Kim Wehle points out that the same Republicans who worked to undermine the impeachment of Donald Trump for valid reasons now want to impeach President Biden on bogus grounds. She writes,
“We must all keep our eyes on the big picture, and see clearly what these impeachment proceedings against Biden mean:”
India’s Justice System Is No Longer Independent
Part I outlines the constitutional framework of India’s justice system and how the Modi government has sought to exploit the system’s weaknesses.
Part II delves into the strategies employed by the Modi government to undermine the autonomy of the judicial branch.
Part III concludes this series, detailing how India’s judiciary has been complicit in the Modi government’s prosecution of political opponents.
#IndianJudiciary #courts #JusticeSystem #law #SupremeCourt #collegium #JudicialAppointments #BJP #kashmir #NRC #assam #JudicialIndependence #NarendraModi #democracy #PressFreedom #constitution #hindutva #communalism #dissent #RahulGandhi #india
Trump’s #threats against #Milley came after The Atlantic’s pub of a profile of Milley, by (its) ed in chief Jeffrey Goldberg, who detailed the ways in which Milley attempted to #protect the #Constitution from #Trump.
& yet, none of the nation’s front pages blared “Trump Suggests That Top General Deserves Execution” or “Former President Accuses General of Treason.” Instead, the post barely made the news. Most #Americans who don’t follow Trump on #SocialMedia probably don’t even know it happened.
The #Patriot - How #General #MarkMilley protected the #Constitution from #DonaldTrump. In #normal times, chairman of Joint Chiefs, principal #militaryadviser 2 #president, is supposed to focus his attention on America’s #nationalsecurity challenges, & on #readiness & #lethality of its #armedforces. But the 1st 16 months of Milley’s term a period that ended when Joe Biden succeeded Donald Trump as president were not normal because #Trump was #exceptionally #unfit to #serve https://www.theatlantic.com/magazine/archive/2023/11/general-mark-milley-trump-coup/675375/
🧵🗽🗳️🙋🙋♀️ Fil : La démocratie directe et la participation populaire dans la #DDNM (extraits) ⤵️
#démocratiedirecte #participationcitoyenne #vote #Referendum #démocratie #citoyenneté #souveraineté #politique #droitshumains #peuple #citoyens #France #elections #Republique #budget #constitution #UE #justice #loi
The Oligarchic Revolution Unfolds:
James Buchanan’s ideas began to have huge impact, especially in America and in Britain.
In his home country, the economist was deeply involved in efforts to #cut #taxes on the wealthy in 1970s and 1980s and he advised proponents of #Reagan Revolution in their quest to unleash markets and posit government as the “problem” rather than the “solution.”
In Britain, Buchanan’s work helped to inspire the public sector reforms of Margaret #Thatcher and her political progeny.
MacLean illustrates that in South America, Buchanan was able to first truly set his ideas in motion by helping a bare-knuckles #dictatorship ensure the permanence of much of the radical transformation it inflicted on a country that had been a beacon of social progress. The historian emphasizes that Buchanan’s role in the disastrous #Pinochet government of Chile has been underestimated partly because unlike Milton Friedman, who advertised his activities, Buchanan had the shrewdness to keep his involvement quiet.
With his guidance, the Chilean #military #junta deployed public choice economics in the creation of a new #constitution, which required #balanced #budgets and thereby prevented the government from spending to meet public needs. #Supermajorities would be required for any changes of substance, leaving the public little recourse to challenge programs like the #privatization of social security.
The dictator’s human rights #abuses and #pillage of the country’s resources did not seem to bother Buchanan, MacLean argues, so long as the wealthy got their way.
“#Despotism may be the only organizational alternative to the political structure that we observe,” the economist had written in "The Limits of Liberty".
If you have been wondering about the end result of the Virginia school philosophy, well, the economist helpfully spelled it out...
