• @[email protected]
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    3 months ago

    Oh, that makes it okay then.

    We’re going to pass a law that punishes a someone or a group, but it’s okay if we just don’t say, “they’re guilty of X.”

    Somehow I don’t think the courts are going to share your interpretation. And in your own article they do not. Nowhere in the test does it state the bill must name a crime.

    • Cethin
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      23 months ago

      The last bullet for determining if it’s punishment: “Was that a congressional intent for the statute to further punitive goals.”

      It fails that test. It isn’t any sort if punishment. It’s for “national security”.

      • @[email protected]
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        3 months ago

        Oh? Could have fooled me. The anti-China statements from politicians are admissable.

        If the government is allowed to hand waive anything under “national security” then it’s a short trip to the work camp for us all.