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Progressive Jones

(6,011 posts)
Wed Sep 22, 2021, 11:41 PM Sep 2021

How can the US government create anti-domestic terror laws that cannot be weakened

by the US Constitution?

The January 6th terrorists, so far, are being treated as petty criminals.
I get it. "The Constitution".
However, I don't see how those who carry out coup attempts, and other anti-US violence, are deserving of being protected by a government they tried to destroy.

So, how can this be done? Can an act of Congress do it, or would it require a Constitutional Amendment?

10 replies = new reply since forum marked as read
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PoliticAverse

(26,366 posts)
1. What does "The Constitution" have to do with what the people involved in the Jan 6th incident
Wed Sep 22, 2021, 11:46 PM
Sep 2021

are being charged with?

Treason and sedition are crimes and illegal:

https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115
18 U.S. Code CHAPTER 115— TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
§ 2381. Treason
§ 2382. Misprision of treason
§ 2383. Rebellion or insurrection
§ 2384. Seditious conspiracy
§ 2385. Advocating overthrow of Government
§ 2386. Registration of certain organizations
§ 2387. Activities affecting armed forces generally
§ 2388. Activities affecting armed forces during war
§ 2389. Recruiting for service against United States
§ 2390. Enlistment to serve against United States

If they are not being charged with any of those things it isn't because of the constitution.

Progressive Jones

(6,011 posts)
3. Are each and every one of them being charged with each of those crimes?
Thu Sep 23, 2021, 12:31 AM
Sep 2021

You are correct. The biggest problem here is weak prosecution. Not the prosecutors themselves, but the laws and guidelines they are forced to work within. However, I'm talking about from here on out.

I'm not sure, but I don't think any have been charged with treason or sedition, as they should be. Lots of "trespassing" and "disorderly conduct" charges, though. That'll teach 'em !

They are being afforded the same legal rights and protections, under The Constitution, as a pickpocket or car thief, for trying to overthrow the US government.

They are being allowed to plea bargain.

They are being allowed out of Federal custody on bond. FFS, one requested to go to the fucking Steelers game this past weekend, and the prosecution was OK with it!

They've been allowed to move freely about the country, in some cases.

None will receive a death penalty. None will go to prison for life. None will lose their citizenship.

They Attacked The United States Of America !!! These are terrorists, not common criminals.

This is why we need a way to handle this kind of situation down the road because I see no reason to believe there will not be more of this down that road.

PoliticAverse

(26,366 posts)
4. Again, those are issues and decisions involving the Department of Justice and the prosecutors.
Thu Sep 23, 2021, 12:34 AM
Sep 2021

They are the ones that decide what these people are to be charged with.

Progressive Jones

(6,011 posts)
6. I get that. I'll just come out and say it. These traitors don't deserve the same rights as the rest
Thu Sep 23, 2021, 12:39 AM
Sep 2021

of Americans charged with ordinary crimes. That's where I stand. Just my opinion.

Mr.Bill

(23,877 posts)
7. They could all be charged with more severe crimes and
Thu Sep 23, 2021, 12:43 AM
Sep 2021

get the maximum sentence without violating any of their constitutional rights.

Response to PoliticAverse (Reply #4)

RockRaven

(14,623 posts)
2. I'm more concerned about such laws being misused by bad actors...
Thu Sep 23, 2021, 12:05 AM
Sep 2021

Be very careful what powers you want to give to the executive branch, because TFG's GQP will regain the reins sooner or later.

Xolodno

(6,259 posts)
5. Waaaayyyy back in College....
Thu Sep 23, 2021, 12:35 AM
Sep 2021

...I went on a field trip to visit the US Companies that moved their operations to the other side of the border with Mexico. I asked a question about environmental laws and regulation (one of the areas I specialized in Econ). Was told Mexico actually has more stringent laws and regulations than the USA.

Got back to the hotel, looked at my professor along with a few other students and we just started busting up with laughter. Sure, they got laws on the books that are stronger....but no one is is enforcing them.

We have Impeachment as a tool....but we kind of have the same problem with enforcement. No law is going to stop anyone without enforcement. Particularly when you have an attorney general of the justice department who is nothing more than a stooge for the president. If you ask me, that position needs to be removed from being appointed by the President and have terms that are limited, but also outlast election cycles. Same goes for the Federal Bank.

 

Klaralven

(7,510 posts)
10. Actually enforcing the letter of the law is not something done in the US
Thu Sep 23, 2021, 06:18 AM
Sep 2021

A large fraction of people who drive to work have broken the law before they get there.

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