• Maggoty@lemmy.world
    link
    fedilink
    arrow-up
    1
    ·
    edit-2
    9 months ago

    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
      link
      fedilink
      English
      arrow-up
      2
      ·
      9 months ago

      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
        link
        fedilink
        arrow-up
        1
        ·
        edit-2
        9 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.