this post was submitted on 17 Mar 2024
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[–] Maggoty@lemmy.world 1 points 8 months ago* (last edited 8 months ago) (1 children)

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@lemmy.zip 2 points 8 months ago (1 children)

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".

[–] Maggoty@lemmy.world 1 points 7 months ago* (last edited 7 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.