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Thursday, 15 August 2019

David Frum thinks he found a constitutional violation in Trump’s tweet about Israel barring Reps Tlaib & Omar (and people have thoughts)

We already know that some in the anti-Trump Resistance consider the president’s tweet about Israel and Reps Rashida Tlaib and Ilhan Omar to be an impeachable offense. Here’s the tweet in question:
It would show great weakness if Israel allowed Rep. Omar and Rep.Tlaib to visit. They hate Israel & all Jewish people, & there is nothing that can be said or done to change their minds. Minnesota and Michigan will have a hard time putting them back in office. They are a disgrace!

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David Frum thinks he spotted a constitutional violation:
President Trump today violated right in front of all eyes, on Twitter, the Speech and Debate clause of Article I

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Really? Many didn’t share Frum’s constitutional interpretation on this one:
For those interested in what words actually mean, the Speech/Debate Clause does not give members of Congress an all-access global vacation pass. What it does is prevent lawmakers from being arrested while on the floor, heading to it for votes, or for speeches made while on it.

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Courts have repeatedly ruled that the Speech/Debate Clause covers only "inherently legislative" activities like voting, not political ones (op-eds, rallies). An extracurricular vacation organized and funded by a foreign NGO is not a legislative activity, @davidfrum. Be smarter.

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How is spreading constitutional illiteracy reinforcing and bolstering the constitutional system?

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Jennifer Rubin was among those who didn’t take issue with Frum’s constitutional hot take:
In the name of “conservatism” maybe Rubin decided to give Frum a pass on that.
So in conclusion:

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