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What? You gotta be kidding.
Posted by: samintx
Date: February 26, 2020 07:44PM
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Re: What? You gotta be kidding.
Posted by: Ombligo
Date: February 26, 2020 07:52PM
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Re: What? You gotta be kidding.
Posted by: Janit
Date: February 26, 2020 08:49PM
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Re: What? You gotta be kidding.
Posted by: S. Pupp
Date: February 27, 2020 07:14AM
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Re: What? You gotta be kidding.
Posted by: Acer
Date: February 27, 2020 09:00AM
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Re: What? You gotta be kidding.
Posted by: vision63
Date: February 27, 2020 12:05PM
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S. Pupp
Who in their right minds would vote against a bill that makes lynching a Federal crime?
Oh, they're Republicans and one independent who was a Republican until last year.
What a transition for the GOP over the course of 160 years: From pro-abolition to pro-lynching.
Re: What? You gotta be kidding.
Posted by: Mr Downtown
Date: February 27, 2020 12:16PM
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Re: What? You gotta be kidding.
Posted by: rjmacs
Date: February 27, 2020 12:40PM
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Mr Downtown
Who in their right minds would vote against a bill that makes lynching a Federal crime?
People who understand our Constitution.
It's a system of dual sovereignties. Murder, mob action, assault, battery—all are state crimes. Where in Article I Section Eight is Congress given a general police power—no matter how revolting or unpopular the crime is?
Re: What? You gotta be kidding.
Posted by: Mr Downtown
Date: February 27, 2020 01:57PM
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rjmacs
Depriving a person of their constitutional rights at the state level can absolutely be a federal crime.
The ones concerning public accommodation? As we know from Heart of Atlanta Motel and Daniel v. Paul, even if it's a bit of a stretch, those fall within Congress's power under the Commerce Clause. But we also know from Lopez and Morrison that the Commerce Clause can't be stretched to regulate violence or murder.Quote
Should we strike all federal civil rights protections at the state level?
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Nothing is a more complete deprivation of someone's right to life, liberty, and pursuit of happiness - under the putative equal protection of the law without regard to race - than to be lynched.
Re: What? You gotta be kidding.
Posted by: Lux Interior
Date: February 27, 2020 03:40PM
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Re: What? You gotta be kidding.
Posted by: Ca Bob
Date: February 27, 2020 03:42PM
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Quote
Mr Downtown
Who in their right minds would vote against a bill that makes lynching a Federal crime?
People who understand our Constitution.
It's a system of dual sovereignties. Murder, mob action, assault, battery—all are state crimes. Where in Article I Section Eight is Congress given a general police power—no matter how revolting or unpopular the crime is?
Re: What? You gotta be kidding.
Posted by: Mr Downtown
Date: February 27, 2020 04:16PM
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Re: What? You gotta be kidding.
Posted by: rjmacs
Date: February 28, 2020 09:12AM
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Re: What? You gotta be kidding.
Posted by: Mr Downtown
Date: February 28, 2020 12:32PM
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Re: What? You gotta be kidding.
Posted by: rjmacs
Date: February 28, 2020 12:47PM
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Mr Downtown
How is it racist for murder or kidnapping to be a state law rather than a federal law?
Re: What? You gotta be kidding.
Posted by: Mr Downtown
Date: February 28, 2020 01:39PM
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Re: What? You gotta be kidding.
Posted by: numbered
Date: February 28, 2020 01:48PM
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rjmacs
Simple - because in states that do not protect their citizens from racist murders (read: lynchings), nor prosecute the perpetrators, your Constitution leaves victims without any legal remedy.
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The New Orleans Massacre of 1866 occurred on July 30, during a violent conflict as white Democrats, including police and firemen, attacked Republicans, most of them black, parading outside the Mechanics Institute in New Orleans. ...There were a total of 150 black casualties, including 44 killed...
The riots catalyzed support for the Fourteenth Amendment, extending suffrage and full citizenship to freedmen, and the Reconstruction Act, to establish military districts for the national government to oversee areas of the South and work to change their social arrangements.
Re: What? You gotta be kidding.
Posted by: numbered
Date: February 28, 2020 01:51PM
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Re: What? You gotta be kidding.
Posted by: rjmacs
Date: February 28, 2020 01:55PM
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Mr Downtown
Has 42 U.S.C. § 1983 been repealed?