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Royeaux

Junior Member
Virginia

Recently, we finished our mock presidency in class and my fictional character was left in a state where our class's president, vice president, and chief of staff disliked me, probably because I ruined the president's re election race. Anyhow, those 3 are now bent on trying to convict my fictional character and even send him to death. So, as apart of our next unit our teacher was doing something special and writing a unique case for our class against my fictional character. So far, I've labeled the reasons for how you can be sentenced to death and how none of that fits my character but then I moved on to things my character has actually done and I'm a little stuck. So far, my character tried to pass an amendment in congress which would give police officers unlimited power over the internet to try and convict sex traffickers, although it had a 100% approval rating in the house, it died in the senate. To much of everyone's surprise, I had included a sub section which stated that I would take on the title and label of the constitution meaning that I was the supreme law of the land. So that is one thing that they will try and bring up in the court case. Another thing they might try and bring up is my alleged habit to leak information to the media. Although I had already talked about this when I brought up espionage, I'm worried that they might try and bring something else up.

This whole thing is to defend my fictional character and so I can understand if this doesn't get attention or any responses at all, I'm just trying to make the most legal and knowledgeable case I can to help save my character.

Some additional information;
I understand that only the official decree of the amendment would be put in the constitution meaning that any other words or any other sections are technically void upon writing them if not labeled as an official part of the amendment. This mean that the line which had my character try and take the label of the constitution was little more than an empty sentence and had no real meaning behind it. I tried to establish something which I could defend against for this but I couldn't really find an answer. I figured it has to do with first amendment rights and how you can't say threats against the president or say there's a fire in a movie theater but I'm having trouble tying it back to my situation and how to defend against it.

Any information provided would help a ton and apologies if this is inappropriate to post here and ask for assistance.
 


Taxing Matters

Overtaxed Member
It is not a crime for a legislator to propose any legislation or constitutional amendment, no matter how extreme it may be. A legislator cannot be convicted of anything, much less sentenced to death, for simply introducing a measure proposing to make himself king/emperor, for example. Rather, that’s the sort of thing that the rest of the legislature ought to simply reject, and the voters can boot the legislator out of office for it.
 

PayrollHRGuy

Senior Member
There are things that if leaked to the press could result in a death penalty. While I assume you are a legislator you don't mention the office you held.

You do realize that a vote of the US House and Senate isn't all that is required to add an amendment to the US Constitution, right?


The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
 

Royeaux

Junior Member
It is not a crime for a legislator to propose any legislation or constitutional amendment, no matter how extreme it may be. A legislator cannot be convicted of anything, much less sentenced to death, for simply introducing a measure proposing to make himself king/emperor, for example. Rather, that’s the sort of thing that the rest of the legislature ought to simply reject, and the voters can boot the legislator out of office for it.
So that's really interesting to hear, but where do you think I could get that from specifically? As in, is that an article from the constitution somewhere for example or just common knowledge. What I'd like to do is get as many facts and concrete evidence as possible to back up my innocence and put within a defense trial.
 

Zigner

Senior Member, Non-Attorney
So that's really interesting to hear, but where do you think I could get that from specifically? As in, is that an article from the constitution somewhere for example or just common knowledge. What I'd like to do is get as many facts and concrete evidence as possible to back up my innocence and put within a defense trial.
I really think it would behoove you to speak to your instructor about these things. Asking people on the internet for the answers is kinda cheating.
 

Royeaux

Junior Member
There are things that if leaked to the press could result in a death penalty. While I assume you are a legislator you don't mention the office you held.

You do realize that a vote of the US House and Senate isn't all that is required to add an amendment to the US Constitution, right?
Ah, yes! Sorry if that wasn't clear, but I understand how everything works what I'm trying to do is get like concrete evidence and quotes from articles of the constitution and such to back me up in our mock court case. From my short amount of research online the only things leaked to the press which could result in a death penalty would be things that aid an enemy of the state which would fit under espionage and treason and such which my character hasn't done at all. At any rate, even if they were to prove that I did leak anything to the press, it would've been comments from another character concerning the president and vp such as the department head of health and human services disproving of an action that the president did. So any kind of legal documents that I could pull from to help prove my innocence in the court case and aid the defense would be great.
 

Taxing Matters

Overtaxed Member
So that's really interesting to hear, but where do you think I could get that from specifically? As in, is that an article from the constitution somewhere for example or just common knowledge. What I'd like to do is get as many facts and concrete evidence as possible to back up my innocence and put within a defense trial.
The basic premise of our legal system is that everything is legal unless there is some law that says it isn’t. In addition to that, it is the burden of the prosecution to prove the defendant guilty beyond a reasonable doubt; the defendant does not have to prove actual innocence. What this means is that the prosecution must be able to point to some law that makes what they allege your character did a crime and they have to have evidence to prove your character met all the elements of that crime. There is no federal law that makes it a crime for a legislator to propose any piece of legislation, regardless of what that legislation would do.
 

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