Terance Martez Gamble was convicted of second-degree robbery, a felony, in 2008. As a result, he was barred under both state and federal law from possessing a firearm. Nevertheless, he was caught with a gun during a traffic stop in 2015. He was successfully prosecuted for that offense—first by Alabama and then by the federal government. The state conviction earned him just a year in prison, which he completed in May 2017, while the federal conviction resulted in a sentence almost four times as long. As a result, Gamble isn’t due to be released from prison until February 2020. Gamble’s contesting that outcome: He argued from the outset that the federal prosecution violated the Constitution’s double jeopardy clause, which resides in the Fifth Amendment. “No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb“ means that the state and federal government shouldn’t be able to prosecute him for the exact same offense, Gamble argues. On its face, it seems clear enough. But double jeopardy precedent is more complicated than that. For more than a century, since the 1850s, the Supreme Court has maintained that “separate sovereigns” are each entitled to exercise their own jurisdiction. That means a prosecution by one sovereign—the federal government, the military, states, and tribes—doesn’t bar subsequent prosecution by another sovereign. Separate sovereign doctrine was thoroughly reaffirmed in a pair of 1959 cases, one in which a state conviction preceded a federal conviction for the same conduct and a second in which the federal conviction preceded the state conviction. The bar for overturning Supreme Court precedent is high. It would be, to put it lightly, unusual for the justices to throw out 170 years of precedent, especially precedent that so fundamentally affects how the criminal justice system operates, just as the court observed in 1959. It’d also be a massive abrogation of states’ rights and, specifically, police powers—on some views—to make it the case that federal prosecution could pre-empt state prosecution. At a minimum, it would radically change the balance of power between state and federal government in criminal justice. Unsurprisingly, a group of 36 states led by Texas is objecting to any change to separate sovereign doctrine. The states argue that “[d]enying a State the ability to [prosecute an individual under its laws] would transform the nature of sovereignty.” They point to precedent that just two terms ago the Supreme Court referred the principle of separate sovereigns as “fundamental” to “constitutional order” and “the very bedrock of our Union.” That said, separate sovereign doctrine is an excellent example of precedent that bears revisiting given subsequent developments.
As Senator Kamala Harris (D-CA) receives more and more media attention these days as a potential 2020 Democratic presidential candidate, she has staunch Democratic supporters and vituperative right-wing detractors. Since 2017, when she succeeded Sen. Barbara Boxer, she’s garnered national attention after being seen in high-profile Senate committee hearings, effectively and forcefully questioning administration officials such as Jeff Sessions, Kristjen Nielson, and Supreme Court nominee (at the time) Brett Kavanaugh, which earned her high marks with many Democrats, and the fury of Republicans. It was clear that in those hearings she used skills honed over the years as a prosecutor in the San Francisco District Attorney's Office, and the City Attorney of San Francisco's office; as district attorney of San Francisco; and as California's attorney general. Though her continuation on the Senate Judiciary Committee was in question, it was announced this week that she will keep her seat, which means that we can look forward to her participation in hearings in the coming years. xAs a former prosecutor, @SenKamalaHarris has strived every day for a more fair judicial system for all Americans. IÃ¢ÂÂm proud that we successfully fought to keep her seat on the Senate Judiciary Committee. https://t.co/h1KYQR94kcÃ¢ÂÂ Chuck Schumer (@SenSchumer) December 11, 2018 I’m not bothered by the attacks aimed her way by racist, misogynist Democrat-haters—they are to be expected. Especially since she is a black woman, who is also Indian-American. What I am disturbed by is a dismissive critique aimed at her by folks who call themselves “left,” many of whom are not Democrats. It boils down to, “I won’t vote for her, ever—because ‘she’s a cop.’’”
