brentspeak
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Tue Feb-12-08 03:37 PM
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By what authority can Congress bestow to a President the power to grant retroactive immunity? |
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I see nothing in the Constitution which gives Congress legislative power to grant a President authority in these matters.
Anyone here familiar with the law on this?
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shraby
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Tue Feb-12-08 03:43 PM
Response to Original message |
1. Isn't that called an expost facto law? They |
atreides1
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Tue Feb-12-08 03:51 PM
Response to Reply #1 |
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Edited on Tue Feb-12-08 03:54 PM by atreides1
Generally speaking, ex post facto laws are seen as a violation of the rule of law as it applies in a free and democratic society. Most common law jurisdictions do not permit retrospective legislation, though some have suggested that judge-made law is retrospective as a new precedent applies to events that occurred prior to the judicial decision.
Well there you have it folks, by doing this the Senate has determined that we are no longer in a free and democratic society!!!
I guess we didn't get the memo?
In the United States, ex post facto laws are prohibited in federal law by Article I, section 9 of the U.S. Constitution and in state law by section 10. Over the years, when deciding ex post facto cases, the United States Supreme Court has referred repeatedly to its ruling in the Calder v. Bull case of 1798, in which Justice Chase established four categories of unconstitutional ex post facto laws. The case dealt with Article I, section 10, since it dealt with a Connecticut state law.
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LiberalFighter
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Tue Feb-12-08 04:17 PM
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4. Can we the citizens create our own expost facto law regarding Bush? |
Hissyspit
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Tue Feb-12-08 04:07 PM
Response to Original message |
3. Seems Constitutionally shady to me. Kick, for the law experts. n/t |
TahitiNut
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Tue Feb-12-08 04:25 PM
Response to Original message |
5. LOTS of DUers repeatedly argue for ex post facto law and retroactive immunity. |
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It's often called "amnesty" and many here argue that violators of immigration laws should be granted amnesty.
:shrug:
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DU
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Thu Apr 25th 2024, 12:35 PM
Response to Original message |