Saturday, July 28, 2018
let's assume kavanaugh gets confirmed, and is as 'bad' as predicted.
the constitution returns from exile. what would that look like?
the rehabilitation of the 2nd a is already well under way, due to scalia.
lockner is not yet restored, via substantive due process or the overturning of slaughterhouse.
ij is pursuing a mission of full incorporation, with its excessive fines clause case. overturning kelo seems high on their agenda.
The first A will be, has been, weaponized. buckley v valeo could get tweaked.
what else? the dormant commerce clause, gone. A 3rd A case?
A second 24th A case? your thoughts welcome in the comments section, if that works.
d
Friday, July 27, 2018
oh well.. my editing trick didnt work. will leave the post up anyway.
The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from
unreasonable searches and seizures of property by the government. It protects against arbitrary
arrests, and is the basis of the law regarding
search warrants,
stop-and-frisk, safety inspections,
wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to
privacy law. Lii.org.
Friday, July 20, 2018
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Gibson v. City of Chicago,
910 F.2d 1510, 1520 (7
th Cir. 1990). Rule 8(a)(2) provides that a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." However, "recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."
Ashcroft v. Iqbal,
129 S.Ct. 1937, 1949 (2009) (citing
Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 555 (2007)). As the Supreme Court has stated, "the tenet that a court must accept as true all of the allegations contained in a
complaint is inapplicable to legal conclusions."
Id. Rather, "a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face.'"
Id. at 1940 (quoting
Twombly,
550 U.S. at 570). A complaint is facially plausible if a court can reasonably infer from factual content in the pleading that the defendant is liable for the alleged wrongdoing.
Id. The
.. just a note i needed to leave to myself.
Stewart contends that this case is controlled by McIntyre. Stewart is correct.
The Supreme Court made clear in McIntyre that campaign literature in support of a candidate for elective office is "core political speech" that is entitled to the fullest protection of the First Amendment.
Discussion of public issues and debates on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. The First Amendment affords the broadest protection to such political expression in order to assure the unfettered interchange of ideas for the bringing about of political and social changes desired by the people. Although First Amendment protections are not confined to the exposition of ideas, there is practically universal agreement that a major purpose of that Amendment was to protect the free discussion of governmental affairs, of course including discussions of candidates. This no more than reflects our profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open. In a republic where the people are sovereign, the ability of the citizenry to make informed choices among candidates for office is essential, for the identities of those who are elected will inevitably shape the course that we follow as a nation.
i like to remin myself of this occasionally.
i keep forgetting if it's 17 or 18.
18 U.S. Code § 241 - Conspiracy against rights
If two or more
persons conspire to injure, oppress, threaten, or intimidate any
person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the
United States, or because of his having so exercised the same; or
If two or more
persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645,
62 Stat. 696;
Pub. L. 90–284, title I, § 103(a),
Apr. 11, 1968,
82 Stat. 75;
Pub. L. 100–690, title VII, § 7018(a), (b)(1),
Nov. 18, 1988,
102 Stat. 4396;
Pub. L. 103–322, title VI, § 60006(a), title XXXII, §§ 320103(a), 320201(a), title XXXIII, § 330016(1)(L),
Sept. 13, 1994,
108 Stat. 1970, 2109, 2113, 2147;
Pub. L. 104–294, title VI, §§ 604(b)(14)(A), 607(a),
Oct. 11, 1996,
110 Stat. 3507, 3511.)
Thursday, July 19, 2018
my bit of excitement this morning was i found out my kay summersby book was autographed.
my online friend ben sullins just earned his second tesla roadster. he is a shill, but a good one.
Thursday, July 12, 2018
Saturday, July 07, 2018
- A Tennessee law that automatically rescinds the licenses of drivers who fail to pay court debt is unconstitutional, says a district court. "No rational creditor wants his debtor to be sidelined from productive economic life. No rational creditor wants his debtor to be less able to hold a job or cover his other, competing living expenses…. The state can still use the specter of revocation to encourage payment of court debt; it simply must afford the debtor the opportunity to demonstrate, first, that the only reason he has failed to pay is that he simply cannot."
- The end result of the U.S. Supreme Court's holdings involving motorist stops is that police have "virtually unlimited discretion to stop arbitrarily whomever they choose, arrest the driver for a minor offense that might not even be subject to jail penalties, and then obtain a broad inventory search of the vehicle—all without a warrant." So says the Iowa Supreme Court, holding the state's Constitution provides greater protections against such searches than the U.S. Constitution. (H/t: Andrew Fleischman.)
Born in 1927 in Pennsylvania, Ditko began making comics during the 1950s, beginning with small publisher Charlton Comics. But he first came to prominence as part of a group of comics creators who changed the industry in the 1960s with a succession of revolutionary characters, concepts and narrative changes created for Marvel Comics.
He first joined Marvel in 1955 when it was known as Atlas comics, where he contributed stories and art in a variety of genres for titles like “Amazing Adventures,” “Strange Worlds,” “Tales of Suspense” and “Tales to Astonish.”
https://www.youtube.com/watch?v=3gwDnhMO8is
Sunday, July 01, 2018
