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constitutional law

  • UpTrust AdminSA•...

    What should law look like in 2050?: Constitutional reform

    The 203-year amendment The most recent constitutional amendment — on congressional pay — was proposed in 1789 and ratified in 1992. Two hundred and three years. The last substantive one was 1971. The Constitution is not a living document....
    constitutional law
    comparative constitutional law
    constitutional reform
    democratic governance
    Comments
    0
  • UpTrust AdminSA•...

    What actually happened on January 6th?: Institutional stress test

    The gavel At 3:42 a.m. on January 7, 2021, Vice President Mike Pence gaveled in the final tally. The Capitol still smelled of tear gas. Broken glass had been swept but not replaced. And the constitutional process completed exactly as the Twelfth Amendment prescribed....
    us politics
    constitutional law
    civic institutions and government
    elections and electoral process
    Comments
    0
  • UpTrust AdminSA•...

    What actually happened on January 6th?: Insurrection frame

    The legal record On January 20, 2025, Trump signed executive clemency for over 1,500 January 6th defendants. Some had been convicted of seditious conspiracy. Some had pleaded guilty to assaulting police officers with flagpoles and chemical spray....
    us politics
    american history
    criminal justice
    constitutional law
    Comments
    0
  • K

    May I see Your ID Please. AT the top,l et me say I pride myself as being what I call a common sense Centrist, I think good governance is good governance simple as that.  I think Its Good for Gvt to defend our country, pave our roads, help people recover from disaster, provide Limited help to people who need ot be lifted out of poverty. You get the picture.  NOT good for GVT; tell me what books I can read, installing religious beliefs in schools,  basically stay out of my Beliefs.   

    Hopefully that qualifies me as a reasonable common sense human.  

    Having said that, Lets try this. 

    Some form of Identification requirement for Voting is not such a horribe Idea.  

    Some support for my Argument.

    If I want to FLY, I must provide a Gvt issued ID

    If I want to Operate a Motor Vehicle- I MUST have the GVT Issued License.

    If I want to go to the library I need a "card" to do So. 

    If I buy Tickets for a Show and go to Willcall to get the tix. I need to Provide ID.

    The Left says that VOTER ID would discourage Some from Voting.  The Rght says that attitude Proves that the Democrat leaders encourage Voter Fraud AND those fraudulent voters ALWAYS vote Democratic.  There is NO evidence tthat actually Happens in any organized way.  And, Who are these people that want to Vote Illegally, How many of them are out there.  Enough to change the outcome of elections?  Im a cynic on that Idea.

    Im Saying it's time to Put this debate to bed.  Provide a State Issued Voter ID.  

    In NJ The Motor Vehicle Comission Issues the "REAL ID". It has deep proof of who I am.  If the GVT trusts that and will let me get on a Plane, It seems to me that should Qualify as a way to verify I have a verified way to Vote.   

    Kevinnj•...
    I see that a UNIVERSAL way to identify qualified voters,  which Suggests a FEDERAL solution.  Can That Happen while still honoroing the spirit of Article 1 Sect 4 Of the sonstitution which grants the rights to conduct elections to the States....
    political science
    constitutional law
    civics
    government policy
    Comments
    0
  • K

    May I see Your ID Please. AT the top,l et me say I pride myself as being what I call a common sense Centrist, I think good governance is good governance simple as that.  I think Its Good for Gvt to defend our country, pave our roads, help people recover from disaster, provide Limited help to people who need ot be lifted out of poverty. You get the picture.  NOT good for GVT; tell me what books I can read, installing religious beliefs in schools,  basically stay out of my Beliefs.   

    Hopefully that qualifies me as a reasonable common sense human.  

    Having said that, Lets try this. 

    Some form of Identification requirement for Voting is not such a horribe Idea.  

    Some support for my Argument.

    If I want to FLY, I must provide a Gvt issued ID

    If I want to Operate a Motor Vehicle- I MUST have the GVT Issued License.

    If I want to go to the library I need a "card" to do So. 

    If I buy Tickets for a Show and go to Willcall to get the tix. I need to Provide ID.

    The Left says that VOTER ID would discourage Some from Voting.  The Rght says that attitude Proves that the Democrat leaders encourage Voter Fraud AND those fraudulent voters ALWAYS vote Democratic.  There is NO evidence tthat actually Happens in any organized way.  And, Who are these people that want to Vote Illegally, How many of them are out there.  Enough to change the outcome of elections?  Im a cynic on that Idea.

    Im Saying it's time to Put this debate to bed.  Provide a State Issued Voter ID.  

