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Antonin Scalia, a sitting U.S. Supreme Court Justice, has died:
US Supreme Court Justice Antonin Scalia - one of most conservative members of the high court - has died. Justice Scalia's death could shift the balance of power on the US high court, allowing President Barack Obama to add a fifth liberal justice to the court. The court's conservative majority has recently stalled major efforts by the Obama administration on climate change and immigration.
Justice Scalia, 79, was appointed by President Ronald Reagan in 1986. He died in his sleep early on Saturday while in West Texas for [a] hunting trip, the US Marshall service said. Justice Scalia was one of the most prominent proponents of "originalism" - a conservative legal philosophy that believes the US Constitution has a fixed meaning and does not change with the times.
Justice Scalia's death is, unsurprisingly, now being widely reported.
From the San Antonio Express News:
According to a report, Scalia arrived at the ranch on Friday and attended a private party with about 40 people. When he did not appear for breakfast, a person associated with the ranch went to his room and found a body.
[...] The U.S. Marshal Service, the Presidio County sheriff and the FBI were involved in the investigation. Officials with the law enforcement agencies declined to comment.
A federal official who asked not to be named said there was no evidence of foul play and it appeared that Scalia died of natural causes.
A gray Cadillac hearse pulled into the ranch last Saturday afternoon. The hearse came from Alpine Memorial Funeral Home.
Most major news outlets are covering this story, including CNN [video autoplays], The Washington Post, The New York Times, and NBC.
(Score: 5, Interesting) by jmorris on Sunday February 14 2016, @01:25AM
They ignore such plain English that no possible Amendment could contain them other than the following, and it would reign in the entire government.
It shall be an affirmative defense in the trial of an assassin of any elected official that they were violating their Oath of Office by failing to uphold the Constitution. Once this defense is invoked the jury shall be instructed as follows: Guilt of murder is now settled. You must now decide the question of failure to uphold the Oath of Office. The accused may speak in their own defense, the State will bring in expert witnesses. Should the jury return a verdict the official had indeed violated their Oath the accused must be set free and awarded $1M USD (inflation adjusted). Otherwise the accused is to be put to death within 72 hours and the normal prohibition against cruel and unusual punishment is waived. The jury is to prescribe the method and is encouraged to be a creative as they feel the case warrants in handing out a sentence as this is the best way to discourage the widespread, indiscriminate use of this law.
(Score: 4, Informative) by darnkitten on Sunday February 14 2016, @02:53AM
Hey--- I remember something like that!
H. Beam Piper-- Lone Star Planet/A Planet for Texans, [archive.org] 1958, which was a takeoff on an essay by H.L. Mencken-- The Malevolent Jobholder, [mencken.org] 1924, which itself referenced Prussian law.
...Of course that was in Piper's Libertarian phase, before he became disillusioned and increasingly authoritarian in his writing. "Flower Festivals, all around the galaxy, without end." [gutenberg.org]
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jmorris, I googled your "amendment," above, and couldn't find it. If I may ask, did you write it--or if not, what's the source? I'd love to add it to my quotes file...
(Score: 2) by jmorris on Sunday February 14 2016, @05:19AM
I have used something similar in the past, including on the 'other' site. Didn't intentionally copy anyone else directly but there aren't many totally new ideas in political science either so not shocked to see 90+ year only references to similar ideas.
Basically going with the Founders ideas that we should keep a bit of Revolutionary spirit. Since too much of anything tends to go bad wanted to temper it a bit. So shoot a rat bastard who ignores their oath but it is all or nothing, Patriot or Traitor judged by a jury of your peers forced to either turn you loose with a sack of cash or make an example of you in the negative way. Most people tend to want stability in their society so unless it was a very cut and dry case they would be assumed to want to have the assassin taken out back and executed in some very grisly way, especially if the only other option is not only turning a stone killer loose but also handing them a sack of cash and declaring them a Patriot, thus all but certain to encourage copycats. But knowing that law was on the books would tend to make government officials take their oath a bit more seriously.
If this amendment passed tomorrow the only thing keeping Hillary Clinton alive the next 24 hours would be her current status as a private citizen. (only current government officials, no mention of previous ones)
(Score: 2) by darnkitten on Tuesday February 16 2016, @07:32PM
I'd recommend reading through "Lone Star Planet" [archive.org]--It's still a fun read about a society based around your concept, and was one of my first exposures to Libertarian sci-fi, way back in Junior High.
I was intrigued by the idea until I realized that with the resentful divisiveness, bitter hatreds and unquenchable anger (and the hotheads) on both sides of partisan politics in real life and with the Judiciary just as willing to play politics as the other branches (as well as with the passions that the folks in my town bring to municipal issues), that every seat of government, from local on up, would turn into a shooting gallery with every election, and that every faction would be able able to find a judge/jurors to back their action...
And as to your Hillary comment, Lone Star Planet covers that as well (if she were to get elected)--
Actually--I'm still intrigued by that idea (among others), but am wary of any political theories being put into practice, given humanity's success/failure ratio in the last few centuries.
And--I'd recommend reading Piper [gutenberg.org] in general--he could have been one of the Grand Masters of sci-fi, if he had had the time to develop. Most of his works are available on Project Gutenberg.
Finally--If I were to quote your amendment, how should I credit you?
(Score: 2) by jdavidb on Sunday February 14 2016, @11:20AM
ⓋⒶ☮✝🕊 Secession is the right of all sentient beings
(Score: 2) by jmorris on Sunday February 14 2016, @05:40PM
No Amendment required. States have both of those powers. On paper.
So long as standing U.S. Government policy is massive war crimes against civilian populations for daring to try leaving this "Free Country" it isn't likely anyone is going to try. The only way would be some improbable plan that had a State or group of leave and on day one be able to invoke the MAD Doctrine. Not likely a State can both have WMD and a viable threat to be able to weaponize and deploy.