Noleli’s avatarNoleli’s Twitter Archive—№ 25,037

    1. Stupid legal question: the First Amendment prohibits *statutory* restrictions on religion, speech, press, and assembly: “*Congress* shall make no law…” But when we talk about it now, we assume that regulations and executive orders are also bound by the 1st Amendment. Why?
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  1. …in reply to @Noleli
    Is it because the power of the executive to regulate is granted by Congress, so regulations are legally indistinguishable (in this context) from laws?
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    1. …in reply to @Noleli
      There’s disagreement from strict textualists, but this article argues that executive action that violates the 1st Amendment is either authorized by statute (my guess), or violates the 5th Amendment’s Due Process clause. ameliatd/954414959227756544
      oh my god twitter doesn’t include alt text from images in their API
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