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#disseising
rhig1x6nr · 1 year
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ywmn5yuvxtxedu · 1 year
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yremn6xpunff · 1 year
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dkla0vd2j · 1 year
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wonbini · 5 months
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Hello, this is SM Entertainment.
I would like to tell you about Seunghan, a member of Rise (RIIZE).
Seunghan sincerely apologizes and reflects on the disappointment and confusion caused to the team and members as well as to the fans due to his privacy-related issues that have recently been illegally leaked and circulated through SNS and online communities.
Because of this, Seunghan feels a mental burden and responsibility.
After much deliberation, I have expressed my intention to stop activities for the team.
We also decided that it would be unreasonable to continue our activities in this situation, and we decided to suspend our activities indefinitely, respecting our opinion that we do not want to cause any more damage to the team and members.
Therefore, Rise will be active as 6 members except Seunghan from today (22nd).
Although it is a sudden situation, we ask for your understanding as it was decided through careful discussion with the artist himself, and we feel a great responsibility for the part that we neglected to manage the artist even before their debut.
Once again, I deeply apologize to the fans.
However, the videos and photos that are currently being leaked and disseminated were taken during a private time as a trainee before their debut, and have been reproduced several times to cause misunderstandings through intentional secondary editing, such as using video with a specific source.
In addition, unauthorized leaks and disseers of the videos and photos continue serious defamation against artists by spreading fabricated and distorted information that is different from the facts by mobilizing malicious methods that generate non-existent messenger conversations and unfounded false facts.
As soon as we were aware of the above facts, we monitored and collected a significant amount of evidence to identify unauthorized leakage and distribution, and we plan to file a complaint with the competent police station this afternoon.
In addition, we are further reviewing legal measures for specific people, including defamation of artists due to unauthorized leakage and distribution, as well as various illegal acts such as cybercrime and intimidation.
We are for artists and teams.
And for fans who love the team, we will not only sue, but also respond strongly to all secondary acts, such as creating, disseising, and reproducing reckless rumors related to artists through additional posts, without any agreement or goodwill.
We will continue to do our best to protect our artists.
Thank you
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st4rwon · 5 months
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wtf-
(translation under cut)
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translation:
Hello, this is SM Entertainment.
I would like to tell you about Seunghan, a member of Rise (RIIZE).
Seunghan sincerely apologizes and reflects on the disappointment and confusion caused to the team and members as well as to the fans due to his privacy-related issues that have recently been illegally leaked and circulated through SNS and online communities.
As a result, Seunghan felt a mental burden and responsibility, and after much deliberation, he expressed his intention to stop activities for the team.
We also decided that it would be unreasonable to continue the exchange in this situation, and we decided to suspend our activities indefinitely in respect of our opinion that we do not want to cause any further damage to the team and members.
Therefore, Rise will be active as 6 members except Seunghan from today (22nd).
It's a sudden situation, but it was decided through careful discussion with the artist himself.
We ask for your understanding, and we feel very responsible for the part that we neglected to manage the artist even before our debut.
Once again, I deeply apologize to the fans.
However, the videos and photos that are currently being leaked and circulated were well-produced during the private time as a trainee before their debut, and have been reproduced several times to cause misunderstandings through intentional secondary editing using video with a specific source.
In addition, unauthorized leaks and disseers of the videos and photos continue serious defamation against artists by spreading fabricated and distorted information that is different from the facts by mobilizing malicious methods that generate non-existent messenger conversations and unfounded false facts.
As soon as we are aware of the above facts, we will proceed with the monitoring
We have collected a significant amount of evidence to identify unauthorized leaks and disseminated, and we plan to file a complaint with the competent police station this afternoon.
In addition to the specific person, it is not only damaged by the artist's name due to unauthorized leakage and distribution.
Furthermore, we are further reviewing legal measures for various illegal acts such as cybercrime and blackmail.
For artists and teams,
And as well as suing for fans who love the team.
Through additional posts, we will respond strongly to all secondary acts of offender, such as creating, disseising, and expanding and reproducing reckless rumors related to artists, without any agreement or goodwill.
We will continue to do our best to protect our artists.
Thank you.
