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aderson francois 🇭🇹 14th Amendment Baby Profile picture
@abfrancois
Aug 26, 2017 • 34 tweets • 4 min read • Read on X
1/x This thread attempts to explain as neutrally as possible what happened in the #DNCFraudLawsuit
2/x As I go through I will post link to various court documents in the case. My point here is not to make political or moral claims.

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More from @abfrancois

aderson francois 🇭🇹 14th Amendment Baby Profile picture
Oct 8, 2018
1/x As far as SCOTUS goes, I think the lesson black people learned since slavery is to hold in the mind two things that seem to be in contradiction but are not. The first is this: the court is constructed and for the most part operates as a protector of power and the status quo.
2/x You don’t have to be a nihilistic legal realist to realize that, with some exceptions, the court has at one point or another explicitly endorsed or implicitly acquiesce to virtually every single one of the worst human rights violations and abuses in the country.
3/x But the second idea matters too and it is that SCOTUS is the one institution with the power to constitutionalize human rights because, even if we the people succeed in amending the constitution, eventually SCOTUS will in one way or another settle the meaning of that amendment
Read 8 tweets
aderson francois 🇭🇹 14th Amendment Baby Profile picture
Sep 27, 2018
1/x Here's the irony about Kavanaugh. In the vast majority of cases, particularly those involving constitutional questions, the standard SCOTUS uses is not "of two possible answers, what is the correct one" but rather "of two possible answers, on which side should it err?"
2/x So when the court uses strict scrutiny to strike down a race-based government decision, it's not because it knows for a fact that's the correct outcome but because it believes that when it comes to race it should err on the side of forbidding these government actions.
3/x I don't agree with the reasoning but that's what the court is doing: it errs on the side of saying no because, in the court's incorrect reading of history, race rather than racism is the problem and, as such, all race conscious decisions are presumptively unconstitutional.
Read 7 tweets
aderson francois 🇭🇹 14th Amendment Baby Profile picture
Aug 18, 2018
@SeeDaneRunAgain 1/2His story is even more interesting. His first owner was his own father; his second, his half brother. He was part of the state convention from South Carolina that voted to ratify the 14th amdt. The house he bought after the war was is late slavery-owning father.
@SeeDaneRunAgain 2/2 He became a federal customs inspector after retiring from congress but lost his job before he died when Woodrow Wilson fired virtually every black civil servant in the federal government because, racist that he was, he didn’t believe Blacks should be supervising whites
@SeeDaneRunAgain 3/x One more twist to Smalls’ story. Woodrow Wilson, who had Smalls fired, was a college classmate of Thomas Dixon, Jr., author The Clansman trilogy novels D.W. Griffith adapted to make Birth of a Nation, which popularized the idea of blacks running amok during Reconstruction
Read 5 tweets
aderson francois 🇭🇹 14th Amendment Baby Profile picture
Jun 26, 2018
1/x This will be a bit of a con Law thread but it goes to the heart of a big gap in Roberts majority. Majority opinion has 4 steps. Step 1: travel ban fits within POTUS statutory authority. Step 2: when POTUS exercises statutory authority in an area
2/x in which constitution gives him broad powers (immigration) courts will defer to him. Step 3: deferring to POTUS means reviewing the stated rationale for his action (national security) under rational basis review.
3/x Step 4: the only exception to reviewing government action under rational basis review is if action is motivated by animus or hatred toward a particular group. Using that reasoning Roberts said that Trump didn’t talk enough shit about Muslims to trigger the animus exception.
Read 8 tweets
aderson francois 🇭🇹 14th Amendment Baby Profile picture
May 30, 2018
The 14th amdt turns 150 years old this year on July 9. It is the closest we’ve come to writing into the constitution what we claimed in the Declaration of Independence. If you’re forced to pick one, choose the 14th - above the 1st, the 2nd, or the FIF. Sorry Dave Chappelle.
2/x I’m using this as a thread to post one tweet a day about the fourteenth amendment until its 150th anniversary on July 9th. John Bingham, republican of Ohio, is credited as the principal author of Section 1 of the amendment, which contains its substantive rights provisions.
3/x I sort of lied when I said I would post one tweet per day until July 9th to celebrate the 150th anniversary of the 14th. Some ideas don’t fit in one tweet. So let’s say one thread per day - short ones:
Read 288 tweets
aderson francois 🇭🇹 14th Amendment Baby Profile picture
May 7, 2018
1/3 I’m surprised (though pleasantly so) seeing this from a @nytimes correspondent. Often there’s this sentimental notion that the result of voters exercising their democratic will is by definition a wise and virtuous thing. Depending on how you slice the country geographically,
2/3 I have no doubt that a plurality (if not a majority) would vote to make the US officially a Christian nation, expel Muslims & Jews, & back state-enforced racial segregation etc. This isn’t to deny the sweep and span of American progress (actual & symbolic).
3/3 Rather it’s to say that the legitimacy of democracy isn’t based on the fact that voters always do the right thing. If that was the measure of our form of government, it probably would have died out a long time ago.
Read 4 tweets

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