision of the case can be appealed and then brought before the Supreme Court.

    Rarely do we actually get that far with things because you can’t get all that stuff done within a single President’s term. And the real reason a Controversy is attempted is to get discovery and things the President has been doing on the public record. Depends on what Congress is looking for. Perhaps they want to ensure Musk stays out of politics forever, a deep and heavy discovery process into him may just do that.

    But Congress can bring a suit to the Courts so long as it’s within the powers of the Constitution for Congress to do so.



  • No it only applies to books because books have an entirely different legal system than everything else.

    SCOTUS case: White-Smith Music Publishing Co. v. Apollo Co. (1908) created a new issue for the Government about copying people’s printed works.

    Copyright Act of 1909 is passed. New framework is established, books get an entirely different legal system from everything else. Publishers lobbied to prevent it’s passage and fought it especially hard in the Great Depression because libraries were becoming very popular during that time.

    But printed books have a whole different thing that applies to them that doesn’t apply to anything else. So you can’t use “physical medium” because books are a special case and have their own special US law.

    For books, transformative, has to deal with the intent.

    • Book - I want to read them.
    • Anthropic - I want to convert it to weights for use in massive matrix multiplication operations.

    Since the intent is different, the book first sale doctrine applies here to grant transformative. Which is but just one pillar in their defense.

    Same goes for what Google did like a decade ago.

    • Book - I want to read them.
    • Google - I want to convert it to a searchable database of terms that can refer you to the correct ISBN.

    And transformative applies too to things like DVDs, it’s just under a different framework known as the DMCA.

    • DVD - I want to watch the movie.
    • MP4 - I want to watch the movie.

    That’s not transformative.

    • DVD - I want to watch the movie.
    • MP4 - I want to take clips to make memes.

    That is transformative. And again, transformative is but one thing out of the whole “fair use” thing.

    This is the thing. Those news articles are oversimplifying a massive amount of legal technicalities. I’m not saying what Anthropic is doing is correct or not. What I am saying is that the conclusion that people are getting from these stories is like the last 10% of a massively technical legal battle. And running with that small amount can lead to conclusions that aren’t true.

    And I know someone is going to bring it up. No you aren’t LEGALLY allows to rip a copy of a DVD for your personal use. Violates the DMCA. BUT in order to sue you, a publisher has to know ahead of time before discovery, that you broke their encryption scheme, which if you only keep it personally, is impossible for them to ever enforce. So we have a law that is written in a way, that if you never put it online, it’s impossible to enforce the law. As a summary of how all that works.


  • It won’t matter the AI or not at this point. This has baked and changed production so much that even if AI fell out tomorrow, it’d take years to retool and undo the amount of tooling chip makers have done to commit HBM DRAM.

    Like a lot of the tooling that was done was done on the back of speculation. Now that it’s done, undoing it would cost a fortune and that price is going to be amortized by the customer. And since we’ve baked this new higher price for so long, it’s going to take forever to cool it back off.

    AI or not, these prices are the new normal price. Things like ARM desktops, those are going to be the average consumer computer. Things with discrete GPUs and RAM that is user serviceable, that’s becoming niche. There’s already been way too much investment in that direction to go back at this point. I mean you even look at DDR6 desktops, CAMM2 is the compromise normal there too. You don’t buy 4x8GB, you buy a 32GB block, that’s it. You have the one slot, that’s it.

    The AI thing, it’s just pushed a lot of other things past the point of return. While there might be some reduction after the fall of AI, even if chip makers swapped back to desktop product as fast as they can, they’ve invested so deeply into AI, that fast as they can is years before consumers will ever see relief, if ever.

    At this point, I see PCs adopting the Apple way of putting it all in a single chip approach. Just because, that’s where a lot of investment has already gone and if RAM tanks, they’ll want to hold onto whatever investments they’ve already made rather try and blaze a new path.