    In NJ The Motor Vehicle Comission Issues the "REAL ID". It has deep proof of who I am.  If the GVT trusts that and will let me get on a Plane, It seems to me that should Qualify as a way to verify I have a verified way to Vote.   

    RachelMaron•...
    My only disagreement isn’t really about verifying voters, it’s about access and implementation. Voting is a constitutional right, while flying or driving are conditional activities. This also gets complicated when  each state sets its own rules....
    public policy
    constitutional law
    voting rights
    Comments
    0
  • jordan avatar

    Seeing ourselves and our culture in Charlie Kirk. When I first heard about the murder I didn't know how big of a lightning rod it was going to be. Then my friend Kageni challenged me to write about the Charlie Kirk event “from an integral perspective,”* and I’ve learned to listen to her challenges, even when I'm feeling scared or inadequate (like this one). (For those who don't have the context, I apologize).

    Also, in writing about this human being as an object of our cultural fascination, I've necessarily moved past the well of human grief and empathy. Forgive my insensitivities, oversimplifications (mapping rather than territory-ing), many omissions, forgive if I strayed from my lane, and may we continuously reclaim our shadows to create a more loving world.

    I. We are projecting so much onto Charlie Kirk that says more about us than the real tragedies. This is normal—to quote Valerie Daniel “You can't breathe without getting projected on.” But it keeps us from confronting the raw realities of grief, powerlessness, the horror and unpredictability of life, the darkness and violence in humanity. And the irony—cruel or helpful, depending on your view—is that whatever we’re unwilling to face in ourselves is destined to repeat itself.

    So let’s reclaim these projections, for our personal peace, and to prevent future tragedies. All the negative and positive stuff we project onto Kirk, onto culture, onto whoever we deem the other. Eg: If I can’t stand the celebrations, I’m probably hiding from my own schadenfreude, likely hiding how deeply I’m ashamed of my desire for power and holding others accountable. Or I’m unwilling to be tender with myself when I think I'm a victim, leading to over-responsibility: exhausting for me and enabling to others.

    Loving like this is fierce. I call it forgiveness. It demands the courage to challenge deep rooted beliefs we use to orient to the world, and stay present in the resistance.

    II. There are at least three distinct conversations happening at once:

    1. Murder is always a tragedy, including Kirk’s.

    2. Kirk's complicated character. His views are taken out of context but even so were offensive and scary to many people.

      How do we stay present with that fear and offense? But also the way he inspired so many good things in people, including the kind of integrity and service in young men this his murderer lacked? How do we wrestle with views that appear to span the gamut from traditional christian conservative (amber) to modern defenses of free speech (orange) to post-conventional institutional critiques (green)?

    3. Celebrations of his murder are vastly overrepresented online, but are part of a feedback loop that leads to more fracturing, which leads to individuals like Kirk’s killer making specific horrific unethical choices, which keeps the loop going.

      (Eg: his success was somewhat a reaction to the increasing cultural power of the radical left (operating from amber/ethnocentric structure despite progressive (Green) language), which is now getting amplified, which will amplify another conservative voice, which will lead to more assassinations).

      How can we re-align the system if we don't see we are it? Reclaiming our projections is a necessary first step if we’re highly triggered, because (a) systematically reconstructing our intersubjective meaning-making capacity demands intertribal coordination, and (b) it shows us where our actual power lies.

    III. Reclaiming our projections through collective dream analysis (sociosomnia).

    What if we see America’s reaction to him like a dream that we can interpret? Here’s one view: our culture is in a tizzy around free speech. We seem to both love it and be so terrified of it that we want to cancel and “kill” it. We’re trying to find orientation and values in the chaos of a post-truth world but we don’t yet know how to say “yes, all these points of view are valid (green) but some are more valuable, relevant, and true in this context than others (teal)."


    #TTT
    ---
    *The spirit of "from an integral perspective" in this context is making sense of competing claims to truth without demonizing anyone, but being willing to take a stand for goodness and values. To paraphrase integral grandpappa Ken Wilber, if we assume no one is smart enough to be 100% wrong, then how to we stitch together a coherent sense of what’s happening from all the partial truths and fragmented perspectives? In this particular post I’m relying a lot on adult developmental psychology, but the overall theory has a variety of other helpful meta-frames for understanding how seemingly totally different values relate.

    jordanSA•...
    is free speech a constitutional law concept? I'm ignorant on these matters, maybe bc I'm from the USA, I really thought it was just a common idea.   Sorry, I really don't see the thing you're trying to point at; maybe I could better if I were hearing you or seeing your face...
    philosophy
    communication studies
    constitutional law
    Comments
    0
  • jordan avatar

    Seeing ourselves and our culture in Charlie Kirk. When I first heard about the murder I didn't know how big of a lightning rod it was going to be. Then my friend Kageni challenged me to write about the Charlie Kirk event “from an integral perspective,”* and I’ve learned to listen to her challenges, even when I'm feeling scared or inadequate (like this one). (For those who don't have the context, I apologize).

