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February 23rd, 2008

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02:04 pm - im in ur lawz braking ur constitushunz
let's do away with qualified immunity. that is such bullshit! in a nutshell, it says that while us regular citizen types are held to the more absolute standard of no ignorance of the law, and specifically "that persons engaged in any undertakings outside what is common for a normal person, such as running a nuclear power plant, will make themselves aware of the laws necessary to engage in that undertaking. If they do not, they cannot complain if they incur liability" even when "judge-made law is retroactive as a new precedent applies to events that occurred prior to the judicial decision", actual government employees doing the government's work (which is certainly outside what is common for a normal person) have the much lesser standard of not doing anything which "a hypothetical reasonable person in the defendant's position would have known [...] violated clearly established law". so they are specifically excused from having to learn the legal position required of what they are actually doing, and implicitly from ignorance of the law generally as it applies to them. their whole job is an invincible error. this means a cop or teacher is under no obligation to know what they are legally forbidden from doing; they only need to know what everyday people are aware is legally forbidden from them doing. also note that this doesn't apply to breaking of normal statutes, but only to constitutional rights, which one would think woudl be more important. so they can't violate normal laws but they can violate the bill of rights. in summary, govt employees - who i would think should be held to a higher standard - are held to a lesser legal standard than normal people as regards obeying the constitution - which i would think would be held to a higher standard than normal law. i call shenanigans on this!
np: party ben - every car you chase (the snow police)

(1 shot upside the head | en garde!)


Date:February 26th, 2008 03:23 am (UTC)

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