In 1965 James M. Buchanan launched a center dedicated to his theories at the University of Virginia, which later relocated to George Mason University.
Nancy MacLean describes how he trained thinkers to push back against the Brown v. Board of Education decision to desegregate America’s public schools and to challenge the constitutional perspectives and federal policy that enabled it.
She notes that he took care to use economic and political precepts, rather than overtly racial arguments, to make his case, which nonetheless gave cover to racists who knew that spelling out their prejudices would alienate the country.
All the while, a ghost hovered in the background — that of John C. #Calhoun of South Carolina, senator and seventh vice president of the United States.
Calhoun was an intellectual and political powerhouse in the South from the 1820s until his death in 1850, expending his formidable energy to defend slavery. Calhoun, called the “#Marx of the #Master #Class” by historian Richard Hofstadter, saw himself and his fellow southern oligarchs as victims of the majority.
Economists Tyler #Cowen and Alexander #Tabarrok, both of George Mason University, have noted the two men’s affinities, heralding Calhoun “a precursor of modern #public #choice theory” who “anticipates” Buchanan’s thinking.
MacLean observes that both focused on how #democracy constrains property owners and aimed for ways to restrict the latitude of voters.
She argues that unlike even the most property-friendly founders Alexander Hamilton and James Madison, Buchanan wanted a private governing #elite of #corporate #power that was wholly released from public accountability.
Suppressing voting, changing legislative processes so that a normal majority could no longer prevail, sowing public distrust of government institutions— all these were tactics toward the goal.
But the Holy Grail was the #Constitution: alter it and you could increase and secure the power of the wealthy in a way that no politician could ever challenge.
#JohnKelly, ret #Marine #general who served as COS '17 '18, said #Trump is the “most flawed person” he’s ever met. #Mattis, …also a ret Marine gen & served as Trump’s 1st secy of #defense, has told friends & colleagues that (TFG) was “more #dangerous than anyone could ever imagine.” It is widely known that Trump’s 2d secy of #defense, #Esper, believed that (TFG) didn’t understand his #duties, much less the #oath officers swear to the #Constitution, #military #ethics, or the #history of #America.
so much about this makes my heart hurt & my intellect fearful…still, read it, gifted…
By Jeffrey Goldberg
BUT, if given a CHOICE, #Kelly said, he should avoid the role.
#NoraDannehy speaks publicly about why she quit the #DurhamInvestigation. As you can probably guess, she couldn’t stomach being part of the #Constitution -shredding #TrumpCrimeSyndicate any longer! 👉 https://ctmirror.org/2023/09/20/nora-dannehy-ct-supreme-court-trump-doj-investigation/
Will this teach #MAGA morons anything, or will it go in one ear breezily out the other? You can probably guess the answer to that rhetorical question as well! 👂💨
The most misleading capitalist (counter-)concept is that anarchists have no rules and thus are unethicals.
The majority I have met are auto-organised, some are trained to write a local Constitution, I think about France, Grenoble. Some like me believe in the smallest group of people (locally or not) to organise a community.
Keywords: #organisers, #Constitution, #commune.
Australia Usually Says "No" To Any Kind Of Progress
'Secular Socialist' Removed From Preamble In New Copies Of Constitution Handed Over To MPs: Congress Leader
Congress leader in Lok Sabha Adhir Ranjan Chowdhury on Wednesday claimed that the new copies of the Constitution handed to the MPs before entering the new Parliament building did not have the words ‘socialist secular’ in its preamble.
It's debatable whether we really need a Constitution. New Zealand doesn't have one. It has a Constitution Act, an act of their own Parliament that has been rewritten a couple of times (IIRC). England doesn't have one.
A Bill of Rights is probably more fraught than a Constitution.
It's hard to get a good balance between the legalities and the politics. Which do we want to have most influence, the legislature (elected) or the judiciary (appointed)? A Bill of Rights would tend to favour the latter. Then again, a Constitution is subject to judicial interpretation too.
