Immediately after the war, Germans developed a comforting myth that ordinary people did not know what happened under the Nazis. But later scholarship looked at newspaper archives et cetera and demonstrated conclusively that they knew. They knew about practically all of it.https://twitter.com/augustus709/status/1006951122479796225 …
Suggested framing: The 8th Amendment doesn't apply to non-citizens. But! ICE are citizens, are they not? I say the _infliction_ of cruel and unusual punishment is prohibited.
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You might notice that this addresses a couple other problems we've had trouble living with, over the years.
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There is quite a bit of Constitutional law about the distinction between protections for citizens vs protections for people. Most protections apply to PEOPLE.
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And for the 8th, it's phrased purely as a prohibition against Government action. All three clauses.
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New conversation -
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I should probably have looked up the wording before I wrote this. That is the straightforward reading of the 8th, it is a prohibition against the government, not (phrased as) a right of citizens. Compare with the 6th.
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