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0 pointsJeremyBanks14y ago0 comments

The constitution and other agreements on human/civil rights are frequently violated by the American government. Why do you expect this case to be any different?

(My favourite example is that America hasn't had a constitutionally-authorized war since World War II. https://en.wikipedia.org/wiki/Declaration_of_war_by_the_Unit...)

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snowwrestler14y ago

Look, either you believe the Constitution limits the powers of the government, or you believe it doesn't.

If it does, then SOPA would be subject to those limitations as much as any printing press law would (the example to which I was responding).

If it doesn't, then why does SOPA matter at all? The government could just shut down websites left and right tomorrow regardless of what the law says.

nirvdrum14y ago

The problem is the gray area in between. Once passed, the law is the lay of the land. Its constitutionality can only be challenged once you've been charged with it. In the meanwhile, your livelihood is offline.

It's not uncommon for a law to be passed that is unconstitutional.

waqf14y ago

Just because the government sometimes gets away with unconstitutional things, it doesn't follow that there is no check whatsoever on the government's power.

For example, the government might get away with indefinitely detaining a few people without trial; but they might still forbear to arbitrarily detain more than a few percent of the populace for fear of popular revolt.

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