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195

As I see it, there are fundamentally three reasons a person would outlaw an action that is currently impossible: To ensure that the first attempt is illegal If you refuse to outlaw an immoral act until it can be shown to be possible, you run the risk that a person can commit this act before it has been made illegal. Essentially, the legislative body doesn'...


182

Because of the First Amendment to the United States Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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. (emphasis mine) ...


128

As with many such rights, you should look to pre-modern Europe to understand the context in which such rights were introduced. At that time, without forensic evidence, the best chance of a conviction was a confession, and easiest way to get a confession would be to mistreat a prisoner. There was no police force so magistrates and judges would be greatly ...


95

Nazis are a specific group of people who have committed atrocities in Europe. It is directly linked with the idea of Racial Superiority and Antisemitism. We can agree that Nazism is morally bad. One who subscribes to being a Nazi is suggesting that the holocaust was justified. Communism is a political and economical theory. It describes a supposedly ...


92

How do some countries make political laws against the burka but not against nun habits? The nun habit doesn't cover the face, that's the big difference. The usual approach in Europe is to forbid/restrict face covering. Therefore a nun habit usually is allowed. The European Court of Human Rights has allowed bans based on that approach, e.g. the French so ...


78

Because that's the normal way round for criminal standard of proof? America has the civil forfeiture system on "balance of probabilities", which has become a license for police corruption.


67

The question is not "When can you enforce your laws on your land?", the question is "When can you prevent the United Kingdom from enforcing their laws on your land?". That's the case if any of these is true: You have an army strong enough to keep the UK government forces out of your country (being an armed insurgency would likely not yet give you ...


65

Apart from the legality, your assumptions are wrong. You assume that there is a thing that can objectively be called "fake news", and that it comprises of stories containing false facts which can be disproven by fact-checking. This is not the definition of "fake news" that Trump is using. Looking through his Twitter feed, we can see that he describes ...


65

'Why' questions are inherently difficult, often de-evolving to opinion-mongering. Unless someone in the White House tells us their reasoning explicitly, we could only guess. However, what we can say is that the White House and its supporters have consistently held that the Bidens and Burisma were involved in some unspecified form of corruption in the ...


63

The Law and Polish Complicity in the Holocaust While "Poland as a nation" is not to blame for the Holocaust, and while there was no official cooperation between Poland and Germany, government institutions as well as individual Poles collaborated with the Nazis (see also here): As German forces implemented the killing, they drew upon some Polish agencies, ...


63

The interstate State Compact, if it ever was implemented by states representing 270 or more electors would almost certainly be tested in court. Until it is tested in the Supreme court, nobody can authoritatively say if it is constitutional or not, The arguments would centre around whether the constitution should be read on the "plain meaning of the ...


62

Holidays allow people to consolidate gathering plans. In the US, two important holidays are Memorial Day and Labor Day. These, more or less, mark the start and end of summer. As such, travel and vacations are often planned around these dates. Holidays represent times when children will be free as well. Most major countries have compulsory school attendance. ...


61

Is there potential for the President of the United States to commit insider trading? Certainly. The President has access to all kinds of material information that is non-public, either because it’s classified, confidential, or not yet cleared for public consumption. Some examples of material information that the President could have access to before the ...


58

A president has the power, under the general terms of Article 2, to instruct the various federal agencies how to act, and how to spend the money that they already have. Any such order is then subject to scrutiny by Congress and the SCOTUS. The ability of the President to instruct a private company is limited. In 1952, with a steel strike threatened, ...


56

If the companies ignore the laws of the European Union (EU), then the EU can fine them. The United States (US) may refuse to collect on the fines, but even so, the example company is doing business in the EU. Amazon.co.uk, Amazon.fr, and Amazon.de collect money in the EU via credit cards. Those credit cards bill EU banks. The EU can of course prevent ...


54

The Bush administration asserted that "enhanced interrogation" techniques like waterboarding were not torture and not illegal. The Obama administration asserted that they were torture and were illegal. The law itself did not change, just how the two administrations interpreted it. From MSNBC: In one of his first acts as president, Obama signed an ...


54

Update - WH Statement According to the White House spokesperson Sean Spicer, Trump seemed to have requested the resignation of Flynn due to a "trust issue". President Donald Trump asked for Michael Flynn's resignation after he lost trust in his national security adviser for misleading Vice President Mike Pence over his calls with Russia's ...


53

Decriminalization means that some action (e.g., drug consumption) is no longer considered a criminal action, which means that you're no longer sent to jail or get a criminal record. However, you may still face fines, confiscation of relevant goods and other consequences. Legalization means that there are no legal repercussions for some action (e.g., drug ...


53

Background The heart of the issue here is Section 230 of the Communications Decency Act of 1996. Section 230 of the Communications Decency Act was not part of the original Senate legislation, but was added in conference with the House, where it had been separately introduced by Representatives Christopher Cox (R-CA) and Ron Wyden (D-OR) as the Internet ...


52

The proposed argument for this bill is that it will help to cut down on crimes, specifically sexual child abuse. Presently, end to end encryption provides a near impenetrable means for anyone (including bad actors) to send data over the internet without fearing that someone else will get ahold of it. The bill is mostly concerned that big sites with ...


50

Here are the Democratic Presidential Candidates that definitely support repealing section 1325: Bernie Sanders: His website says “As president, Bernie will [r]epeal 8 U.S. Code Section 1325, putting border crossings on par with other forms of immigration violations, such as overstaying a visa.” Elizabeth Warren: Warren has long supported repealing section ...


51

How far applicable the law of a country is is decided by the law of that country. If other countries disagree, they can obviously decline to assist in the enforcement of those laws, and disallow the agents of the first country to act on their territory. There even is precedent that a country outlaws behaviour not related to it at all. For example, German law ...


48

Note that the manufacturer has worked around this ban by introducing the Kinder Joy It has plastic egg-shaped packaging that splits into two, one half contains layers of cocoa and milk cream and the other half contains a toy. Because the edible and non-edible parts are separated, this can be and is sold in the US. And since someone suggested in a comment ...


47

They have tiny pieces that are considered to be a choking hazard. There have been some high profile and tragic deaths among children due to choking on toys with small pieces. So the United States is especially stringent in regulating children's toys. The Kinder Surprise Eggs are considered especially dangerous as they are embedded in a food product. So a ...


46

Yes, the constitution can be amended. In fact the second amendment is just that: an amendment. You can continue to add new amendments, even on existing amendments. This has actually already happened. The 18th amendment established Prohibition. After a short time the 18th amendment was repealed by the 21st amendment. So it is entirely possible to create a ...


46

Four reasons: Whataboutism. It's easy to make potshots at vague 'questionable' behavior without actually trying to get to the bottom of it and punish those responsible. Add to that a refusal to defend one's own actions, and people quickly come to believe that 'all politicians do (X bad behavior)'. This has worked amazingly well for Trump against Hillary ...


45

In 2014, the European Union adopted Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime, and this directive was implemented in Germany on 2017-07-01. As a consequence, likely proceeds of crime can now be confiscated even in cases where it is unclear what exactly the crime was or who committed it. According to § ...


44

The debate over e-mobility comes in the context of an ongoing debate in Germany how public spaces for transportation are to be divided between the different modes of transportation. In the last century, many German cities were designed to optimize the use of private cars. Many urban populations are rising (and average cars are getting larger ...), and both ...


43

There are three major arguments which are often brought up to justify it when societies decide to punish people for victimless crimes: The values of the society in general are considered the victim of the crime (e.g. criminalization of certain sexual acts between consenting adults) Society has the duty to protect individual citizens from harming themselves (...


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