Posts Tagged thirteenth amendment

The Apple Case Could Violate The Thirteenth Amendment

If Apple is compelled to create a program that doesn’t exist for the government, that would be a type of slavery.

From Reason.com:

Instead, the DOJ has obtained the most unique search warrant I have ever seen in 40 years of examining them. Here, the DOJ has persuaded a judge to issue a search warrant for A THING THAT DOES NOT EXIST, by forcing Apple to create a key that the FBI is incapable of creating.

There is no authority for the government to compel a nonparty to its case to do its work, against the nonparty’s will, and against profound constitutional values. Essentially, the DOJ wants Apple to hack into its own computer product, thereby telling anyone who can access the key how to do the same.

If the courts conscripted Apple to work for the government and thereby destroy or diminish its own product, the decision would constitute a form of slavery, which is prohibited by our values and by the Thirteenth Amendment.

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The Atlantic: Gun Rights Are Racist

The Atlantic:

Public-carry advocates like to cite historical court opinions to support their constitutional vision, but those opinions are, to put it mildly, highly problematic. The supportive precedent they rely on comes from the antebellum South and represented less a national consensus than a regional exception rooted in the unique culture of slavery and honor. By focusing only on sympathetic precedent, and ignoring the national picture, gun-rights advocates find themselves venerating a moment at which slavery, honor, violence, and the public carrying of weapons were intertwined.

The NRA’s response:
The authors of this piece are correct in their sense that our current gun debate has its roots in the 19th-century American South—but they managed to get the true alignment of things completely backwards. It is the modern gun control movement that is absolutely a product of racist legislators trying to deprive black Americans of the ability to defend themselves.

When the Civil War ended and the Reconstruction Amendments freed the slaves and assigned them equal rights under the law, the white landowners at the top of the socio-economic ladder found themselves in a predicament. Not only were they deprived of their resource pool of unfree labor, but they now lived side by side with a black population that outnumbered them—and was about to enjoy equal access to both ballot boxes and firearms. These landowners acted swiftly to defend their dominant position. Encouraging poor whites to cling to a sense of racial identity and despise their black neighbors was part of their strategy. The other part was an explosion of new legislation that spat in the face of the Constitution’s clear intention to guarantee the rights of the former slaves.

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