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bigwishes · 1 year
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Questions Answered
I have gotten quite a few questions in my ask inbox and DMs. a lot of them are a very similar vein and I haven’t answered them because been busy with the holidays. Now I have a bit of time I thought I’d smash some out (still feel free to DM me if these answers create more questions or you had one I didn’t answer)
Q1) Do you take roids/plan on taking roids? A1) No, and I don’t think I ever will. For a few reasons, 1 being I like the idea of being natty even if it means Ill never really reach my goal and 2 being my family already has some thinks like heart disseise that is genetic and I don’t really feel like dealing roids onto the table Q2) How long have you been working out/ Why didn’t you start earlier A2) consistently I have been working out for about a 8 months, although a lot of that has been learning what I am doing and studying form so I can push myself in 2023 without injury. As for why I didn’t start earlier I grew up in a remote community in the outback and we didn’t have a gym, I learnt what bodybuilding was about 18/19 and push ups only get you so far, but now I live closer to civilisation and am trying to get my grind on. Q3) what kind of guys do you like other than bodybuilders? would you date a twink? A3) I like other kinds of guys, a bloke doesn’t have to be a bodybuilder to catch my fancy but he does need to be into fitness and lifting and that’s more out of a shared interest thing. I want to date a guy who’ll work out with me and push me in the gym, go on hikes with me and other stuff and just in my experience twinks aren’t for me.  Q4) do you have a picture of what you wanna look like? A4) yep,
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again unknown how close I’ll ever get to my goal going full natty but my plan is to put on as much muscle as I can naturally gain.
Q5) do you want to compete A5) I have thought about it, it’d just be a minor thing, nothing too big but possibly? don’t really know yet. But I do know I definitely want a poser when I have some more mass, those things are fucking hot.
Q6) will we ever get pics? A6) probably not. Sorry for people who wants pics of my progress but no. I dunno there may be a chance in the future when I like my body a bit more but even then I’d need to be careful as I am studying for a government job.
Q7) do you have other fantasies or just muscle growth? A7) yeah, a few others. It kind of came out of no where a few weeks ago but race change, the idea of staying the same person but at the same time becoming an entirely different person is very hot to me. Also sweat and B.O
Q8) Do you actually want to be sweaty all the time? A8) in fantasy yes, but I know in reality that is not possible with work. However there is nothing stopping me from hitting the gym and enjoying the stink for a few hours after. Not to mention it takes about 20-30 minutes of scrubbing to even wash it out because I am hairy as and it gets stuck. [as a bonus answer same goes for burping, I know I wouldn’t be able to forever but there is something about it that makes me feel sexy when I’m belching after a work out]
Q9) can I fund your growth for pics? A9) I’ve had a fair few guys message me asking if I have a pateron or somewhere they can send me money to see my progress and fun my progress and whilst the gym is expensive no, but unlike the pics in general where I dunno if ill get to a point of liking myself to post pics I don’t think I’ll ever make a pateron to fund my progress. Q10) what is something you think you’ll do when you get bigger? A10) Flex and wear underwear haha, once I start getting bigger I definitely see myself flexing in the mirror in my underwear for at least an hour a day. Hopefully one day Ill have the perfect storm of being big, having a massive pump, sweating up a storm and belching out my protein bloat.
Hope all the people who have been waiting for their answers got their questions answered. If not or if you have more you can always send in an ask or DM me.