    Also, in writing about this human being as an object of our cultural fascination, I've necessarily moved past the well of human grief and empathy. Forgive my insensitivities, oversimplifications (mapping rather than territory-ing), many omissions, forgive if I strayed from my lane, and may we continuously reclaim our shadows to create a more loving world.

    I. We are projecting so much onto Charlie Kirk that says more about us than the real tragedies. This is normal—to quote Valerie Daniel “You can't breathe without getting projected on.” But it keeps us from confronting the raw realities of grief, powerlessness, the horror and unpredictability of life, the darkness and violence in humanity. And the irony—cruel or helpful, depending on your view—is that whatever we’re unwilling to face in ourselves is destined to repeat itself.

    So let’s reclaim these projections, for our personal peace, and to prevent future tragedies. All the negative and positive stuff we project onto Kirk, onto culture, onto whoever we deem the other. Eg: If I can’t stand the celebrations, I’m probably hiding from my own schadenfreude, likely hiding how deeply I’m ashamed of my desire for power and holding others accountable. Or I’m unwilling to be tender with myself when I think I'm a victim, leading to over-responsibility: exhausting for me and enabling to others.

    Loving like this is fierce. I call it forgiveness. It demands the courage to challenge deep rooted beliefs we use to orient to the world, and stay present in the resistance.

    II. There are at least three distinct conversations happening at once:

    1. Murder is always a tragedy, including Kirk’s.

    2. Kirk's complicated character. His views are taken out of context but even so were offensive and scary to many people.

      How do we stay present with that fear and offense? But also the way he inspired so many good things in people, including the kind of integrity and service in young men this his murderer lacked? How do we wrestle with views that appear to span the gamut from traditional christian conservative (amber) to modern defenses of free speech (orange) to post-conventional institutional critiques (green)?

    3. Celebrations of his murder are vastly overrepresented online, but are part of a feedback loop that leads to more fracturing, which leads to individuals like Kirk’s killer making specific horrific unethical choices, which keeps the loop going.

      (Eg: his success was somewhat a reaction to the increasing cultural power of the radical left (operating from amber/ethnocentric structure despite progressive (Green) language), which is now getting amplified, which will amplify another conservative voice, which will lead to more assassinations).

      How can we re-align the system if we don't see we are it? Reclaiming our projections is a necessary first step if we’re highly triggered, because (a) systematically reconstructing our intersubjective meaning-making capacity demands intertribal coordination, and (b) it shows us where our actual power lies.

    III. Reclaiming our projections through collective dream analysis (sociosomnia).

    What if we see America’s reaction to him like a dream that we can interpret? Here’s one view: our culture is in a tizzy around free speech. We seem to both love it and be so terrified of it that we want to cancel and “kill” it. We’re trying to find orientation and values in the chaos of a post-truth world but we don’t yet know how to say “yes, all these points of view are valid (green) but some are more valuable, relevant, and true in this context than others (teal)."


    #TTT
    ---
    *The spirit of "from an integral perspective" in this context is making sense of competing claims to truth without demonizing anyone, but being willing to take a stand for goodness and values. To paraphrase integral grandpappa Ken Wilber, if we assume no one is smart enough to be 100% wrong, then how to we stitch together a coherent sense of what’s happening from all the partial truths and fragmented perspectives? In this particular post I’m relying a lot on adult developmental psychology, but the overall theory has a variety of other helpful meta-frames for understanding how seemingly totally different values relate.

    QuantumTangent•...
    "our culture is in a tizzy around free speech. We seem to both love it and be so terrified of it that we want to cancel and 'kill' it" Also elsewhere you provide this quote: "We agree with Charlie Kirk on basically nothing....
    constitutional law
    free speech
    culture studies
    Comments
    0
  • blake avatar

    The Decline and Fall of the Roman Empire, probably via use of the word "optics" ;) . I've been reading the Decline and Fall of the Roman Empire (abridged*, of course, at least to start with!). New to the topic, and I’ve never identified as a history buff, but I’m really loving it. I wanted to write a short post about it, but couldn’t quickly figure out how to say what I wanted briefly, so here’s a long one!

