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Comment by polski-g

2 hours ago

The DOW should (and does) have ability to do anything and everything that Congress has said they can do.

So, for example, if Congress says the military can require the entire domestic population to be Catholic and kill anyone who isn't... ?

That's not how it works.

  • Congress can do that, can't it? Why can't it? It could declare all competing religions as terrorist organisations.

    Obviously it'd be immoral, unorthadox and impractical but I expect Congress has a long history of promoting and stamping out ideologies and they can do it. What little I know about the civil rights era springs to mind.

  • It actually is, and this is why there are separate judicial, executive and legislative branches to put those checks and balances on each other instead.

    • Your argument is that if Congress passes a law that says the military can summarily execute non-Catholics, the military should have the ability to do that, i.e. the courts or the public shouldn't stop them?

      > Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      > No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

      Example chosen specifically for its unambiguous unconstitutionality.

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