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argleblarg · 2 months
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(26) hencefowth thewe iws tuwu be nothing given fow a wwit of inquest fwom the pewson seeking an inquest of wife ow membew, but such a wwit iws tuwu be given fweewy awnd iws nowt tuwu be denied. (27) if any pewsons howd fwom us at fee fawm ow in socage ow buwgage, awnd howd wand fwom anothew by knight sewvice, we awe nowt, by viwtue of such a fee fawm ow socage ow buwgage, tuwu have custody of the heiw ow theiw wand which pewtains tuwu anothew’s fee, now awe we tuwu have custody of such a fee fawm ow socage ow buwgage unwess thiws fee fawm owes knight sewvice. We awe nowt tuwu have the custody of an heiw ow of any wand which iws hewd fwom anothew by knight sewvice own the pwetext of sowme smaww sewjeanty hewd fwom us by sewvice of wendewing us knives ow awwows ow suchwike things. (28) no baiwiff iws hencefowth tuwu put any man own hiws open waw ow own oath simpwy by viwtue of hiws spoken wowd, without wewiabwe witnesses being pwoduced fow the same. (29) no fweeman iws tuwu be taken ow impwisoned ow disseised of hiws fwee tenement ow of hiws wibewties ow fwee customs, ow outwawed ow exiwed ow in any way wuined, now wiww we gow against such a man ow send against him save by wawfuw judgement of hiws peews ow by the waw of the wand. Tuwu no-one wiww we seww ow deny of deway wight ow justice. (30) aww mewchants, unwess they have bewn pweviouswy awnd pubwicwy fowbidden, awe tuwu have safe awnd secuwe conduct in weaving awnd coming tuwu engwand awnd in staying awnd going thwough engwand both by wand awnd by watew tuwu buy awnd tuwu seww, without any eviw exactions, accowding tuwu the ancient awnd wight customs, save in time of waw, awnd if they shouwd be fwom a wand at waw against us awnd be found in ouw wand at the beginning of the waw, they awe tuwu be attached without damage tuwu theiw bodies ow goods untiw iwt iws estabwished by us ow ouw chief justiciaw in whawt way the mewchants of ouw wand awe tweated who at such a time awe found in the wand thawt iws at waw with us, awnd if ouw mewchants awe safe thewe, the othew mewchants awe tuwu be safe in ouw wand.
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spicedlady · 3 years
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I dom’t know if the offer still stands but I would love some spice cream head canons.
IT ALWAYS STANDS anyway these are mostly family headcanons
also i would advise reading my other spicecream headcanons here
neo wanted cinder to film the birth so she could post it on the internet disseised as a video of puppies, but this this never ended up happening because neo had to have an emergency c-section
cinder is bi and neo is a lesbian
their child is nb and called aurélien fall
aurélien went to beacon and became a huntsman
cinder never got all the maiden powers but learned to be happy with what she had
cinder was a little distant in her first few years as a mother because she never had a parental figures as a child, and didn't want to be a bad mother
neo on the other hand, was a great mother and was determined to do better than her parents
thats all i can think of right now :D enjoy
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mrjamie · 3 years
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Election Day 2020 - Post 2
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 2020 has been historic event itself with the ongoing covid19 pandemic shutting do the world down, closing schools, colleges, non-essential shops and stopping all events and public gatherings from happening.  
Fast forward to summer 2020,
In summer Trump was holding 15-20 thousand people rallies’ talking about making America great again, telling his MAGA supporters all the things he wants to do when he gets re-elected as president. There was also one key thing trump was talking about too and it was VOTER FRAUD, keep in mind that he is saying all of this in summer and the election is not begin until November that year. It is safe to say that trump knew that he may lose voters with how he has been handling the 2020 pandemic and the BLM riots all over America. He was saying that there is a chance Biden will interfere with the election process. Clinging to notions of widespread vote rigging that his own Attorney had disseised before the election.
 Election day(s)
After a head-to-head campaign President Donald Trump and former vice president Joe Biden battle comes to one final showdown on November 4th
With 101 million votes already cast on November 3, the united states of America was on tract to have the biggest voter turn out in more than 100 years with 67% of voter turn out this year.
 November 4th
 Excitement is in the air as election day is finally here with the world watching and everyone putting bets on who will be president at the end of the day. The pols close and the votes start to get counted, hours later state officials start to call.
 Biden – WA,OR,CA,NV,AZ,NM,CO,NE/,MN,WI,IL,MI,GA,VA,PA,NY
Trump- MT,ID,UT,WY,ND,SD,NE/,KS,OK,TK,IA,MO,AR,LA,MS,TN,AL,FL,SC,NC,KY,IN,OH,WVAK
Biden was pushed over the lead with California projecting that we could be president, it was not Called by the press until nearly a week later on the 14th it was officially announced by the AC press that Biden had one with 306 electoral college votes which is more then needed at 270 electoral votes and trump just got 232. 81,281,888 votes went to Biden and 74,223,251 votes went to trump.
