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#checksandbalances — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #checksandbalances, aggregated by home.social.

  1. Suspending #HabeasCorpus was one of two radical ideas #StephenMiller had been pushing that alarmed Mr. Scharf. The other was invoking the #InsurrectionAct to deploy the #military to enforce the #law on #US streets as #protests grew against #deportation sweeps.

    Scharf wrote confidential memos to Wiles on both topics….

    [article is long, but I recommend reading it]

    #Trump #law #judiciary #SeparationOfPowers #ChecksAndBalances #ExecutivePower #Constitution #democracy #WhiteSupremacy #immigration

  2. If you’ve read Machiavelli, especially “Discourses on Livy”, which is actually his major work (“The Prince” is not) you know his emphasis on Virtu of the people and elites as what holds Republics together. Machiavelli thought that Republics were the best form of government and that the greatest feat was to create or maintain a Republic: he was not a fan of autocratic government.

    To summarize […]

    https://www.ianwelsh.net/the-wisdom-of-machiavellian-virtu-why-america-is-losing-its-bill-of-rights-constitutional-virtues/
  3. If you’ve read Machiavelli, especially “Discourses on Livy”, which is actually his major work (“The Prince” is not) you know his emphasis on Virtu of the people and elites as what holds Republics together. Machiavelli thought that Republics were the best form of government and that the greatest feat was to create or maintain a Republic: he was not a fan of autocratic government.

    To summarize […]

    https://www.ianwelsh.net/the-wisdom-of-machiavellian-virtu-why-america-is-losing-its-bill-of-rights-constitutional-virtues/
  4. If you’ve read Machiavelli, especially “Discourses on Livy”, which is actually his major work (“The Prince” is not) you know his emphasis on Virtu of the people and elites as what holds Republics together. Machiavelli thought that Republics were the best form of government and that the greatest feat was to create or maintain a Republic: he was not a fan of autocratic government.

    To summarize […]

    https://www.ianwelsh.net/the-wisdom-of-machiavellian-virtu-why-america-is-losing-its-bill-of-rights-constitutional-virtues/
  5. If you’ve read Machiavelli, especially “Discourses on Livy”, which is actually his major work (“The Prince” is not) you know his emphasis on Virtu of the people and elites as what holds Republics together. Machiavelli thought that Republics were the best form of government and that the greatest feat was to create or maintain a Republic: he was not a fan of autocratic government.

    To summarize […]

    https://www.ianwelsh.net/the-wisdom-of-machiavellian-virtu-why-america-is-losing-its-bill-of-rights-constitutional-virtues/
  6. If you’ve read Machiavelli, especially “Discourses on Livy”, which is actually his major work (“The Prince” is not) you know his emphasis on Virtu of the people and elites as what holds Republics together. Machiavelli thought that Republics were the best form of government and that the greatest feat was to create or maintain a Republic: he was not a fan of autocratic government.

    To summarize […]

    https://www.ianwelsh.net/the-wisdom-of-machiavellian-virtu-why-america-is-losing-its-bill-of-rights-constitutional-virtues/
  7. That’s in some tension with the result: that they were sent to a prison that is neither in the #US nor their country of origin with NO CHARGES & no clear #legal #authority justifying their continued, indefinite detention. The US govt is paying #ElSalvador to hold them.

    #Trump #law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

  8. That, at least, is what federal ofcls contend: while the #Trump admin invoked the #AlienEnemiesAct to dubiously justify sending 137 detainees to #ElSalvador, >100 others that day had received standard, *lawful* #deportation orders—often to Venezuela—from #immigration courts.

    #law #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

  9. CW: USPol, Trump

    Oh, and I didn't even get to the checks & balances part of the discussion.

    Very briefly: the legislative branch is completely uninterested in fulfilling their duties. The hardcore MAGAs in Congress are cheering the administration on, heavy Team Fascism vibes there. The more traditional conservatives there and in the Senate are content to sit back and let it happen. The Democratic opposition are largely too timid to stand up and say anything, much less do anything to stop it. The funding crises, the impoundments - these are *right* in their wheelhouse, and ... crickets.

    The judicial branch... some of it is trying to continue to run the Sane Constitutional Republic program and hold the administration to account, but it's mostly lower-court judges. At the top, the rot is pretty severe. The Supreme Court has whiffed on *many* cases, going back several years, indicating that the conservative majority is largely happy to produce ad hoc and post hoc justifications, completely against precedent and even black-letter law, to enable this administration to do exactly what it wants, the law and the Constitution be damned.

    #legislative #LegislativeBranch #ChecksAndBalances #JudicialBranch #judicial #SupremeCourt #USSupremeCourt #immunity #precedent #StareDecesis

    3/2 (oops...)

  10. During ordinary times, this accommodation would reflect an appropriate respect for the constitutional #SeparationOfPowers. In dealing with this Administration, with its maximalist conception of executive authority & its contemptuous attitude toward the #judiciary, the Justices are being played for fools.

    #Trump #SCOTUS #law #Constitution #ConstitutionalCrisis #ChecksAndBalances #CoEqualBranchesOfGovernment #JudicialBranch #AbuseOfPower

  11. That, the govt argued, would intrude on the President’s sole power to conduct foreign relations. So the govt’s responsibility here is to, what, maybe issue #AbregoGarcia a Global Entry card to cut the #immigration line if he somehow turns up at a #US airport? This defiant position cannot stand—not if the rule of #law is to survive.

    #SCOTUS #Trump #Constitution #ConstitutionalCrisis #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower