kalimurray.bsky.social
I am a law professor at Marquette University. The Only Patent Habermasian. Dedicated to bringing a knife to a knife fight.
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What I think is confusing is the first sentence requires a 72 hour notice. While it appears later that Members do not require advance notice, the guidance document does not guide b/c either members must provide 72 hour notice or they are not required to provide advance notice. Which one?
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Sometimes you have to touch grass to realize the United States is always failing and then having to get back up again.
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Sue so very hard. No 72 hour notice requirement in the statute b/c how one can conduct oversight on a Potemkin detention facility? Also a guidance document is issued to the regulated community; Congress is not a regulated community? @joeneguse.bsky.social this is such a good test case!
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The 13th Amendment’s great failure is that it exempts prisons from its scope, making it a place without law.
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Well, he is certainly not going to put up the Emancipation Proclamation!
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Watching Pete Hegseth—a man from Minnesota(!)—defend Confederate traitors yesterday certainly reaffirmed that truth.
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That is a theoretical dot I am fully happy to connect.
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I wrote it for a great museum exhibit at the Haggerty Museum of Art way back in 2012 when I was a baby professor so it is definitely not widely circulated!
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And Abraham Lincoln, a man who came from poverty and taught himself to read and therefore, understood the importance of oral political culture, almost certainly intended to tie the Declaration and the Proclamation together as way to ground equality in our constitutional tradition.
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It is notable that two important documents in our constitutional tradition—the Declaration of Independence and the Emancipation Proclamation—offer ways of understanding of freedom—the Declaration removes the tyranny of the Monarch and the Emancipation, the tyranny of the Master.
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This is not even some weird Constitutional issue; we have a statute and ICE is violating it.
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I spent all morning pleading Congress to sue. I am sure some federal judge would be happy to Loper Bright the heck out of detention facility.
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The best book on how to manage organizational vitality during a Reconstruction moment (or its attempt) is Thulani Davis’s The Emancipation Circuit which examines how black communities worked towards freedom during the Reconstruction Era.
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As I said on my feed, the way of Mariah is the best way. Jd Vance:
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Congress has ceded —both Democrats and Republicans alike— since the Progressive Era to the executive, and this tendency been super-powered by the Roberts Court. I encourage Congress to amicus—for instance, I hope it submits amicus briefs in Wilcox, but it should also sue on oversight grounds.
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Congressional standing to bring claims is complex because we don’t want to give Congress additional powers after they voted on a bill (although I think its oversight duties and appropriations duties) raise separate harm than a claims as to votes.
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And I appreciate for others it may exist on a deeper cultural continuum, which would obscure different regional experiences for Black people, which is itself, flattens a cultural experience. For me, Juneteenth is a political project that offers a way for polities to confront conflicts over status.
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I also place it in two different contexts. First, I do place it the context of Caribbean celebrations of emancipation and decolonization. Second, I situate against it the failure in some South and Central American countries to celebrate emancipation at all.
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So, I became a law professor b/c I was very frustrated, for instance, that the 13th Amendment is not taken seriously as a legal, cultural or political matter. I regard Juneteenth as an expression of that emancipatory moment, and the placement of in the American calendar, as a political victory.
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I agree with a claim this was a holiday with explicit origins in the freedom struggles of emancipation. But, though, it seems to me, that is, exactly its power with an American polity that is, a multi-racial democracy, that explicitly and centers connects black struggle in its origin story.
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It is little tricky to tell because the Judge issued his opinion from the bench, so you have to track down the order filed with the Court!
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So, I don’t want to have a whole holiday just to peeve a tyrant, especially when we already have a holiday that really pisses him off because it started in the freedom struggle of a formerly enslaved people.
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I am not planning the American calendar around Donald Trump’s birthday because that is exactly what he want: to permanently memorialized. I want to forget his birthday and his 2 terms and his favorite snacks and the names of his awful children.
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Yes, we already have it covered folks: Juneteenth (No Tyrants), Fourth of July (No Kings).
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My joke that some intern is taking his Truths and feeding them into Chat GPT to create his executive orders, is well, um, true?
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Words from Ralph Ellison, who wrote a book called you guessed it, Juneteenth:
You know that we were born of sacrifice, and that we have had to live by a different truth and that that truth is good and the vision of manhood it stands for is more human, more desirable, more real.
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Not me in the corner, gently weeping.
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And for all the confused Americans wondering how the heck to celebrate Juneteenth: you just did.
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You have to treat similarly situated entities (including business entities) unless you a compelling interest for making a distinction. The HSI letter to its agent appears not to offer any reason for the decision. And yes, Timmy 1234, this pretty basic civics stuff.
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I have been playing around with an article called The Emancipation Constitution, but man, do I have time to write it this summer? My kid has to go to the Kid City today at 11.
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The book that actually focused me on this issue was Confederate Invention, which focused on the Confederate Patent Office:
lsupress.org/978080713762....
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They had to adopt the Amendments in order to rejoin the Union. It was quite controversial at the time.
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Someone should do a side by side comparison. We don’t read it because modern constitutional law treats it as a dead end, but it should not be rewritten as if does not exist! It was a contemporary source for the drafters of the 13th, 14th and 15th Amendments.
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Or understand the Freedom Bureau? Or see Frederick Douglass and WEB Dubois as as fundamental theorists of the American state, as vital for understanding our constitutional order as Alexander Hamilton?
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BTW, this is what @anthonymkreis.bsky.social and I keep referring to as the Dunning School of Con Law b/c we have willfully failed to understand the constitutional implications of the Civil War. I wonder how many Con Law and Admin Law scholars have actually read the Confederate Constitution?
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And this is why I think for instance, the Supreme Court is about to make a world ending error in saying the President has an IMPLIED right of removal. People knew how to write explicit grants of removal; guess what? They were treasonous white supremacists.