As to whether Australia should "become" a Republic: Australia is one of a very few nations which is explicitly a Commonwealth. A Commonwealth is a form of Republic with a focus on the public good.
Monarchy is a convenient way of choosing a Head of State. Do we really need HoS? If so, how else would we choose one?
The 'Unity' Argument Is Invalid
It's too hard to change Australia's Constitution. That's dangerous. That which cannot adapt will die.
"Reforming this flawed referendum process is a conversation the nation needs to have before we embark on anything else to do with the Constitution."
#AusPol #Constitution #Referendum
Simultaneous elections: What are the implications for Indian federalism?
Strengthening governance is more complex than simply reducing the number and frequency of elections. Louis Tillin writes.
#OTD in 1787, 39 delegates to the Federal Convention signed the #Constitution.
#JamesMadison knew it wasn’t perfect, but he also knew the 13 states had come perilously close to disunion without it.
40 yrs later, in 1829, he reflected: “The happy union of these States is a wonder: their Constitution a miracle: their example the hope of Liberty throughout the World. Woe to the ambition that initiates the destruction of either.”
📸 Kenton Rowe, courtesy of The Montpelier Foundation.
🧵⚖️🧑⚖️👩⚖️ Fil : La justice dans la #DDNM (extraits) ⤵️
#droit #HumanRights #justice #tribunaux #Constitution #égalité #avocats #juges #magistrats #judiciaire #séparationdespouvoirs #EtatDeDroit #pénal #victimes #ConseildEtat #CourdeCassation #crimes #délits #droitshumains #MeToo #droitdesmigrants
Bhagat Singh was hanged by the British rulers on March 23, 1931, along with his comrades Rajguru and Sukhdev after being tried under charges of hatching a conspiracy against the British regime
#PakCourt #Objection #ReopeningCase #BhagatSingh #Sentencing #Constitution #LargerBench
"Harvard Professors #StevenLevitsky and #DanielZiblatt, co-authors of '#Tyranny of the Minority,' and 'How #Democracies Die,' join #AliVelshi on #MSNBC"
Sept.17 marks the anniversary of the signing of the #Constitution.
#JamesMadison wrote to #ThomasJefferson in March 1787, when plans were underway for the #ConstitutionalConvention, “What may be the result of this political experiment cannot be foreseen.”
11 days before the Constitution was signed, Madison wrote Jefferson, “If the present moment be lost it is hard to say what may be our fate.”
As Constitution Day is coming up this weekend, I thought I'd highlight an episode on one of the lesser-known signers of the Constitution - James McHenry. If you haven't given it a listen yet, check it out this weekend! #Constitution #McHenry #history https://www.presidenciespodcast.com/satt-009-james-mchenry/
The #constitution is crystal clear that the government, all three branches, must honor the US debt. It's BOX SCORE Friday. What's the super nonpartisan score for #POTUS invoking the #14thAmendment to avoid the default crisis? https://flipboard.com/@policykeys/policykeys-where-can-we-agree-kic2ojjty #WhereCanWeAgree? #politics
Me 🤝 T••••ers
no longer believing
in the #constitution
(for opposite reasons)
Namely, how white-supremacist it is :D
#California calls for constitutional convention on gun control
>>California on Thursday became the first state to officially call for a convention to add a gun control amendment to the U.S. #Constitution.
Two great events happening tomorrow (Saturday 9/16):
• 2:00-3:30 Day of Democracy at the Free Speech Wall — music and speakers
• 2:00-9:00 C'ville Sabroso Latino Cultural Festival — music, food, dancing, and crafts from across the Latino/Hispanic world.
Sunday 10:30am-5:30pm — Charlottesville Pride at Ix Park
Visit all three events if you can!