Victory of Biden came after clinching Pennsylvania and Nevada, where votes count continued for days after election night failed to deliver a clear winner. “Georgia one of the five states flipped by Biden after going into trumps column last time around, hadn’t been won by a democrat since bill Clinton in 1992”
 But the fight for victory wasn’t over yet because the president and republicans would uphold the election and file lawsuit after lawsuit.  
 What happens next will go down in history. Find out in my next blog post about January 6th 2021 coming next week
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alt-decol · 2 years
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Imprisonment, etc contrary to law. Administration of justice
NO freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor condemn him,1 but by lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right.
This means that arresting, being striped of your personal property, or having your societal laws (tikanga maori, hapu tribal structure and right to self governance) be undermined, or otherwise punished arbitrarily. but, by either a common law court or tikanga maori customary lore can one be subject to forms of judgment or "call in" and maybe requested to relinquish certain rights for a specific duration.
but this applies to the "freeman" - man in this time was arguably gender neutral tbc.
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100 Documents: Magna Carta
Magna Carta (Latin for “Great Charter”) was issued in Latin, on June 15th, 1215.  King John ruled how he liked, under the principle of vis et voluntas (”force and will”).  Like the kings before him, he believed he was above the law.  But he was unpopular with his people, and after defeats in France, he returned home to find a group of rebel barons organizing against him.
Both sides appealed to the Pope to back them up.  The Pope backed the King, but by the time his letters had arrived, the rebels had formed a military faction.  King John asked Stephen Langton, Archbishop of Canterbury, to organize peace talks.
The King and the rebels met at Runnymede, near Windsor, on the banks of the River Thames.  Here, the rebels presented the king with their reform demands, and over the next 10 days, the Magna Carta was worked out.  King John signed it, and several copies were made and distributed around the country as evidence of his decision.  They were also written in Latin, by hand on vellum.
The charter led to war, not peace, and the document was valid for only a few months, and it was never fully executed.  But during the 1200′s, it would be issued several times in various forms.
Despite the its failure, Magna Carta was the first document that a group of subjects had forced the king to sign, in an attempt to limit his royal powers through law, and protect their feudal rights.  The charter began the long historical process that would eventually lead to constitutional law, in England and elsewhere.  This would guarantee basic protections such as representative government, common law, and various trial rights.
Magna Carta has over 60 clauses, which cover many aspects of the nation’s life, including the right to a fair trial.  One excerpt is as follows:
No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man and send against him save by lawful judgment of his peers or by the law of the land.  To no-one will we sell or deny or delay right or justice.
Magna Carta has come to symbolize justice, fairness and human rights, as the first codification of English civil liberties.  Three clauses are still part of the law in England and Wales.  It was also important for America, as England’s legal system was used as a model for the colonies.
There are four surviving original copies of Magna Carta.  All are held in Britain.  The charter is also called Magna Carta Libertatum (”The Great Charter of the Liberties of England”).
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Articles of the Barons (the original demands presented to the king).
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Magna Carta (1215), held in the Salisbury Cathedral.
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A Few Natural Health Supplements To Stay Healthy
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Health is something which decays as the time passes, death cannot be undone, but with care and protection it is possible to stay healthy. There are various maladies, that can absolutely make life not worth living, doing simple things can be challenging, in such cases we go to general doctors, but those doctors use steroids, which may lead to side effects. However, opting for a natural supplement it is possible to be healthy without any side effects. It is suggested to have opt for a healthier life style than drug infused supplements.
While you decide to work out, there are so many things you may need to know. If you are looking for energy, endurance for cognitive performance you may need to think about a certain kind of supplements that may subject to give you strength and support for vigorous performance. It will be beneficial if you take C4 Pre Workout as it will help you to be the best of yourself while doing exercises.
There are times especially during weather change, clogged nose is an issue. This is a simple thing yet can be very distressful and annoying. However, considering Colloidal Silver nasal spray will be imperative. You need to know that colloidal silver products are made from silver supplements and products. Manufactures of colloidal silver often claim that it is a product often used to treat HIV, AIDS cancer herpes and other eye related issues. However, too much consumption of colloidal silver can be harmful to health.  
