FlowVoid

@FlowVoid@lemmy.world

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FlowVoid,

A 6th day at 40% pay? Yeah, that’s a big “no.”

It’s 40% extra pay, like overtime in the US.

FlowVoid,

Anyone can ask the SCOTUS to consider their case. But they usually decline.

Kamala Harris: Hamas Committed Horrific Acts of Sexual Violence on Oct. 7. We Will Not Be Silent (www.haaretz.com)

U.S. Vice President’s remarks come amid allegations from Israel’s critics that claims of sexual and gender-based violence were either fabricated or exaggerated in order to provide justification for its military response in Gaza...

FlowVoid,

It isn’t, but even if it were there is direct evidence that Hamas raped a hostage.

FlowVoid,

“I just met with Amit, a survivor who has bravely come forward with her account of sexual violence while she was held captive by Hamas,” Harris said.

FlowVoid, (edited )

Testimonies are evidence. That’s why prosecutors call witnesses to the stand.

In fact testimonies are often preferred over non-testimonial evidence, aka “circumstantial evidence”.

The UN obtained testimonial evidence and circumstantial evidence of sexual violence:

[We] collected and preserved digital evidence, including images of victims’ bodies displaying indications of sexual violence, a pattern corroborated by independent testimonies from witnesses

FlowVoid,

Nice screenshots.

Is there something in the first report that you didn’t show us?

the Commission documented cases indicative of sexual violence perpetrated against women and men in and around the Nova festival site, as well as the Nahal Oz military outpost and several kibbutzim, including Kfar Aza, Re’im and Nir Oz. It collected and preserved digital evidence, including images of victims’ bodies displaying indications of sexual violence, a pattern corroborated by independent testimonies from witnesses.

Huh.

Is there anything more in the second report?

Based on the information gathered by the mission team from multiple and independent sources, there are reasonable grounds to believe that conflict-related sexual violence occurred during the 7 October attacks

FlowVoid,

Sexual violence is not always rape.

JFC, this sounds like something the Catholic Church would say after another priest is caught fondling little boys.

As far as I’m concerned, sexual assault means rape. As far as I’m concerned, anyone who does this is a rapist:

the guard, who called himself Muhammad, put a gun to her forehead, beat her and dragged her to a child’s bedroom. “Then he, with the gun pointed at me, forced me to commit a sexual act on him”

FlowVoid,

That’s completely false.

the Commission documented cases indicative of sexual violence perpetrated against women and men in and around the Nova festival site, as well as the Nahal Oz military outpost and several kibbutzim, including Kfar Aza, Re’im and Nir Oz. It collected and preserved digital evidence, including images of victims’ bodies displaying indications of sexual violence, a pattern corroborated by independent testimonies from witnesses.

FlowVoid, (edited )

That’s not what they said.

Read it more closely. This is literally in the same report:

Based on the information gathered by the mission team from multiple and independent sources, there are reasonable grounds to believe that conflict-related sexual violence occurred during the 7 October attacks

FlowVoid,

Nah.

Hamas raped hostages. Hamas are rapists. They’re worse than the Catholic priests. At least priests don’t point guns at their rape victims.

And her account hasn’t changed, you just didn’t bother to read all of it.

FlowVoid, (edited )

The first screenshot is from here

The second is from here

If you read both reports instead of cherry-picking quotes out of context, you’ll find they both conclude that Hamas sexually assaulted Israeli women.

FlowVoid,

Wrong again.

UN:

Based on the examination of available information, including credible statements by eyewitnesses, there are reasonable grounds to believe that multiple incidents of rape, including gang rape, occurred in and around the Nova festival site during the 7 October attacks

UN:

Credible information based on corroborating witness accounts describes an incident involving the rape of two women.

UN:

There are reasonable grounds to believe that sexual violence occurred in kibbutz Re’im, including rape. This included the rape of a woman outside of a bomb shelter at the entrance of kibbutz Re’im

FlowVoid,

It’s actually from one the reports that OP made into a screenshot upthread.

Maybe they didn’t want you to read the rest.

FlowVoid,

I think it’s not that simple. In other countries, there is no written constitution or the constitution is merely aspirational, like our Declaration of Independence.

In the US, the Constitution is considered legally binding. The 13th Amendment doesn’t discourage slavery, it prohibits it. And if you think the Constitution should be legally binding, then Marbury is inescapable.

FlowVoid,

The UK, for starters.