.@Harvard #constitutionallaw professor Laurence Tribe is at the forefront of calls to disqualify #Trump from holding office under the #14thAmendment. In this must-see interview, Professor Tribe joins @jessicadenson07 to discuss the #enforcement efforts now in full swing, debunk common #misconceptions about #Section3, and counter the spectrum of excuses for not following the #Constitution.
Back in the 1940s, Karl Polanyi pointed out that, in societies that we like to call "primitive", nobody goes hungry unless everyone is hungry. Nobody goes homeless unless everyone is homeless.
The creators of our Constitution considered the concept of Commonwealth so important that they included it in the title of our nation. I reckon they were onto something.
#AusPol #VoiceToParliament #Commonwealth #PublicGood #Constitution #Republic #Economics #Capitalism
If our Constitution proves impossible to change, then maybe we need to reconsider the whole thing. What can't change is doomed. Inability to adapt ensures failure.
First off, do we need a Constitution at all? New Zealand doesn't have one (they have a Constitution Act - an Act of their own Parliament which has been replaced a couple of times IIRC). The closest England comes to a Constitution is the Magna Carta.
Of course, if Australia is to become a Republic, then we'll need to abolish the current Constitution anyway. The most important thing in my mind is that Australia remain a Commonwealth.
A Commonwealth is a form of Republic, with an emphasis on the public good. Australia is one of only three nations on Earth that is formally a Commonwealth.
#AusPol #VoiceToParliament #Commonwealth #PublicGood #Constitution #Republic
A fun thing about #Canada , that people really don't talk about, is that practically the way it works is that any province can ignore any part of "the #constitution " (I am Americanizing this post), with a couple of ground rules.
aka the Canadian "constitution" is completely without value, at all.
People don't like to admit that.
We also can't fix the constitution because Québec would never sign-on to a constitutional change that would prevent it from being able to legally discriminate.
…“A very large portion of my party,” he told me one day, “really doesn’t believe in the #Constitution.” He’d realized this only recently, he said. We were a few months removed from an attempted #coup instigated by #Republican leaders, & he was wrestling w/some difficult questions. Was the #authoritarian element of the #GOP a product of #Trump, or had it always been there, just waiting to be activated by a sufficiently #shameless #demagogue?
"[Alito] says Congress has no authority to regulate the Supreme Court. The Constitution he allegedly reveres says otherwise. A lot. …
Wrong on the facts, wrong on the history, on the wrong side of honesty and ethical standards, Justice Alito and his colleagues need to be reined in."
~ Norman J. Ornstein
Constitutional Convention, really ?
There is a danger of another one, which we are blindly drifting toward, if enough states HAVE EVER voted for it. Everything then is on the table: a state religion, rights of any kind, use your imagination. Very dangerous thing to play with. Attempts to improve the Articles of Confederation led to a ' 'runaway' resulting in our Constitution, which gave us '3/5s of a man', and the execrable Electoral College. #constitution
#Trump has filed for removal... (wait for it)
Trump is being repped by former Colorado secetary of state Scott Gessler. And the case has been assigned to George W. Bush-appointed Judge Philip Brimmer.
Six #Colorado voters filed a #lawsuit on Wednesday seeking to keep #Trump off the state’s #ballots under the #14thAmendment, which says anyone who “engaged in #insurrection or rebellion” against the #Constitution after taking an #oath to defend it is #ineligible to hold office.
‟US supreme court likely to determine Trump’s 2024 eligibility soon – ex-judge”
‟Former federal judge Michael Luttig says court will decide ‘sooner rather than later, and most likely before the first primaries’”
How Modi colonises our minds
The convening of the special session of Parliament is prime minister’s method of dominating the minds of supporters and critics alike, which is driven by his fear of losing elections, writes Ajaz Ashraf.
"Despite the claims that disqualification is far-fetched and impractical, it has actually happened before. In the aftermath of the Civil War, six different officials were barred from holding office due to their participation in that rebellion against the Constitution."