Another health supplement is Vitamin d3 which is also knowns sunshine vitamin. It is a very crucial element we all need in our body. However, other than the sunbath, you can also take vitamin D through your diet. It helps to alienate skin disseises and other skin related issues. To know more you can visit  https://www.vitasave.ca/ 
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nicholemhearn · 5 years
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The Rule of Law Is for Controlling Power, Not Keeping Order
Many Americans on the political right appeal to the idea of the rule of law to justify expelling undocumented immigrants and preventing ostensibly irregular refugee entry, like the “caravan” from Honduras. The broad idea seems to be that even those in dire need who are seeking the aid of the United States must do so through formal legal channels. For example, Tyler Houlton, the Department of Homeland Security spokesperson, said this on Twitter:
Stopping the caravan is not just about national security or preventing crime, it is also about national sovereignty and the rule of law. Those who seek to come to America must do so the right and legal way.
— Tyler Q. Houlton (@SpoxDHS) October 23, 2018
Similarly, Ari Fleischer declares that “[o]pposition to the caravan… is about the rule of law and people taking advantage of our country.”
This story is infuriating. And so off-base.
Opposition to the caravan, it says, is stoked by fear. To me, it’s about the rule of law and people taking advantage of our country.
https://t.co/580xf6OSNE
— Ari Fleischer (@AriFleischer) October 28, 2018
This is a serious mistake. The point of the rule of law is to control the abuse of power—, particularly government power—not to force the powerless to submit to formal legal processes.
What is the rule of law, anyway?
At its heart, the rule of law is a moral principle of how government power is to be used. It specifies that government power may be invoked:
only when authorized by law,
pursuant to legal procedures that give the people subject to government authority  the ability to demand a justification for official action,
and on the basis of laws that reflect a public purpose which treats people as equals.
The classic contrast to “the rule of law” is “the rule of men:” the arbitrary use of the powers of governance by petty autocrats and kleptocrats, the show trials and secret police of the Soviet Union, the disappearances of Pinochet, the shameless plunders of Roman imperial governors, and the roaming gangs of semi-official thugs of Papa Doc Duvalier and Rodrigo Duerte.
Commentators like Houlton and Fleischer don’t just get to invoke their own version of the rule of law. It has a real meaning. When we appeal to the notion of the rule of law, we draw on a long history of thought by lawyers and philosophers about controlling the dangers of lawless government power.
Probably the first reference to anything reasonably translatable as “the rule of law” was in Aristotle’s Politics. For Aristotle, the rule of law was a necessary part of a regime in which the people were understood as equals: if all were equal, then it was wrong for some to have the power to rule others. Aristotle argued that in such a regime, officials  were to be understood merely as servants of the law.
A.V. Dicey, usually considered the greatest expositor of the British rule of law, expresses the ideal in a couple of key principles. First, nobody can be punished by the government except pursuant to a violation of law prosecuted via ordinary legal process. Second, nobody is above the law—officials, aristocrats, all are subject to the same law as everyone else.
The canonical documents of our shared legal tradition are filled with Dicey’s principles. Chapter 39 of Magna Carta declares that “[n]o free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.” The Fifth and Fourteenth Amendments to the U.S. Constitution protect legal equality and forbid life, liberty, and property from being taken by the government absent due process of law.
The great thinkers of this rule of law tradition have also explained why we ought to value the rule of law, understood this way. For Aristotle, as I said, it was a consequence of equality: if the people of a country were genuinely equals, then no one could have the power to rule over others without law.
For F.A. Hayek, the rule of law was about liberty. Hayek argued that a person who could not be punished except according to law could, by consulting the law, have notice of the complete set of forbidden behaviors—giving him or her some guarantee that any other behavior would be permissible. By contrast, someone who could be punished pursuant to the arbitrary will of some petty dictator would have to walk around on pins and needles, afraid to take any bold action for fear of offending the powerful—a phenomenon that free speech scholars call a “chilling effect.” In addition, if officials had to be subject to the same law as ordinary people, they had an incentive to keep that law from being too oppressive—if they made all kinds of silly rules, they burdened themselves like they burdened everyone else. (I have some problems with Hayek’s argument, but they’re not pertinent here.)
