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To: little jeremiah

It is not the province of Congress and/or the Senate to declare things Constitutional or Unconstitutional. So the vote by the Senate that Peach-Mint 2, was Constitutional, was itself a joke and a lie.

If Congress had wished to do an end-run, without a Constitutional Amendment, the Constitution DOES give Congress the power to declare certain laws, outside the scope of review of Appellate Courts; I think it’s “Constitutional Crisis” time if they try to declare a law beyond even the Supreme Court. Educated opinion may disagree whether Congress can say, “Vote X on Bill Y, declares Bill Y may NOT be reviewed by any courts at all, including the Supreme Court.”

So pretend Congress can vote to make a bill not subject to the courts. They could first vote to make the upcoming “censure-plus” bill against President Trump non-reviewable, then pass the censure-plus bill.

...the ticklish point, is that the Constitution openly says that a “Bill of Attainder” (a law specifically focused at a person or small number of people specifically based on who they are) is Unconstitutional.

Can Congress vote to allow itself to pass an Unconstitutional Bill, AND use its Constitutional Powers to declare that the Unconstitutional Bill can’t be reviewed by the courts?

...I doubt it. But I think Congress is stupid enough to try.

:-)


703 posted on 02/17/2021 11:24:16 AM PST by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: grey_whiskers

Yay, another one! ;-)


704 posted on 02/17/2021 11:24:54 AM PST by little jeremiah (Thirst for truth is the most valuable possession and no one can take it away from you.)
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To: grey_whiskers

Just so people know what kind of nasty little thing Bitem is. So, from his “town hall” on CNN last night, I wondered how that went.

Biden dismisses Uighur genocide as part of China’s ‘different norms’

https://freerepublic.com/focus/news/3935436/posts?page=4

President Biden is dismissing the genocide against the Uighur population in China, dubbing the mass internment a “different norm” — despite the State Department this month responding to “atrocities” in the camps, following reports of systemic rape and torture.

The commander-in-chief made the remarks after being asked during his CNN town hall Tuesday evening about his recent conversation with his Chinese counterpart, starting his response by relaying Xi’s justification for the abuses.

“If you know anything about Chinese history, it has always been, the time when China has been victimized by the outer world is when they haven’t been unified at home,” Biden began. “So the central — well, vastly overstated — the central principle of Xi Jinping is that there must be a united, tightly controlled China. And he uses his rationale for the things he does based on that.”

China, a nation that has faced a wave of international scrutiny over the past few years relating to its activities in dismantling democracy in Hong Kong and its refusal to accept responsibility for negligence and a lack of transparency at the onset of the coronavirus outbreak, has not let global tensions stop its mass internment of Uighurs in Xinjiang province.

“I point out to him no American president can be sustained as a president, if he doesn’t reflect the values of the United States,” the US president continued. “And so the idea is that I am not going to speak out against what he’s doing in Hong Kong, what he’s doing with the Uighurs in western mountains of China and Taiwan — trying to end the one China policy by making it forceful … [Xi] gets it.”

“Culturally there are different norms that each country and their leaders are expected to follow,” he continued.


707 posted on 02/17/2021 11:26:50 AM PST by little jeremiah (Thirst for truth is the most valuable possession and no one can take it away from you.)
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