~ Kevin Kruse
If Texas doesn't like you, it'll be illegal for you to travel, if the right-wing passes bills to prohibit people from traveling to get abortions (and everyone else the state hates).
As we learned yesterday, Texas was busted by the feds for having a state spy agency tracking people online.
American travel ban story:
https://wapo.st/3L6AGWn (gift link)
Texas spy agency:
“On Saturday October 14 you’ll be asked a simple question:
The #law requires #defendants to establish 3 things to move a case to #FederalCourt: that they were an officer of the US or acting under an officer; that they’re facing #criminal charges “for or relating to any act under color of such office”; &that they have raised or will raise a “colorable federal defense.” #Meadows filed a separate motion in fed court to #dismiss #charges against him under the #Constitution’s #SupremacyClause, but this will be heard only if his arguments for #removal prevail
It would be awful - just AWFUL - if people from all 50 states learned about this advice from @DeanObeidallah
"the #14thAmendment is relevant and demands fidelity from all officials who take an oath to defend the #Constitution. As Luttig and Tribe wrote, “Section 3 is no anachronism or relic from the past; rather, it applies with the same force and effect today as it did the day it was ratified — as does every other provision, clause, and word of the Constitution that has not been repealed or revised by amendment.”"
Law Professor Breaks Down Why Trump Is 'Disqualified' From Becoming President Again
"The justices’ new standard is whether a constitutional right is grounded in “history and tradition”, the latest byword for the bogus doctrine of “originalism”. So they need some history, and apparently any history will do."
The Declaration of the Rights of Man and of the Citizen is approved by the National Constituent Assembly of France #OTD in 1789.
The Declaration was initially drafted by the Marquis de Lafayette, but the majority of the final draft came from the Abbé Sieyès. Influenced by the doctrine of natural right, human rights are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. via @wikipedia
Florida is not lost forever.
Someday, we'll take back Mar-A-Lago from the Russians.
Florida lawyer files challenge to disqualify Trump from 2024 race, citing 14th Amendment
“The law is the law. We’ll see whether or not the judges have the guts to follow the law.” - Lawrence Caplan
One solution is not to give your government that much PII in the first place.
[Art.] 2-b. [Right of #Privacy ] An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.
December 5, 2018
@marcelias My neighbor is a disenchanted & disgusted Repub, lawyer & former Vietnam Marine. He and I were talking yesterday when it struck me how we had both so casually raised our right hands and sworn an oath to uphold the Constitution of the United States and now, suddenly, it meant so much more now than ever before in our lifetime. No point, just a rando thought.
'Against Constitution': Madras Bar Association Objects To Hindi Names For Bills Replacing IPC, CrPC and Evidence Act
The Madras Bar Association has passed a resolution raising objection against the renaming of IPC, Indian Evidence Act and CrPC in Hindi. The Association has taken objection to the names "Bharatiya Nyaya Sanhita Bill", "Bharatiya Nagarik Suraksha Sanhita Bill", "Bharatiya Sakshya Bill", for the Bills which seek to replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act respectively.
'Liberal constitutionalists need to realise that their opponents also care about constitutional arrangements & constitutional legitimacy, but do so in a very different way & within a very different narrative.
The battle is not about constitutionalism against anti-constitutionalism.
It is between two contrasting & irreconcilable views of constitutions & what can be done with them'
Dean Obeidallah writes today that he has filed a complaint with his state's election officials asking that Donald Trump be barred on Constitutional grounds from running for the presidency. His posting ends with a draft of an email that he invites readers to copy and paste and send to their state's secretary of state or election board, asking that Trump be barred from running.
[Art.] 2-b. [Right of Privacy.] An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.
December 5, 2018
"The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again."
~ John Luttig and Larry Tribe
In a filing last wk, #JackSmith's team requested that jury selection begin Dec & that the #trial start… on Jan 2, 2024. That date, per Snr Asst #SpecialCounsel Molly Gaston, "would vindicate the public’s strong interest in a #SpeedyTrial—…guaranteed by the #Constitution & fed #law…, but of particular significance here, where the defendant… is charged w/ #conspiring to overturn the legit results of the 2020election, #obstruct the certification of the election, & discount citizens’ legit votes."
