hope this never becomes relevant
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you know what i actually love this completely awful but as least as plausible as Roe and certainly more plausible than Wickard interpretationhttps://twitter.com/BellaRudd1/status/1381197862575337473?s=19 …
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anyway but no. if youre curious/unfamiliar corruption of blood by bill of attainder refers to an old legal practice in England and probably other places in the western european royal/aristocratic system (all Salic law? uncertain) anyway
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a bill of attainder in parliamentary systems is when the legislature gets together and votes that someone is guilty of a crime. no trial, just political vote these are understood to be banned
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another feature of these systems was "corruption of blood", in which a crime committed usually by a title noble was punished not only by punishing the offender but depriving an heir of his ability to inherit property and titles this was mostly a political measure
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oh interesting. wikipedia claims on attainder. so apparently attainder is simply tied to corruption, and the /bill/ or /writ/ bit refers to the source of the attainderpic.twitter.com/Cm2flZn3pr
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this paragraph is hilarious to me. as i suspected from a hostile reading the text of the Constitution *only* prohibits attainder for treason specifically so hypothetically constitutionally you could assign attainder as a penalty for jaywalkingpic.twitter.com/XiZ5EkINJI
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AND THEN the first congress realized immediately that they had fucked up and passed a new but non-Constitutional law prohibiting attainder's use in other situations BUT THIS IS ONLY LEGISLATIVE
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so basically we are legislative majorities, a willing president, and 230 years of having just forgotten about this little fucksie-wucksie from bringing back Attainder for whatever people want
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and in fact it is even worse than that because the 1790 law prohibits attainder only at the Federal level so yes the Constitution is incorporated in some sense (who made that shit up) but nothing in the Constitution bans attainder except for treason
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what do you think the odds are that we could find one (1) state to test this theory. remember that we have fifty to choose fromb
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is there arxiv but for law. i have some free time and I would like to submit this to a law review and shop it around to some policy tanks
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