Notice how all of this so far has been about the government and its power. Those who fought to establish the rule of law throughout history have always feared the arbitrary use of the monopoly of violence held by states, never the misbehavior of ordinary people. They realized that ordinary people simply didn’t have armies of heavily armed people to do their bidding, and are therefore less of a threat than the state.
The danger of bad rule of law arguments
Yet the American conversation has sometimes featured a troubling second story, according to which this normative principle we call “rule of law” requires ordinary people to obey the law. As the paragraphs above suggest, I think this is a bad mistake—we might call it the obedience mistake. I’ve argued against it at greater length in the academic journals. Taken to an extreme, this kind of talk about the abuse of rule of law actually enables rather than inhibits the overuse of official power.
Nathan Robinson has written a wonderful essay about the absurdity of pretending that a five-year-old immigrant can be held to a document which she signed waiving a right to a hearing—as if the formal rules and signifiers of legal waivers mean anything in the face of the grotesque power disparity between a team of heavily armed federal agents and a toddler. But the obedience mistake almost seems to justify holding the five-year-old to her signature. After all, there’s a formal sense in which it’s just ordinary legal process. The government has the legal power to ask people to waive their rights, and she signed it—in this country, whether at the used car dealership or in the immigration detention, we hold people responsible for the things they sign. If we demand that the government obey the paperwork that formalizes the legal rules established to control its choices, why shouldn’t we make the same demand of those whom the government regulates?
Of course, we all know that’s nonsense. The legal as well as conceptual absurdity of the notion is self-evident here, because a five-year-old doesn’t have the capacity to knowingly and intelligently waive legal rights. Under any even remotely plausible reading of the legal formalities, the document was a nullity from the moment the ink was dry. As it turns out, we don’t let kindergarteners buy used cars either—and not just because they don’t get a license until they’re sixteen.
But what about an adult? Suppose a grown person from Honduras, maybe not so fluent in English, and under pressure (but not illegal pressure) from ICE, signs this document? Must we hold him or her to it as strictly as we’d hold the government to a waiver of its rights?
Or suppose—as doubtless happens every day in the nation’s courts—an innocent criminal defendant agrees to a plea bargain under pressure from the prosecutor. Again, not illegal pressure, as such. Just…pressure. It turns out that America has a lot of really punitive laws, and prosecutors have nearly unconstrained power to [over-]charge people with violating them. Even if you’re innocent, if the prosecutor can charge you with enough crimes to be facing a 20-year sentence, and then they offer you six months, you have to be pretty confident about your ability to convince the jury to risk a trial. So you take the deal. Is this the rule of law?
The rule of law is a one-way street
Here’s one thing that someone might say about the rule of law and these kinds of rights waivers: “we have to respect legal formalities, because the alternative is just to give officials broad discretion: would you rather the rule be that ICE agents get a choice whether or not to give someone a hearing, regardless of what form that person signed or declined to sign?” My imaginary interlocutor might go further, and say that holding government officials to the rules necessarily implies giving legal significance to the individual decisions of people as to whether or not to waive their rights. The choice available to government officials is to strictly follow the law (including holding people to their waivers) or to use their own discretion (and hence have uncontrolled power). There’s no in-between.
Tempting as that thought is, it’s wrong. It’s possible to have one-way discretion. Formally speaking, the rule that “you have to give someone a hearing, unless they sign the paper waiving the hearing” does not entail “if they sign the paper waiving the hearing, you don’t have to give them a hearing.” (To infer the latter from the former would be to commit the classical fallacy of denying the antecedent).
In terms of how we ought to think about discretion and justice, we can and should say that the official does not have the discretion to use the government’s power against the individual when it isn’t authorized by the rules, but does have the discretion to decline to use that power when it is so authorized. Of course, there are some cases, as when the official uses discretion in a biased or self-interested way—never prosecuting people of a particular race or people who pay a bribe—when other rule of law values prohibit the use of discretion. But in most cases we can distinguish between corrupt uses of discretion and the use of discretion to serve justice.
