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Rising fascism in the US

 
 
Walter Hinteler
 
  3  
Thu 7 Jul, 2022 06:52 am
@McGentrix,
McGentrix wrote:
This guy is an idiot. His first sentence is a blatant lie and he just doesn't like that the SCOTUS made a ruling he disagreed with. Therefore they must be cancelled.

What a stupid thing to say, especially publicly.
For an idiot, he had had quite a few notable cases and had received some legal awards.
McGentrix
 
  -3  
Thu 7 Jul, 2022 06:55 am
@Walter Hinteler,
Can't be helped. Participation trophies are a thing.

He is still an idiot whining about not getting what he thinks is right.
hightor
 
  2  
Thu 7 Jul, 2022 07:36 am
@McGentrix,
Quote:
Participation trophies are a thing.

I doubt you've even "participated" in anything worth a trophy. I bet you never even served in the armed forces.

Wikipedia wrote:
Upon entering active duty as an Army JAG, Kirschner served his first tour at Fort Richardson (Alaska), serving as an Army prosecutor. In that capacity he investigated and prosecuted court-martial cases and served as legal advisor to the post's many commanding officers. After three years in that assignment, Kirschner was transferred to the U.S. Army's Legal Services Agency in Falls Church, Virginia, where he served as a government appellate attorney handling criminal appeals of court-martial convictions. In that assignment, Kirschner handled espionage and death penalty cases among others.

After more than six years active duty service, Kirschner was honorably discharged from the Army. In June 1994 he joined the United States Attorney for the District of Columbia office as a federal prosecutor/Assistant U.S. Attorney.

After a few early rotational assignments, Kirschner joined the US Attorney Office (USAO) Homicide Section led at the time by Robert Mueller. Kirschner spent 24 years at the DC USAO, prosecuting lengthy RICO trials in DC Federal Court and murder/conspiracy/obstruction of justice cases in DC Superior Court. Kirschner prosecuted more than 50 murder trials, served as Deputy Chief of the Homicide Section for four years, and was Chief of the Homicide Section from 2004 to 2010. He retired from the US Attorney's office on June 1, 2018.

Kirschner received the Harold J. Sullivan Award for Fairness, Ethics and Trial Excellence in 2017 and the John F. Evans Award for Trial Excellence in 2001, both from the Assistant U.S. Attorney's Association; the John F. Evans Award for Trial Excellence, the Chief of Police Medal of Honor in 2009 and 2010 from the Washington DC Metropolitan Police Department, and was inducted as a fellow into the American College of Trial Lawyers in 2018. Notable cases include:

U.S. v. London Ford - A landmark gang case involving the District of Columbia's first urban warfare theory of homicide liability.

U.S. v. Andre Burno - Motivated by a desire to steal a police officer's Glock firearm, the defendant ambushed an on-duty police officer, shooting him in the neck. The case/defendant is the subject of an Emmy-Award-winning HBO documentary titled, “Thug Life in DC.”

U.S v. Jose Rodriguez-Cruz - In 2009, EPA employee Pam Butler disappeared. In 2016, the cold case was revived, and enough evidence was developed to charge Ms. Butler's boyfriend with her murder. Although Ms. Butler's body was never found, the defendant pleaded guilty in 2017. The case is the subject of a Dateline NBC documentary set to air in November 2018.

U.S. v. Albrecht Muth - A controversial case involving a highly skilled conman in elite DC political circles who murdered his elderly, socialite wife. Kirschner tried the defendant in absentia from his hospital bed after he had starved himself into physical incapacitation. The case is the subject of a major motion picture directed by and starring Christoph Waltz titled, "Georgetown" and released in April 2019.

His academic record is also distinguished. Why were you in such a hurry to insult the guy?

Quote:

He is still an idiot whining about not getting what he thinks is right.

You mean like this guy?

You don't seem to grasp that people can actually have good reasons for arriving at conclusions which differ from yours without being "idiots" and can express a political view opposed to yours without "whining".
glitterbag
 
  2  
Thu 7 Jul, 2022 07:46 am
@hightor,
The Supreme Court has become the sin patrol. Their main mission is to properly punish those in society that offend their sensibilities.
hightor
 
  3  
Thu 7 Jul, 2022 07:53 am
@glitterbag,
Between the erosion of the establishment clause, the overturn of Roe, and the politically-inspired misinterpretation of the second amendment we've set ourselves up for a modern variation on the Spanish Inquisition!
0 Replies
 
McGentrix
 
  -2  
Thu 7 Jul, 2022 07:55 am
@hightor,
hightor wrote:

His academic record is also distinguished. Why were you in such a hurry to insult the guy?


Because the things he said is stupid and wrong. SCOTUS did not deny anyone any Constitutionally protected anything. That was the whole point. It ISN'T protected by the Constitution.
PoliteMight
 
  -2  
Thu 7 Jul, 2022 07:58 am
You know what is sad?

It is not facist, when we make loopy laws that defies logic.

went from police attacking LGBT in bars to making bathrooms Unisex.

went from women having rights to their children, support for children, and rights to their property to Lesbians and fat-zillas playing the role of the devil separating the sexes and keeping people apart economically, mentally, and so many other ways.

went from praising god to people ( who are non-Christian or LGBT from Christian families ) in Catholicism having an entire law department.

Then we talk about equality when people listen the music with the N-word to even movies marketing the image itself. Where are these people nowadays? A lot of them did not make it and if they did then they are in terrible state.

Went from making actual drug busts in hotel rooms, to attacking people in their privacy for looking up information. No break and enter, just people in the privacy of their own homes being invaded by people better spent looking for real criminals. Meanwhile out in the real world people are committing acts of inhumanity being put on display before your eyes on day time television or some commercial.

