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originally posted by: infolurker
originally posted by: odzeandennz
a reply to: infolurker
oh yea, dems are openly calling for communism... its obvious after 4 random personal tweets
Democratic Socialists Of America (DSA) not the Democratic National Committee. At least I hope to hell not.
originally posted by: Gryphon66
a reply to: infolurker
Communism isn't illegal.
It is however, a silly rallying point in the US.
originally posted by: Gryphon66
a reply to: infolurker
Communism isn't illegal.
It is however, a silly rallying point in the US.
You can be a communist, and talk about communism, but communism is, illegal.
In 1973, a federal district court in Arizona decided that the act was unconstitutional and Arizona could not keep the party off the ballot in the 1972 general election (Blawis v. Bolin). In 1961, the Supreme Court of the United States ruled that the act did not bar the party from participating in New York's unemployment insurance system (Communist Party v. Catherwood)
However, the Supreme Court of the United States has not ruled on the act's constitutionality. Despite that, no administration has tried to enforce it. The provisions of the act outlawing the party have not been repealed. Nevertheless, the Communist Party USA continues to exist in the 21st century.
originally posted by: Phage
a reply to: c2oden
You can be a communist, and talk about communism, but communism is, illegal.
No it isn't.
Unless, of course, you can cite the law which makes it so.
Dang, you're right. Or are you?
en.wikipedia.org...
In 1973, a federal district court in Arizona decided that the act was unconstitutional and Arizona could not keep the party off the ballot in the 1972 general election (Blawis v. Bolin). In 1961, the Supreme Court of the United States ruled that the act did not bar the party from participating in New York's unemployment insurance system (Communist Party v. Catherwood)
However, the Supreme Court of the United States has not ruled on the act's constitutionality. Despite that, no administration has tried to enforce it. The provisions of the act outlawing the party have not been repealed. Nevertheless, the Communist Party USA continues to exist in the 21st century.
originally posted by: carewemust
a reply to: c2oden
Those who want communism are free to relocate to a country where it is practiced.
Isn't American freedom great?!
In 1973, a federal district court in Arizona decided that the act was unconstitutional and Arizona could not keep the party off the ballot in the 1972 general election (Blawis v. Bolin).
In 1961, the Supreme Court of the United States ruled that the act did not bar the party from participating in New York's unemployment insurance system (Communist Party v. Catherwood)
originally posted by: Phage
a reply to: c2oden
In 1973, a federal district court in Arizona decided that the act was unconstitutional and Arizona could not keep the party off the ballot in the 1972 general election (Blawis v. Bolin).
In 1961, the Supreme Court of the United States ruled that the act did not bar the party from participating in New York's unemployment insurance system (Communist Party v. Catherwood)
So, if its illegal, how come the party could be on the ballot? How come it could join the unemployment insurance system?
Weird.
originally posted by: c2oden
originally posted by: Gryphon66
a reply to: c2oden
No, actually, you're not, unless the ruling of the federal district court has been reversed, the law is unconstitutional.
As should be obvious to just about anyone.
The Supreme Court has not ruled on it.
Following the familiar rule that decision of Constitutional questions should be avoided wherever fairly possible, we turn at once to the federal statute, which this Court has not heretofore had occasion to construe. Apart from unrevealing random remarks during the course of debate in the two Houses, there is no legislative history which in any way serves to give content to the vague terminology of § 3 of the Communist Control Act. The U. S. 393 statute contains no definition, and neither committee reports nor authoritative spokesmen attempt to give any definition, of the clause "rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the United States or any political subdivision thereof."
I would violate every single one of the Bill of Rights.
originally posted by: Gryphon66
originally posted by: c2oden
originally posted by: Gryphon66
a reply to: c2oden
No, actually, you're not, unless the ruling of the federal district court has been reversed, the law is unconstitutional.
As should be obvious to just about anyone.
The Supreme Court has not ruled on it.
Actually, that's a fair point. It is unconstitutional in the District of Arizona.
However in Communist Party v. Catherwood SCOTUS did say:
Following the familiar rule that decision of Constitutional questions should be avoided wherever fairly possible, we turn at once to the federal statute, which this Court has not heretofore had occasion to construe. Apart from unrevealing random remarks during the course of debate in the two Houses, there is no legislative history which in any way serves to give content to the vague terminology of § 3 of the Communist Control Act. The U. S. 393 statute contains no definition, and neither committee reports nor authoritative spokesmen attempt to give any definition, of the clause "rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the United States or any political subdivision thereof."
That's a pretty strong comment that the Act, should it come before the SCOTUS would suffer a similar fate as in Arizona.
At any rate, it is a fact that the Communist Control Act is an unenforced law which really makes the point moot.
originally posted by: Phage
a reply to: c2oden
I would violate every single one of the Bill of Rights.
How about just one? How does being a communist violate the fourth amendment, for example?
Prohibiting someone from being a communist would seem to violate at least one of them.
originally posted by: c2oden
originally posted by: Gryphon66
originally posted by: c2oden
originally posted by: Gryphon66
a reply to: c2oden
No, actually, you're not, unless the ruling of the federal district court has been reversed, the law is unconstitutional.
As should be obvious to just about anyone.
The Supreme Court has not ruled on it.
Actually, that's a fair point. It is unconstitutional in the District of Arizona.
However in Communist Party v. Catherwood SCOTUS did say:
Following the familiar rule that decision of Constitutional questions should be avoided wherever fairly possible, we turn at once to the federal statute, which this Court has not heretofore had occasion to construe. Apart from unrevealing random remarks during the course of debate in the two Houses, there is no legislative history which in any way serves to give content to the vague terminology of § 3 of the Communist Control Act. The U. S. 393 statute contains no definition, and neither committee reports nor authoritative spokesmen attempt to give any definition, of the clause "rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the United States or any political subdivision thereof."
That's a pretty strong comment that the Act, should it come before the SCOTUS would suffer a similar fate as in Arizona.
At any rate, it is a fact that the Communist Control Act is an unenforced law which really makes the point moot.
It is not a moot point.
It is a unenforced law.