• FreakinSteve@lemmy.world
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    8 months ago

    According to your very own interpretation with this question there is no such thing as a crime because every time a crime is committed someone has to step in and define what a crime is. We can’t say a victim was murdered because there’s no one to determine what a murder is. Fraud and larceny cannot possibly be crimes because the Constitution nor the Senate have appointed someone to define what larceny and fraud is.

    Do you not see how psychotic resorting to such ridiculous semantics are?

    Why is everyone so desperate to back up the SCOTUS claim that ‘there is no law, therefore there can be no disorder’?

    It’s not even a “dogs can’t play basketball!” ruling; it’s a “there are no dogs” ruling.

    • Tinidril@midwest.social
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      8 months ago

      Are you really not aware that one of the primary jobs of Congress is to literally define what a crime is? That’s what laws are. There is literally a statute (several actually) passed by Congress that does define what murder, fraud, and larceny are. That’s the cornerstone of due process. A crime isn’t a crime unless there is a law being broken. You have failed your constitution test.

        • Tinidril@midwest.social
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          8 months ago

          Where did I mention an amendment? The constitution gives Congress the ability to write laws. Those laws are not constitutional amendments or part of the Constitution in any way. They are part of the US criminal code. Well defined laws have been foundational to modern justice systems since at least the time of Hammurabi.

            • Tinidril@midwest.social
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              8 months ago

              The constitution doesn’t say who decides what qualifies as insurrection, so it is not at all clear that state courts have that authority. The federal government defines federal law, and state governments define state law. Likewise, federal courts adjudicate state law, and state courts adjudicate state law.

              The amendment in question is in the Federal Constitution, not state constitutions. Therefore, defining what is or isn’t an insurrection is a matter for federal lawmakers, and adjudicating guilt is a matter for federal courts.

              Yes, this is pretty straightforward for anyone who understands how our legal system functions.

              Of course this is all separate from the practical implications of allowing states to make up their own definitions of “insurrection” and arbitrarily remove Democrats from ballots. Given the Republican party’s long history and recent escalation of underhanded tactics, it’s a guarantee that this would be abused and, if you had your way, they would have the cover of a Supreme Court ruling to back it up. Just a reminder, there are a lot more red states than blue.