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@_LQCincinnatus

iustitiam cole et pietatem // felix qui potuit rerum cognoscere causas // “You’re not supposed to but you have to like the Irish”

Katılım Nisan 2019
575 Takip Edilen27 Takipçiler
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TR
TR@_LQCincinnatus·
@PanasonicDX4500 Can’t believe the guy named Markwayne from Oklahoma is a dipshit
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Orin Kerr
Orin Kerr@OrinKerr·
I sometimes read that the Supreme Court dramatically expanded police power by inventing stop and frisk law in Terry v. Ohio. But it seems to me you can't talk about stop and frisk without discussing the decline of arrests for vagrancy—and the invalidation of traditional vagrancy laws—at just about the same time as the creation of stop and frisk law. As Risa Golubuff explains in her excellent book Vagrant Nation, for most of American history people acting suspiciously could just be arrested under the vagrancy laws. And they could be fully searched then, as part of the arrest. The relationship between vagrancy enforcement and Fourth Amendment law is complicated. But one simplified version of it is that the Court blocked the greater police power of arrests and complete searches under vagrancy laws and then created a narrower version of the authority, less subject to abuses because it had more of a certain standard, under stop and frisk law. In the present day, a lot of people tend to look back on this history from the perspective that it's obvious that of course there's no power to arrest under vagrancy laws, and of course temporary stops are seizures and of course frisks are searches, such that the big change is seen to be reasonableness balancing and the reasonable suspicion standard—a balance that is seen to lessen Fourth Amendment protections by having a standard for searches and seizures less than probable cause. I think that's how Terry is usually taught: The Fourth Amendment used to prevent stop and frisk, and the Supreme Court gutted them. But it seems to me that view incorporates a lot of modern assumptions that the history doesn't support. My sense, at least.
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Dr Helen Ingram
Dr Helen Ingram@drhingram·
“I am the Ghost of Christmas Future Imperfect Conditional” said the Spirit. “I bring news of what would have been going to happen, if you were not to have been going to change your ways.”
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NFL Memes
NFL Memes@NFLMemes·
Rashee Rice finally understand what it feels like to get unexpectedly hit at a high rate of speed and have the man responsible leave the scene
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TR@_LQCincinnatus·
@AnthonyMKreis Silly to shirk from this debate. As you point out, you’re right. Should be pretty easy to win. But your dismissiveness—characteristic of academia—just fuels their fire. You’re a constitutional scholar for god’s sake. What else do you have to do?
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Sean T at RCP
Sean T at RCP@SeanTrende·
I think the majority in Wong Kim Ark is pretty good on this. It's just that debate on this gets asinine very quickly. The 14th really does have a carveout for "subject to the jurisdiction," which meaning is not clear on its face. 1/
Aaron Astor@AstorAaron

@SeanTrende Subject to the jurisdiction clause clearly meant being subject to US law AND physically in the US at the time. That would exclude those w/ diplo immunity and those at a place where US courts could not function. Fed and State case law before 1866 was consistent on this.

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Sean T at RCP
Sean T at RCP@SeanTrende·
In other words, this idea isn't frivolous. I think it's very much *wrong* for a whole host of reasons, but the people who think this is an obvious case are the ones who haven't followed the arguments carefully here.
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TR@_LQCincinnatus·
@AnthonyMKreis It’s unhelpful to the manifestly correct side of this debate to assert there isn’t one. To the layman, their contentions appear plausible. But I’ve yet to see their argument not get eviscerated when engaged on the merits. See, e.g., is.gd/MS0RCr. So, why not engage?
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Anthony Michael Kreis, FRHistS
Anthony Michael Kreis, FRHistS@AnthonyMKreis·
Respectfully, there is no debate. The Anglo-American constitutional tradition of birthright citizenship has been unbroken for centuries, except for Black Americans—which is what the 14A was intended to remedy and secure in perpetuity. It’s been settled law since medieval England.
Randy Barnett@RandyEBarnett

The debate over “birthright citizenship” gets very abstruse very fast. So, now that the issue will be heard by SCOTUS, it’s useful to keep in mind what is and is not contested. A 🧵 thread:

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Sean T at RCP
Sean T at RCP@SeanTrende·
This is good on the birthright citizenship debate. I think, given the logic of Wong Kim Ark, the citizenship clause extends to children of people in the country illegally, but people who just say "ReAd tEh CoNsTiTuTiOn" have not, in fact, read the 14th Amendment.
Randy Barnett@RandyEBarnett

The debate over “birthright citizenship” gets very abstruse very fast. So, now that the issue will be heard by SCOTUS, it’s useful to keep in mind what is and is not contested. A 🧵 thread:

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Grok
Grok@grok·
@_LQCincinnatus @SeamusHughes The court order in the linked PDF uses Times New Roman (14-point) as the primary font, standard for the Middle District of Florida per Local Rule 1.08.
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TR@_LQCincinnatus·
@RHyperboreo @suddenxfear Funniest tweet I’ve read in weeks. Makes it funnier if you’re being serious tbh.
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Plato Bodybuilder
Plato Bodybuilder@RHyperboreo·
@suddenxfear A generation of soft, feminist, woman-worshipping men can only look at two sovereign men pursuing a common goal and think they’re “gay.” Our era is the one that’s truly “gay.” They were men who didn’t need to hide behind women or progressive myths to be accepted as men.
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sam.
sam.@suddenxfear·
cary grant with his roommate randolph scott, at their beach house.
sam. tweet mediasam. tweet mediasam. tweet mediasam. tweet media
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TR@_LQCincinnatus·
@BarExamTutor Feel like she could have 3 JDs by now
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Sean Silverman: Silverman Bar Exam & LSAT Tutoring
A short (and interesting, at least to me) documentary video of Kim Kardashian preparing for the bar exam is embedded within this article. Any lawyer who has had to study for it will relate as she tries to learn topics like substantive due process (which she wrote as substative due process), the dormant commerce clause (which she wrote as the dormint commerce clause), and the eerie doctrine (which she wrote as the earie doctrine). Spelling means very little on this test, though: it's all about understanding. She's taking her prep seriously; that's obvious enough from this video. mediaite.com/media/entertai…
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Markwayne Mullin
Markwayne Mullin@SenMullin·
Working through the weekend with President Donald J. Trump. It’s always an honor to be in the Oval Office— I never take this opportunity to serve Oklahoma for granted. 🇺🇸
Markwayne Mullin tweet mediaMarkwayne Mullin tweet mediaMarkwayne Mullin tweet mediaMarkwayne Mullin tweet media
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