Moreover, sometimes we think that officials ought to exercise discretion to not use their power over people. Suppose a police officer pulls someone over for a minor speeding offense, and then sees a pregnant woman going through labor in the passenger seat. Not only would we praise the officer for letting the driver go, I think most of us would go so far as to say that the officer does something wrong to write the ticket. In such a situation, we ought to describe the use of the government’s power to write the ticket as legally permissible yet unjustified.
The same goes for punitive responses to the caravan. The legality of the prospective actions of caravan members is, at best, complicated. As I understand it, the following three propositions express the legal status of people in the caravan (and I’m not an immigration lawyer, but I’ve run this by some friends who are immigration lawyers, so there’s that):
People in the caravan can show up at ports of entry and request asylum without breaking any U.S. laws at all.
People in the caravan can enter illegally (in which case, obviously, they do break a law), but they’ll be protected from deportation while an asylum request is adjudicated, as well as win the permission to stay in the country if their request for asylum is granted.
U.S. law arguably only entitles people to request asylum when they’re in the country (although another good reading of the statute is that people are entitled to request asylum outside the country, at a port of entry). In principle, Trump could close the ports of entry and make no officials available outside the country for members of the caravan to request entry. Practically speaking, that would mean that in order to make a request for asylum, people in the caravan would have to commit an illegal entry, just to find someone to make the request to. In effect, Trump can set it up so that you have to risk breaking the law in order to seek asylum in the U.S.
So suppose that last contingency happens: Trump closes the border, anyone who asks for asylum has to illegally sneak in to do so.
Improper entry is a relatively minor crime. Shutting down the border is like intentionally closing a major thoroughfare in a big city to force traffic onto side streets knowing in advance that many drivers many will exceed the residential speed limits. That’s irresponsible governance. Still, it’s better if drivers stay within the limits of law. But if they don’t, it’s not a crisis. An increase in moving violations doesn’t call into question the integrity of the legal order.
Likewise, we’re not going to lose anything that we value in the rule of law just because a few people cross the border illegally. Actually, closing the border would be far more irresponsible than shutting down a freeway, because the government would have no purpose for doing so other than to force otherwise innocent people into lawbreaking in order that they might have an opportunity to make lawful claims to asylum that they would otherwise be able to make. It’s analogous less to innocent road construction and more to Chris Christie’s malicious bridge blockade.
The U.S. government has the legal obligation to entertain requests for asylum no matter how the requesters get across the border to make them, and the humanitarian obligation to exercise discretion to allow the requesters to make asylum requests at the border. People like Houlton and Fleischer should stop pretending that it would somehow offend the rule of law for the government to comply with those obligations, even if the requesters do end up having to break the law to get in a position to make the request.
Law and order
Let’s be a bit more charitable to Houlton and Fleischer. There’s surely some reason for people to follow established procedures. If you can enter the country the bureaucratic way, by filling out the forms and waiting at an embassy for a visa, shouldn’t you do so?
I think what Houlton and Fleischer are really getting at, and what a lot of conservative-inclined folks really mean when they talk about the “rule of law” as a reason for people to check the bureaucratic boxes, is something like “order.” And, to be sure, order matters. It’s easier to live in society if your fellow humans behave predictably, as set out by the rules. If nothing else, predictable behavior makes it cheaper to run institutions affecting large numbers of people. And of course violent disorder is unacceptable because violence is morally reprehensible.
But it’s hard to see how nonviolent kinds of rule-breaking are bad other than for those two reasons, that is, because it’s more expensive to deal with disorderly behavior, or because disorderly people sometimes jump queues in an unfair way. Those are the only ways in which rule-breaking even arguably hurts one’s fellow humans.
If that’s what matters to you, that’s fine and good, but you should say so explicitly. Let’s rewrite that Houlton tweet a bit:
Stopping the caravan is not just about national security or preventing crime, it is also about national sovereignty, efficiency, and turn-taking. Those who seek to come to America must do so the inexpensive and bureaucratically-convenient-for-the-government way.
Sounds a lot less convincing, doesn’t it? Traditional rule of law values like freedom and equality might outweigh the humanitarian needs presented by a caravan of refugees—but saving a few administrative costs sure doesn’t.
