#checksandbalances — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #checksandbalances, aggregated by home.social.
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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
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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/ -
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/ -
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/ -
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/ -
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/ -
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
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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
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The #Trump admin sent more *alleged* gang members to #ElSalvador despite a Massachusetts court order barring #deportations to 3rd-party countries.
They say the order only applied to the #DHS & so they had #DoD carry out the deportations.
Dishonest as hell.
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.72.0.pdf
#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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Amazing truth & fact filled press conference from Sen #VanHollen on his visit to #ElSalvador & the ILLEGAL #rendition of #KilmarAbregoGarcia by #Trump
#law #contempt #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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The 4th Circuit Court of Appeals cites news articles about #Trump telling #Bukele that "homegrowns are next."
#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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WOW
Judge Wilkinson writes,
"We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos."
Beautiful.
#Trump #KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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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...)
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Just released Judge #Xinis letter order on discovery procedure in #KilmarAbregoGarcia v. #KristiNoem et al.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.80.0.pdf
#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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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
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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
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Aaron Reichlin-Melnick has handily outlined #KilmarAbregoGarcia’s legal #immigration history to show that no matter how many times #Trump & his thugs say it, there is no proof #AbregoGarcia is or ever was a M-13 gang member.
#law #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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In case you are wondering, the #Trump admin has missed today’s deadline to report to Judge #Xinis on what steps they’re taking to facilitate the return of #KilmarAbregoGarcia.
Can’t imagine why? /s
#law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower