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The Bill of Attainder is something completely different. a _Bill_ of Attainder is an illegal piece of legislation that targets a specific individual. For exampl
by dahfizz 6y ago
The Bill of Attainder is something completely different. a _Bill_ of Attainder is an illegal piece of legislation that targets a specific individual. For example, a law that says "It's illegal to be Bill Bryson" is an Bill of attainder, and is forbidden by the constitution.
That does not apply on a number of levels.
1) this ban is an act of the executive, not the legislature. It is not a bill.
2) this ban does not declare tik tok illegal (It's not clear what it even means for a product to be against the law).
3) The department of Commerce has a long history of... regulating commerce. It's what it does. If this kind of trade regulation was indeed unconstitutional, someone would have noticed by now.
- freeone3000 6y agoThe executive powers do not come from nothing; the legislature has delegated certain of its powers to the executive branch. In order to be banned from being imported, in the form of downloads, TikTok would have to be a threat to national security (the government said how yet, but they don't have to until trial) or involved in terrorism (the government has not argued this). They have to make a reasonable case as to how this is not simply banning speech they do not like. It's also not clear whether a download is actually an importation, or whether the Department of Commerce has any bearing on a US company (Google) manufacturing new copies of a product based on a foreign design. (The Huawei case is far from decided!) As for your third point: Someone did notice, and filed a lawsuit in federal court! This is an article about the ongoings about that case.