At most, maybe Houlton can say that it’s unfair to other people who want to request asylum to give priority to considering the requests of those in the caravan—but that argument is implausible too, since we ought to allocate our request-consideration resources according to need, and it’s hard to believe that people who weren’t in dire need would walk thousands of miles to get to a country they perceive as safe. And, at any rate, if we accept that people who are genuinely entitled to asylum under our law are also entitled to request asylum, then if there are more people requesting than our current institutions can accommodate, we ought to spend a little money to expand the capacity of those institutions.
At bottom, this rule of law argument against the caravan seems to come down to nothing but stinginess.
Paul Gowder is Associate Professor of Law at the University of Iowa, where he also holds courtesy appointments in the Departments of Political Science and Philosophy. He is author of The Rule of Law in the Real World.
The post The Rule of Law Is for Controlling Power, Not Keeping Order appeared first on Niskanen Center.
from nicholemhearn digest https://niskanencenter.org/blog/the-rule-of-law-is-for-controlling-power-not-keeping-order/
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anadromeo · 6 years
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Lux played today's #HighScore: DISSEISE at (a measly) 150pts https://t.co/wHp4bVP2PR #game #scrabble #playmath pic.twitter.com/COgPjEGgDg
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oneguywithaniphone · 6 years
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June 15, 1215: Magna Carta sealed
Following a revolt by the English nobility against his rule, King John puts his royal seal on the Magna Carta, or “Great Charter.” The document, essentially a peace treaty between John and his barons, guaranteed that the king would respect feudal rights and privileges, uphold the freedom of the church, and maintain the nation’s laws. Although more a reactionary than a progressive document in its day, the Magna Carta was seen as a cornerstone in the development of democratic England by later generations.
John was enthroned as king of England following the death of his brother, King Richard the Lion-Hearted, in 1199. King John’s reign was characterized by failure. He lost the duchy of Normandy to the French king and taxed the English nobility heavily to pay for his foreign misadventures. He quarreled with Pope Innocent III and sold church offices to build up the depleted royal coffers. Following the defeat of a campaign to regain Normandy in 1214, Stephen Langton, the archbishop of Canterbury, called on the disgruntled barons to demand a charter of liberties from the king.
In 1215, the barons rose up in rebellion against the king’s abuse of feudal law and custom. John, faced with a superior force, had no choice but to give in to their demands. Earlier kings of England had granted concessions to their feudal barons, but these charters were vaguely worded and issued voluntarily. The document drawn up for John in June 1215, however, forced the king to make specific guarantees of the rights and privileges of his barons and the freedom of the church. On June 15, 1215, John met the barons at Runnymede on the Thames and set his seal to the Articles of the Barons, which after minor revision was formally issued as the Magna Carta.
The charter consisted of a preamble and 63 clauses and dealt mainly with feudal concerns that had little impact outside 13th century England. However, the document was remarkable in that it implied there were laws the king was bound to observe, thus precluding any future claim to absolutism by the English monarch. Of greatest interest to later generations was clause 39, which stated that “no free man shall be arrested or imprisoned or disseised [dispossessed] or outlawed or exiled or in any way victimised…except by the lawful judgment of his peers or by the law of the land.” This clause has been celebrated as an early guarantee of trial by jury and of habeas corpus and inspired England’s Petition of Right (1628) and the Habeas Corpus Act (1679).
In immediate terms, the Magna Carta was a failure–civil war broke out the same year, and John ignored his obligations under the charter. Upon his death in 1216, however, the Magna Carta was reissued with some changes by his son, King Henry III, and then reissued again in 1217. That year, the rebellious barons were defeated by the king’s forces. In 1225, Henry III voluntarily reissued the Magna Carta a third time, and it formally entered English statute law.
The Magna Carta has been subject to a great deal of historical exaggeration; it did not establish Parliament, as some have claimed, nor more than vaguely allude to the liberal democratic ideals of later centuries. However, as a symbol of the sovereignty of the rule of law, it was of fundamental importance to the constitutional development of England. Four original copies of the Magna Carta of 1215 exist today: one in Lincoln Cathedral, one in Salisbury Cathedral, and two in the British Museum.
from History.com - This Day in History - Lead Story https://ift.tt/19BByeH
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