They want to build a giant tower in NJ that is nothing but hotels and gambling. Make it bigger then the condanast building.

Their are people getting away with violations in the workplace. Do we care when somebody is being verbal abusive ? Your a Christian and somebody is talking profanity, Nope nobody cares.

It is just stupidity that leads to a lower kind of existence.
0 Replies
 
hightor
 
  2  
Thu 7 Jul, 2022 08:09 am
@McGentrix,
Quote:
It ISN'T protected by the Constitution.

That's true – if you're a strict constructionist or an originalist. Those are political interpretations not based on the text of the document. The "living" Constitution is a political interpretation as well, but it enable the country to deal more effectively with challenges brought about by 250 years of population growth, technological advancement, and cultural change. The rights extended to citizens in cases like Roe and Griswold were clearly inspired by the Constitution. I'll add that the conservative "strict constructionists" had no difficulty reinterpreting the establishment clause for political reasons.
McGentrix
 
  -3  
Thu 7 Jul, 2022 08:22 am
@hightor,
I'd love to see much more originalism applied to our whole governmental structure; giving a lot of the stupid **** the Federal government does back to the states where it belongs.
glitterbag
 
  4  
Thu 7 Jul, 2022 08:40 am
@McGentrix,
Psst, I hear they're coming for the boner pill next, after that they are going to establish how many children each man in America can own, I mean raise.
izzythepush
 
  1  
Thu 7 Jul, 2022 08:42 am
@glitterbag,
Take away his boner pills and guns and there's nothing left.
0 Replies
 
Walter Hinteler
 
  4  
Thu 7 Jul, 2022 08:43 am
@McGentrix,
McGentrix wrote:
I'd love to see much more originalism applied to our whole governmental structure
Preliminary remark: through my law studies, I am quite familiar with constitutional law - but with German constitutional law (and through my history studies also with older constitutions in German-speaking countries).
I have also heard 'comparative constitutional history', but I was less interested in that at the time.

But I am interested in whether "much more originalism" can only be applied to some areas or whether it should (or must) be applied to everything and anything.
Which would mean that you poor people would have to live as you did 200 years ago, at least if you are constitutionally loyal.
McGentrix
 
  -2  
Thu 7 Jul, 2022 10:22 am
@Walter Hinteler,
Nonsense.

It just moves responsibilties back to the states that the states should be responsible for and limits some of the power of the Federal government. That doesn't mean we suddenly lose Technology and advances made over the last 240+ years.
Walter Hinteler
 
  2  
Thu 7 Jul, 2022 10:32 am
@McGentrix,
McGentrix wrote:
Nonsense.
Well, as said: I didn't study the US-Constitution at university. I just thought that all statements in the constitution must be interpreted based on the original understanding "at the time it was adopted".
And according to my understanding of the law - which is totally different from yours - this cannot only be applied according to personal preferences but is generally valid.

You're the legal expert. So I have to accept that I was totally wrong.
Below viewing threshold (view)
Walter Hinteler
 
  3  
Thu 7 Jul, 2022 10:59 am
@McGentrix,
McGentrix wrote:
You are trying to be an absolutist. It's a common thing for Germans.
No.
It's common - that's the way our Federal Constitutional Court works, since constitutional law takes precedence over all other laws here in Germany
(erga omnes).
0 Replies
 
Frank Apisa
 
  2  
Thu 7 Jul, 2022 11:28 am
@Walter Hinteler,
Walter Hinteler wrote:

McGentrix wrote:
Nonsense.
Well, as said: I didn't study the US-Constitution at university. I just thought that all statements in the constitution must be interpreted based on the original understanding "at the time it was adopted".
And according to my understanding of the law - which is totally different from yours - this cannot only be applied according to personal preferences but is generally valid.

You're the legal expert. So I have to accept that I was totally wrong.


I do not think you are wrong.

In any case, the notion that states rather than the federal government should make the kind of decisions (laws) to govern is, in many ways, an absurdity. In fact, it mostly was instituted in order to allow the slave states to continue to allow slavery...and not have slavery outlawed, as any decent, intelligent society would want.

Laws regarding slavery and abortion (as examples) should not be relegated to the states, but should be a part of the national portfolio.

Unfortunately, right now we Americans are bound by the sensibilities of late 18th century thinking.
Walter Hinteler
 
  2  
Thu 7 Jul, 2022 11:42 am
@Frank Apisa,
Frank Apisa wrote:
In any case, the notion that states rather than the federal government should make the kind of decisions (laws) to govern is, in many ways, an absurdity.
I am indeed really influenced by "Roman law" and in the context here by our constitutional law.

The relationship between the federal government and the "Länder" (states) is absolutely regulated in our constitution ('Basic Law').

Basic Law Article 30 [Sovereign powers of the Länder] wrote:
Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a matter for the Länder.
McGentrix
 
  -3  
Thu 7 Jul, 2022 01:47 pm
@Walter Hinteler,
For us, it is the 10th amendment that says
Quote:
TENTH AMENDMENT
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.


So, unless specifically addressed in the Constitution or any amendment to the Constitution, the powers should lie in the states.

Do you disagree?
PoliteMight
 
  -2  
Thu 7 Jul, 2022 01:53 pm
@McGentrix,
Lets make abortion simple.

We just take everyone who agrees abortion is needed

Have them abort there-selves.

.......

There are people so unhappy being alive, living, breathing, being able to have ideas, sex, fight, sketch, sing, and so much more.

We don't we just make suicide booths...

...................................................................................................................

Everybody was in the womb once before. Why are we going on and on in circles???
0 Replies
 
 

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