    It feels like a bird's-eye view of modern politics, in many ways, but especially regarding "The American Experiment." I'm sure this comparison isn't new--it's probably a huge part of what makes Decline and Fall popular today, despite being published in 1776. Since there's a whole trope about Rome buffs, I imagine many of you have hashed over all this a ton previously.

    The early part of Decline and Fall starts with how amazing Rome was. Of course, it built on other civilizations and governments that came before it, but I think we these days have a hard time imagining just how surprisingly modern it would seem to us, if we were transplanted to the Roman Empire in its heyday. Of course we have tons of hard tech they didn't. But on the social level, I think a lot of it would feel spookily familiar. (I’m sure the author and I are both missing or leaving out huge ways it’s different. But I think there’s still a lot we can learn from it.)

    Widespread assumption of and dedication to: rule of law, trial by peers, market-based economy. And somehow the start of the Roman Empire manifested a deep dedication among citizens and leaders to a Republic as the form of government. No nepotism, no monarchy, no might makes right. Government of the people, by the people, for the people, at least in spirit--my sense is people and government and military were all aligned in their dedication to that spirit. 

    And peace! Peace, for centuries, throughout a huge swath of the known world, where that hadn’t happened before. There was a kind of national religion they inherited from the Greeks, but they seem to have been even more dedicated to religious tolerance than to their religion (prior to Constantine and the Christians taking over). Sure, there was kind of constant fighting on the edges of the empire, including always against the pesky Gauls and German barbarians, who really hated the idea of being part of the big empire. But mostly, and especially compared to times before in much of Europe, you could live safe in your home with your family, for generations even, protected by law-abiding and law-enforcing local authorities, backed up by the Roman army when needed, truly answerable to the people through the representation of the Senate, such as it was, and it was pretty great as far as I can tell. 

    Now, the bird's-eye view of the modern USA comes in when, generation after generation, leader after leader, eventually monarch after monarch, the common-knowledge shared dedication to being a Republic and to all the ideas above, faded over time. First, one or two leaders came along who had enough sway over the army and enough popularity with the people that they were able to, against the grain of all Republic dedication, declare themselves effective leaders of the empire. First humbly, as first-among-many. Then with time, openly and pompously. Then with more time, it became obvious to everyone that the Republic was only a Republic in name, that it was just obviously "the way things worked" that the army effectively got to decide who became emperor, and that as soon as the army switched loyalties, you'd better be ready for a change, including probably a bunch of people getting killed for being on the wrong side. 

    The thing about Decline and Fall, wrt this kind of degradation, is you get to read real human stories of this happening, again, and again, and again, and again. The same patterns, the different humans with unique circumstances playing them out. 

    Why did the dedication to the original ideals degrade with time? I think the same natural processes, and lack of opposing processes, have led the US and myriad other democracies down similar paths over time. People and groups learn to subvert the system to get more of what they want in the short term, sacrificing the common-knowledge dedications and ideals that support the good things they have in the world. They pay less attention to the whole than is needed to maintain it. 

    I'll name what I see today as one instance of roughly this kind of degradation, and I hope it's a little spicy. I have been part of many, many conversations in organizations where, when discussing some strategic question for the organization, the word "optics" comes up. For the uninitiated, the word "optics" in this context means: people could see what we're doing and have interpretations of it. We don't want those interpretations to have bad consequences for us. So let's be sure to include in our strategizing some component of consideration for trying to get people's impressions (the public, journalists, stakeholders, or etc) to be at least neutral. I can understand that. But I want to live in a world where we're creating the whole we want, not mostly attempting to persuade or convince or if nothing else not be noticed by parts of society that IMO we ought to relate to as peers. If we all practice distrusting our peers' sense-making processes in this way of strategizing about "optics", we'll all end up with a society with worse and less sense-making. So what do I want instead? I want us to take actions with integrity. Yes to being aware of our reputation (individually, organizationally, etc) and acting with integrity.

    (*The abridged version I landed on, after some back and forth about versions with Claude, is the Womersly version. I love it. You get 100-200 pages of the above, which was just right for this first-timer.)

    #DeepTakes

    Wirvine•...
    I think its a combination of all the factors you listed. In some sense it was a necessary reponse to a changing world. My opinion, which reasonable minds can disagree with, is that the founders created a fairly weak executive, particularly in comparison to the king of Europe....
    political science
    history
    constitutional law
    Comments
    0
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