[-] fukhueson@lemmy.world 2 points 6 hours ago

https://www.huffpost.com/entry/debunking-the-myth-obamas_b_1929869

Mitt Romney's at it again -- shading the truth on CBS News'. He's perpetuating the false Republican narrative that President Obama should have gotten more done during his first two years in office because he had a supermajority in the Senate.

[-] fukhueson@lemmy.world 2 points 11 hours ago

That does not answer my question.

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[-] fukhueson@lemmy.world 34 points 20 hours ago

Should we accept that the threat of violence get in the way of justice?

[-] fukhueson@lemmy.world 4 points 21 hours ago

I'm a little confused... Did you read it?

[-] fukhueson@lemmy.world 18 points 1 day ago

https://www.lawfaremedia.org/article/what-the-supreme-court-got-wrong-in-the-trump-section-3-case

Under the Court’s approach, only Congress has the power to determine which people are to be disqualified and under what procedures—at least when it comes to candidates for federal office and officials holding those offices. The majority claims that Congress’s Section 5 power to enact “appropriate” legislation enforcing the 14th Amendment is the exclusive mode of enforcing Section 3.

There are several flaws in the Court’s analysis. The most basic is that there is no good reason to believe that Section 5 is the exclusive mode of enforcing Section 3. As the Colorado Supreme Court emphasized in its ruling, Section 5 empowers Congress to enforce not just Section 3 but also every other part of the 14th Amendment, including its protections against racial and ethnic discrimination, the Due Process Clause, and more. These other provisions are considered to be self-executing, under long-standing federal Supreme Court precedent. Section 5 legislation is not the exclusive mode of enforcement for these other parts of the amendment.

Thus, state governments and federal courts can enforce these provisions even in the absence of congressional Section 5 enforcement legislation. Otherwise, as the Colorado Supreme Court notes, “Congress could nullify them by simply not passing enacting legislation.” Why should Section 3 be any different? Monday’s Supreme Court decision doesn’t give us any good answer to that question.

As the Supreme Court ruling notes, following its landmark precedent in City of Boerne v. Flores (1997), Congress’s Section 5 power is “remedial” in nature: It must be “congruent and proportional” to violations of the amendment it is intended to remedy. If Section 5 legislation is remedial in nature, including when it comes to enforcing Section 3, that implies some other entity—state governments and federal courts—has the initial responsibility for ensuring compliance with Section 3. The role of Section 5 is to remedy violations of that duty, not to be the exclusive enforcement mechanism.

[-] fukhueson@lemmy.world 34 points 1 day ago* (last edited 1 day ago)

Can you describe how preventing trump, who participated in an insurrection, from holding office is fascist?

[-] fukhueson@lemmy.world 42 points 1 day ago* (last edited 1 day ago)

Of course they won't, but damn they should.

Because of Congress’ current political makeup (Republicans control the House) — that almost certainly won’t happen by Jan. 20, when Trump will be sworn in as the 47th president.

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[-] fukhueson@lemmy.world 25 points 1 day ago* (last edited 1 day ago)

The alternative was apparently not inspiring enough to vote for (/s). You know, someone who isn't that.

(I voted gladly for Harris)

[-] fukhueson@lemmy.world 17 points 2 days ago

I will not advocate for violence or recommend people take to the streets armed, because that is exactly the kind of situation Trump would exploit to run them over with a truck in an official act of assholery.

[-] fukhueson@lemmy.world 16 points 2 days ago

Russia wants a civil war. They want people scared and angry. They want people taking to the streets armed. Don't fall into this trap - the propaganda machine is going strong, even here on Lemmy.

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[-] fukhueson@lemmy.world 21 points 2 days ago

The article was posted on the 5th prior to the election being called.

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fukhueson

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