I promised that I was going to start spending some time on Sunday mornings talking about how we move toward a better place. The last time I talked about this, I underlined Martin Luther King’s support for a Basic Income as one plank of a foundation for that better place. But this week I’m going further back, to grab enough planks to build a fort. x x YouTube Video A right to a job — Roosevelt puts the guarantee of employment at the top of his list, and notably doesn’t just say that job should provide enough income for food and clothing, but also recreation. I have a conservative relative who loves to point out that Roosevelt thought it was important that people work, under the mistaken belief that modern progressives just want to sit around and cash a check. But that’s a fundamental misread of both progressives and FDR. The right of farmers to make a fair profit — the concern that here was applied to farmers, whose ability to make a living was being constrained by both unfair pricing and destructive financial institutions should today be extended to a broader section of workers, including those trapped between automation and crushing demands for ‘productivity.’ Freedom from unfair competition and monopolies — When Roosevelt talks about free trade, he’s not talking about a free-for-all instantly dominated by those who can push their rivals from the field. He’s talking about the ability to innovate and expand that only comes when monopolies are held in check by government action. A decent home — Not just a bed in a shelter, or an apartment that takes every dime of the family budget. Adequate medical care — Again, Roosevelt makes it clear this isn’t a token gesture, but everything needed to give people “the opportunity to achieve and enjoy good health.” Freedom from fear of personal economic disaster — This one is usually shorthanded as “Social Security,” but the demand Roosevelt makes here is a protection even someone who, for any reason, can’t enjoy the job mentioned in the first of his new rights, still need not worry about losing healthcare, housing, or their ability to provide. A Good Education — not some education. Not some minimum education. A good education. All of these rights spell security, and after this war is won, we must be prepared to move forward in the implementation of these rights to new goals of human happiness and well-being. For unless there is security here at home, there cannot be lasting peace in the world. When someone on the Sunday morning shows starts saying that Democrats don’t have an agenda, tell them of course we do — it was written seventy-four years ago, and it’s about time we made it a foundation from which to move forward, rather than an aspiration that’s forever out of reach.
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Well, it was surreal while it lasted, by which I mean the 2017-18 cryptocurrency bubble. For a while there, Coinbase was #1 in the App Store, Bitcoin was above $10K, and there were more notional crypto zillionaires out there than you could shake a Merkle tree at. Those were the crazy days. Now, though, a […]
David Frankel Contributor David Frankel is a managing partner at Founder Collective. More posts by this contributor Startups should read this checklist before they go ‘whale hunting’ for big partners You earn a million dollars a year and can’t get funded? I’ve been fortunate to have been part of half a dozen exits this year, […]
Who wouldn't want to travel in time, glimpsing the dinosaurs or peeking at humans 2,000 years from now? Now physicists have designed a time machine that seems deceptively simple.
Epic, the maker of the insanely popular, cross-platform first-person shooter online game Fortnite, has ‘fessed up to a gameplay misstep when it dropped a super powerful new weapon into the battle royale arena earlier this month — triggering a major fan backlash. Complaints boiled down to it being unfair for the overpowered weapon to exist […]
Web browsing can be risky business. That’s because with relative ease, hackers can gain access to your stream and steal your information. Want top-notch protection? Get it with a subscription to Private Internet […] The post Save Over 70 Percent Off on Private Internet Access VPN appeared first on Geek.com.
PARIS (AP) - Residents of the eastern French city of Strasbourg filled a city square Sunday for a memorial to the four people shot dead and the dozen wounded by a gunman at their famous Christmas market. The hour-long ceremony took place in Kleber Square by the city's Christmas market, ...
BATON ROUGE, La. (AP) - Louisiana residents can get discounted rides home through the holidays in a partnership between the state highway safety commission and ridesharing company Lyft aimed at lessening drunken driving incidents. The News-Star reports that $5 discounts will be available in Baton Rouge, Lafayette, Lake Charles, Monroe, ...
Archaeologists have made an exciting discovery in Egypt — the “exceptionally well preserved” tomb of a high priest, untouched for 4,400 years. The discovery of the colorfully decorated grave was described as “one […] The post Untouched, 4,400-Year-Old Tomb Discovered in Egypt appeared first on Geek.com.
PARIS (AP) - A memorial is being held at a square in the eastern French city of Strasbourg to remember the four people who were shot dead and the dozen who were wounded by a gunman several days ago. The gathering Sunday morning was in Kleber Square by the city's ...
TUCSON, Ariz. (AP) - A Tucson-based nonprofit has been awarded a permit to run shuttles at a popular recreation spot in southern Arizona. The Sabino Canyon Recreation Area hasn't had shuttle service since June 30, when the previous permit expired. The Coronado National Forest sought input from the public, which ...
Although the Monegasque driver impressed enough during his rookie campaign for Sauber to earn a seat at Ferrari for 2019, he has confessed to finding the step up to F1 tough to begin with. “At the beginning it’s first of all quite intimidating to speak to so many people,” he explained. ”Everything you are going to say is going to be analyzed, not only by your engineer, but by so many ... Keep reading
The Dolphins go north after 'The Miami Miracle" to the frozen tundra to take on the Minnesota Vikings in a must-win game.
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FANTASY PLAYS: Start 'Em Sit 'Em Advice For Week 15