FlowVoid, (edited )

You have it backwards. The government cannot enforce laws without assistance from the judiciary.

For example, Congress once passed a law outlawing flag burning. The SCOTUS decided that was unconstitutional. But suppose everyone had decided to ignore that decision.

So someone is arrested for flag burning… and the case is immediately dismissed by a judge.

So the government decides to tax flag-burners instead. Someone refuses to pay that tax, the government sues … and the case is immediately dismissed by a judge.

Pretty much everything the government does to “enforce” their will can be challenged, and challenges always end up before a judge. If the judge decides a law is unconstitutional, then the government will lose every case.

FlowVoid,

Yes, and most countries have judicial review.

FlowVoid,

Sorry, I missed this part earlier:

Is that what you think Marbury is about?

In part, yes. But it’s also a question of priority.

If Congress passed a law today that contradicted a law passed a hundred years ago, then the law passed today would replace the older law.

But what about the Constitution? Suppose Congress passed a law that said “Henceforth, Congress can make a law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

Can a new law replace the Constitution, just as it replaces other older laws?

If the answer is “no” then Marbury is inescapable. Because if a law cannot replace the Constitution, then courts cannot enforce laws that they believe would violate the Constitution.

FlowVoid,

Yes.

And judicial review is nothing more than the assumption that the Constitution takes precedence over other laws.

FlowVoid,

What are you talking about?

Context is everything. OP wrote this:

the kind of power top courts have in other countries.

And I responded that in those other countries, the constitution doesn’t exist or is not the supreme law of the land.

FlowVoid,

Ok, if a law contradicts the Constitution then should a judge follow the law or the Constitution?

FlowVoid,

You didn’t answer the question.

If a law contradicts the Constitution, should a judge follow the law or the Constitution?

If it helps, you may assume the law explicitly states that the judge should definitely follow the law, and ignore the Constitution. Let’s take the previous example of a new law by Congress:

Henceforth Congress can abridge the freedom of speech, or of the press; or the right of the people peaceably to assemble, and this law must be obeyed by judges regardless of what the First Amendment says

Ok, should a judge follow that or the First Amendment?

FlowVoid,

Most countries have a constitution that acts as a supreme law and have judicial review.

As the OP suggested some countries don’t have judicial review, but they either have no constitution or it is not the supreme law.

FlowVoid, (edited )

Ok, yeah, judges abuse their power like everyone else.

The question is, what is a judge supposed to do if a law contradicts the Constitution?

If your answer is that the judge is supposed to follow the Constitution, even if it requires ignoring a new law, then you have just re-invented judicial review.

FlowVoid, (edited )

Marbury decided that the Constitution takes precedence over acts of Congress. Judicial review is the logical corollary of that decision.

In other words, the only way to avoid judicial review would have been to decide that acts of Congress may override the Constitution.

FlowVoid, (edited )

if your jailer says “nah”, you don’t get out of jail

All your hypothetical scenarios require ignoring the Constitution, starting with habeas corpus.

One way or another, the only way to avoid judicial review is to set the Constitution aside. And sure, once that’s done anything can happen.

FlowVoid, (edited )

Judges have the authority to apply the law.

When two laws are in the books that happen to contradict each other - which they often do - judges need a method to determine which law to apply and which to ignore. They can’t apply contradictory laws simultaneously. It’s not some special authority. It’s simple logic.

Nothing in the Constitution says “When a new law directly contradicts an older one, apply the newer one and ignore the older one.” Judges could ignore the newer law, but they have wisely decided that in those circumstances they will ignore the older law.

Nothing in the Constitution says “When a law directly contradicts the Constitution, apply the Constitution and ignore the law.” Nor does the Constitution say “When a law directly contradicts the Constitution, apply the law and ignore the Constitution.” But judges must choose one or the other.

In other words, at times judges either must ignore the law or must ignore the Constitution. Again, this is not some special authority, it’s simple logic. In those circumstances judges consistently choose to ignore the law.

“Judicial review” is nothing more than a judge ignoring a law. Because if they can’t ignore that law, then they must ignore the Constitution. So what you’re really asking is “Why are judges always required to obey the Constitution?” But that’s the same as asking “Can anything give judges the power to ignore the Constitution?”

FlowVoid, (edited )

Can you link when Biden was there?

Biden was in Detroit on May 19.

Hello, Detroit. My name is Joe Biden, and I’m a lifetime member of the NAACP. (Applause.)

He also visited Saginaw, MI in March.