No one is changing the #MAGA cult's mind. So what do we do now?🔴https://www.washingtonpost.com/opinions/2023/08/14/trump-indictment-overreach-2024-campaign/
#FaniWillis & the great State of #Georgia is about to show the rest of the #USA how to break the cycle — Treat the #Fraud Father as you would ANY criminal suspect🔴https://rb.gy/891je #Education #News ▼
"Seeley wrote in her 103-page order that the MEPA limitation, which prohibits the state from considering greenhouse gas #emissions and #climate impacts when deciding whether to approve permits for energy and mining projects, violated Montanans’ rights under the 1972 state #constitution."
The Supreme Court takes a wrecking ball to the wall between church and state
“The Court’s #Republican majority has ground the Constitution’s establishment clause down to a nub.”
The Marion police may be waiting for this to just go away, which it won't.
#Constitution #FirstAmendment #Fascism
The Supreme Court is taking a wrecking ball to the wall between church and state — The Court’s Republican majority has ground the Constitution’s establishment clause down to a nub.
"We talk a good deal about the Constitution, and almost everyone in political life claims to venerate it — but who reads it? You just have to get as far as the Fourteenth Amendment to see that Trump cannot be president...
[W]e cannot vote for oath-breaking insurrectionists such as Donald Trump. Such people are barred by the Constitution from running for president.
We can have the Constitution, or we can have Trump."
~ Timothy Snyder
"Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office."
~ Adam Liptak
The #Ohio constitution allows voters to amend the state #constitution by #referendum. Today Ohio votes on a referendum to amend that provision of the constitution.
But in case you're fascinated by the technical question of using the amending clause of a constitution to amend the amending clause, I wrote a book about it in 1990.
This brutish bullying is aimed at stopping the rest of us from speaking our mind. But after today, every American citizen who cares about the #Constitution should affirm, without hesitation, that any form of association w/ #Trump is reprehensible, that each of us will draw #moral conclusions about anyone who continues to support him, & that these conclusions will guide both our #political & our #personal choices.
Thanks for sharing this. I very much enjoyed and appreciated this take on where we are at.
"A similar break in the constitutional order seems unlikely today, yet I think we must get constitutional reform into the public debate. We must get it on the public agenda."
What I'm looking for now, is someone with ideas or a recipe for how to make this happen (realistically)?
From Justice Kagan's dissent, in which she warns that SCOTUS is operating outside its Constitutional authority.
“From the first page to the last, today’s opinion departs from the demands of judicial restraint... At the behest of a party that has suffered no injury, the majority decides a contested public policy issue properly belonging to the politically accountable branches and the people they represent.
That is a major problem not just for governance, but for democracy too. Congress is of course a democratic institution; it responds, even if imperfectly, to the preferences of American voters. And agency officials, though not themselves elected, serve a President with the broadest of all political constituencies...
But this Court? It is, by design, as detached as possible from the body politic. That is why the Court is supposed to stick to its business — to decide only cases and controversies, and to stay away from making this Nation’s policy about subjects like student-loan relief.
[The Court] exercises authority it does not have. It violates the Constitution.”
@GottaLaff All this goes back to the #ReligiousFreedomRestorationAct which is blatantly #unconstitutional, a #law cannot modify the #constitution which still directly #prohibits the #establishment of #religion which is exactly what happened after the #RFRA was passed.
2/ And for more on how Native people's debated & influenced the #Constitution see Greg's fascinating new article with Tanner Allread (JD, PhD candidate, Choctaw citizen, future kick-ass professor), We the (Native) People?: How Indigenous Peoples Debated the U.S. Constitution #Indigenous #Law #LawFedi