Brickleberried

Brickleberried t1_itawi97 wrote

So like I said, you're saying that if the Supreme Court defines "all crimes" to mean "all bunnies", we should all just accept it. If the Supreme Court says that the Constitution actually allows for 10-year presidential terms instead of 4-year terms, you're saying that it's intellectually dishonest for me to accurately point out that the Constitution says 4-year terms and that the Supreme Court's opinion is wrong.

I think we should let "all crimes" mean "all crimes" because that's literally the words being used. Now, maybe you can see the words "crimes with punishments of >= 6 months" somewhere in the Constitution, but I don't. Perhaps you can point me to where in the Constitution it says that.

What the Supreme Court says the Constitution says is not the same thing as what the Constitution says.

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Brickleberried t1_it9tzwi wrote

So you're saying that the Supreme Court can say that "crimes" actually means "bunnies", and you're telling me that I'm just supposed to accept that as the actual meaning of the word "crimes" in the Constitution and that it's intellectually dishonest/egotistical for me to say that "crimes" just means something like "illegal acts".

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Brickleberried t1_isyyu5a wrote

I'm not saying "whatever I say is what the Constitution says". I'm literally directly quoting the Constitution and saying that the Constitution says what the Constitution says. The Constitution is supposed to be the foundation of our country, and it very clearly contradicts what the Supreme Court has decided to actually enforce.

Words have meaning, even if the government ignores it for now.

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Brickleberried t1_isy4jln wrote

Sure. The Supreme Court's opinions is what matter in how law is practiced, not the Constitution. I'm just saying that the Constitution says we have this right even if we functionally don't because the Supreme Court decided it didn't want to listen to the Constitution on this, and the government just goes with that.

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Brickleberried t1_isvkojg wrote

> A crime, or misdemeanor, is an act committed, or omitted, in violation of a public either forbidding or commanding it. This general definition comprehends both crimes and misdemeanors; which, properly speaking, are mere synonymous terms; though in common usage the word 'crimes' is made to denote such offenses as are of a deeper and more atrocious dye; while smaller faults and omissions of less consequence are comprised under the gentler name 'misdemeanors'

And:

> Constitution. But the unanimous court, speaking by MR. CHIEF JUSTICE TANEY, held that "the words, 'treason, felony, or other crime,' in their plain and obvious import, as well as in their legal and technical sense, embrace every act forbidden and made punishable by the law of the State. The word 'crime' of itself includes every offense, from the highest to the lowest in the grade of offenses, and includes what are called 'misdemeanors,' as well as treason and felony."

> Most of the currently accepted definitions of the term "crime" are in harmony with the above statement of MR. CHIEF JUSTICE TANEY. Thus BISHOP, in his NEW CRIMINAL LAW, says, "A crime is any wrong which the govern- ment deems injurious to the public at large, and punishes through a judicial proceeding in its own name." ? 32. And again: "We have three degrees of crime,-the highest being called Treason, the intermediate grade Felony, and the name of the lowest being Misdemeanor." ? 602. BLACK'S LAW DIC- TIONARY says: "The better use appears to be to make crime a term of broad and general import, including both felonies and misdemeanors, and hence covering all infractions of the criminal law. In this sense it is not a technical phrase, strictly speaking (as 'felony' and 'misdemeanor' are), but a con- venient general term. In this sense, also, 'offense' or 'public offense' should be used as synonymous with it." BOUVIER'S LAW DICTIONARY defines "crime" as "An act committed or omitted in violation of a public law forbidding or commanding it * * * A wrong which the government notices as injurious to the public, and punishes in what is called a criminal proceeding in its own name." And the CENTURY DICTIONARY defines it as "An act or omission which the law punishes in the name and on behalf of the State, whether because expressly forbidden by statute or because so injurious to the public as to require punishment on grounds of public policy; an offense punishable by law."

All that is exactly what I said it was.

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Brickleberried t1_isuv0qw wrote

Sure, that's what the Supreme Court says, but that's in direct opposition to the plain text of the Constitution.

rticle 3, Section 2: > The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

That doesn't say anything about the severity of crime or the potential punishment of the crime. It says "all Crimes".

Sixth Amendment:

> In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This also doesn't specify anything about the severity of the crime or the potential punishment.

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Brickleberried t1_isuu79i wrote

That might be how it's done, but that's in direct opposition to the plain language of the Constitution.

Article 3, Section 2: > The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

That doesn't say anything about the severity of crime or the potential punishment of the crime. It says "all Crimes".

Sixth Amendment:

> In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This also doesn't specify anything about the severity of the crime or the potential punishment.

The Supreme Court just made up shit, as it is wont to do: https://en.wikipedia.org/wiki/Baldwin_v._New_York

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Brickleberried t1_isuu02r wrote

I mean, that's what the Supreme Court says, but that's not what the Constitution says.

> The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

It's pretty cut-and-dry. Trials of ALL crimes (except impeachment) shall be by jury. The Supreme Court routinely ignores the Constitution, sometimes for better, sometimes for worse.

Sixth Amendment:

> In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This also doesn't specify anything about the severity of the crime or the potential punishment.

The Supreme Court just made up shit, as it is wont to do: https://en.wikipedia.org/wiki/Baldwin_v._New_York

Edit: Not sure why I'm being downvoted for accurately quoting the Constitution, but you do you, folks.

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Brickleberried t1_is1ygag wrote

The Moon is tidally locked to the Earth, but the Earth is not tidally locked to the Moon.

I think if both were tidally locked to each other, such that one side of the Moon always faced one side of Earth, things would be less dynamic. You wouldn't have tides. Earth would be cooler because it wouldn't be flexing and squeezing and stretching from the Moon's shifting gravity (not sure if only a tiny bit or not).

I don't really know of a reason to make it so that it would be better for life on one side or the other of Earth.

The only related idea I can think of it that the Moon's far side has a thicker crust than the near side, which caused more lava flows on the near side. Maybe a similar thing could happen on Earth due to the Mars-sized object that hit the Earth to create the Moon where it knocks off a bunch of crust late in formation? It might not be scientifically possible, but sci-fi just needs to sound somewhat plausible.

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