During the President’s visit, Saginaw area residents Hurley Coleman III and his son 13-year-old Hurley Coleman IV got the chance to have a personal conversation with the President.

And Warren, MI in February.

President Joe Biden chatted with a friendly union crowd inside a United Auto Workers hall in Michigan on Thursday

FlowVoid,

I’m willing to compromise. Let’s call it “The Convicted Felon Zone”.

FlowVoid,

It’s unheard of when they haven’t left politics.

FlowVoid,

No, they can’t. The SCOTUS ruled in 1995 that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitution specifies.

state-imposed restrictions … violate a third idea central to this basic principle: that the right to choose representatives belongs not to the States, but to the people

FlowVoid,

Wages aren’t stagnant

FlowVoid,

Wages are neither still nor declining. They are increasing.

FlowVoid,

Wage increases are relevant to almost everyone.

In fact, if a wage increase is not relevant to you then you are quite privileged.

FlowVoid, (edited )

Nobody said anything about settling.

Have you ever said to someone, “Every little bit helps”?

If not, then congratulations. You are very fortunate.

FlowVoid, (edited )
FlowVoid, (edited )

Ok, so like I said wages are increasing, not stagnating. I never said wages shouldn’t increase even more.

And wages are increasing even now, several years beyond post-pandemic reopening / return to work. So it’s not just due to “essential workers”. Wage increases are helping all types of workers.

Economists generally predicted that the pandemic would spark a recession. If a recession had occurred, unemployment would have skyrocketed and erased any gains made by workers.

But a recession never materialized, partly due to Biden’s economic policies. So Biden’s policies are in part responsible for today’s wage gains.

FlowVoid,

Real wages are increasing, and real wages are adjusted for inflation.

FlowVoid, (edited )

The reason a recession never materialized is because the Biden admin literally changed the formula for calculating inflation.

A recession is not affected by the formula for inflation. In fact, there have been recessions with high inflation (the 1980 recession) and recessions with low inflation (the 2007 recession). There have even been recessions with negative inflation (the Great Depression).

A recession occurs when the total income of a country decreases. This leads to a vicious cycle of less spending, which causes more unemployment, which causes further decreases in total income.

Inflation measures change in prices, not income. When incomes increase along with prices, there is no vicious cycle and no recession. And as we know, incomes are increasing.

Yes, increasing prices are bad. But increasing unemployment is far worse, especially if you want to advance the rights of workers. And unemployment is the bullet that Biden helped us dodge.

FlowVoid,

That’s a made-up quote.

FlowVoid,

Executive orders, like Trump’s insulin price cap, can easily be undone.

Biden signed the IRA, which permanently capped insulin prices. So Trump is wrong when he says Biden “had NOTHING to do with it”.

FlowVoid,

Imagine what would have happened if Soviet-made MiGs were used against Americans in Korea and Vietnam.

FlowVoid,

South Africa also failed to arrest Omar Al Bashir, who is charged with genocide by the ICC.

It was very clear from the beginning that South Africa would not only be breaking international law by allowing Sudanese President Omar al-Bashir to fly out of a military base but would be going against its own courts.

FlowVoid,

Yes, but government can restrict the “time, place, and manner”.

FlowVoid,

what are you legally allowed to do about it?

You can try to primary the Democrats who you don’t like

FlowVoid,

The proposal specifies return of “remaining hostages who are alive”.

FlowVoid, (edited )

He would pivot when he had enough backing from his political coalition to make it safe for him to do so.

I think that’s probably the only issue right now. He’s a politician who above all wants to remain in power. Crafting a consistent narrative is only a minor consideration. So he can imply whatever he wants, the bare minimum is to avoid saying two things that cannot later be reconciled logically.

It’s like asking “How does Nikki Haley pivot to supporting Trump after implying he was unfit to be president?” It took no effort at all, once she decided it was politically expedient.

FlowVoid, (edited )

Israel, unlike the US, is a multiparty democracy. Likud, the biggest party, still only won 23% of the vote. So like nearly all Israeli PM’s, Netanyahu cannot remain in power without official support from other political parties. That means convincing other political leaders to support him is far more important than in the US.

Yes, if Netanyahu supports a peace proposal then he will lose the far right (Ben Gvir). But he could gain the support of other leaders (Yair Lapid). And if he doesn’t pivot, he could lose Gantz.

This is what I mean by political calculus, which I think at this point is at least as important to Netanyahu as ideology (in view of the risk of prosecution if he loses power).

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