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#fifthamendment — Public Fediverse posts

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

  1. Judge: #Trump violated #FifthAmendment by ending #energy grants in only #blueStates

    Trump's blatant #discrimination came on the same day as the government shut down last fall. In total, 315 grants were terminated in October, ending support for 223 projects worth approximately $7.5 billion…All the awardees, except for one, were based in states where Donald Trump lost the majority vote to Kamala Harris in 2024.

    arstechnica.com/tech-policy/20

  2. Bipartisan lawmakers, Wabanaki leaders propose next change to Settlement Act

    by Emma Davis
    Fri, April 4, 2025

    "A bipartisan group of lawmakers presented legislation on Friday to prevent the state from being able to seize #Wabanaki land for public use without consultation.

    "For the past several Legislative sessions, leaders of the Wabanaki Nations have worked with lawmakers to try to overhaul the 1980 #MaineIndianClaimsSettlementAct that has resulted in the tribes being treated more akin to municipalities than #SovereignNations.

    "So far, sweeping change has failed due to opposition from Gov. #JanetMills, but the executive, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year.

    "#LD958 represents the next area of focus, although an omnibus bill is still expected to be considered during the second regular session of the Legislature next year.

    "Sponsored by House Minority leader Billy Bob Faulkingham (R-Winter Harbor) and bipartisan co-sponsors, LD 958 would amend the #SettlementAct and the 2023 #MikmaqNationRestorationAct — as the Mi’kmaq Nation hadn’t been included in the earlier act — to prohibit eminent domain, a protection already afforded to almost all other federally recognized tribes.

    " 'Much of our land contains irreplaceable cultural, spiritual and ecological resources,' said #Passamaquoddy Tribal Rep. Aaron Dana, a co-sponsor of the bill who sits on the Judiciary Committee. 'This bill ensures those places are safeguarded and are not subject to #destruction or #appropriation. Too often in our history, our #TribalLands have been taken, divided and exploited under the guise of progress.'

    "The U.S. government can seize private property for public use, known as eminent domain, however that authority is restricted by the #FifthAmendment U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.

    "Rep. Rachel Henderson (R-Rumford), a co-sponsor who sits on the Judiciary Committee, questioned whether the bill is in conflict with the Constitution. It is not, Faulkingham, tribal leaders and attorneys explained, because the Constitution outlines when eminent domain can be exercised but not that it can’t be further restricted.

    " 'There’s nothing in the Fifth Amendment that prohibits a state from enacting laws that says we won’t do that,' Faulkingham said.

    "LD 958 applies to land protected under federal law — trust and reservation land — but fee lands — private property for which the owner owns the title — would still be subject to state power of eminent domain. A constitutional amendment allows states to condemn individually owned plots within tribal reservations.

    "Maine has seized Wabanaki land from the start of their intertwined histories, as the state territory today had first been inhabited by the Wabanaki people."

    Read more:
    yahoo.com/news/bipartisan-lawm

    #MaineSettlementAct #FirstNations #WabanakiConfederancy
    #MaineFirstNations #Maine #MainePol #NativeAmericanNews #LandTheft
    #PenobscotNation #PassamaquoddyTribe #HoultonBand of #Maliseets #MikmaqNation #Dawnland #TribalSovereignty

  3. The #DOJ in a filing requested that #SCOTUS lift Seattle-based US Judge District Benjamin Settle's nationwide order blocking the #military from carrying out #Trump's prohibition on #transgender service members while a #legal challenge to the policy proceeds. Settle found that Trump's executive order likely violates the U.S. #Constitution's #FifthAmendment right to #equal #protection under the #law.

    #CivilRights #HumanRights #TransgenderRights #EqualRights #democracy #LGBTQ+ #Equality

  4. One reason that due process applies to all "persons" and not just all "citizens" is that you cannot prove that you are a citizen without it. #DueProcess #FifthAmendment #FourteenthAmendment

  5. #copilot #ai says

    Witness Testimony: Kenneth “Lil Woody” Copeland’s testimony has been a focal point. Initially refusing to testify, he agreed after being arrested for carrying a gun in 2021 and after an ex parte meeting with the judge and prosecutors3.

    #ysl #youngthug #youngslimelife

    Wouldn't we all? #fifthamendment