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Cake day: June 5th, 2024

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  • Yes, the Constitution distinguishes “appellate jurisdiction” and “original jurisdiction.” Some cases go straight to the Supremes: for example, disputes between states. That’s original jurisdiction. They try those cases. But appellate jurisdiction is specifically mentioned as something that Congress can regulate, though Congress never has, just as they have never passed legislation to allow enforcement of the Emoluments Clause.

    Here’s Section 2, boldface is my own:

    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    That’s very much not “all cases.” There is a very clear qualification added to that. It’s an instance of checks and balances that have never been exercised, since the Supreme Court has only done a small number of power grabs over the year-- the biggest being that, absent Congressional action, they granted themselves the power of judicial review, which is a distinct power from appellate jurisdiction. And that has been something that, through inertia, spinelssness or fear of opening cans of worms, Congress has never addressed, despite having the power to do so.












  • Very few policies are determined by party platforms at election times. There were no pro-civil-rights-movement candidates from the major parties back in the 1960s either. Events drove them, and those events didn’t just randomly happen. There were decades of organizing, recruiting, training, planning, and hard debate that went into them, and people laid their lives on the line in furtherance of actual goals, not empty gestures.

    Similarly, neither major party opposed the Vietnam war, or either of the Iraq wars, or the invasion of Afghanistan, or gay rights. That’s all just an excuse for inaction. Public opinion can be changed, even if it sometimes happens too late. But if you’re not willing to get out in the streets, nothing will happen at all.


  • this totally isn’t just your excuse/rationalization for attacking someone actually willing to take action against genocide

    Not speaking for them, but someone committing ineffectual self-destruction isn’t something worthy of emulation.

    Anyone who tacitly supports the genocide and doesn’t do everything in their power to bring an end to and oppose the genocide is culpable.

    Nothing like a little binary thinking to capture the nuance of a situation.

    Here’s a thought exercise: if everyone here in the US who cared even an iota about stopping the genocide were to self-immolate, what difference would it make besides leaving a trail of bereaved people and a small contribution to making climate change even worse? Do you honestly believe that, even if hundreds of thousands or millions of Americans set themselves on fire, the ethno-chauvinist goons in the Likud would give a shit, or American public opinion would be swayed even slightly from its lethargic apathy? Only organizing, engaging in the political process and continuing to publicize the situation, along with BDS, will make any difference. The rest is displacement activity that, at most, will make you feel good about your own righteousness, but which benefits nobody.