It is actually very simple. You walk into your workplace today and tell someone of any ethnicity to “go back to where you are from” and see what happens.
How this applies to elected officials at the federal level is, yes, not so simple.
But do not try to argue that the fundamental act of saying that phrase to someone in the workplace is a not clear cut case of workplace discrimination and a violation of one of the 10 federally protected classes.
The law is meant to protect people who are not in a position to protect themselves.
If lawmakers are not able or willing to protect themselves, then the whole system is broken and any law will not fix it.
Oh, it’s so broken.
How the fuck is this not apparent to some people?! 
Right I missed that part where it said “only people who can’t protect themselves”. Silly me I thought it just blankety said ALL PEOPLE.
Wow. So next time you’re at your work. Walk right up to some senior executive or some top person and you tell them to go back to where they are from. Then you can say “hey you aren’t protected because. Ya know. You can protect yourself!” Get back to me on how that worked out for you later.
Pretty much what I meant. But I was trying to avoid inflamatory words and name calling. Your adversary is never a bad guy in the own version of events. If you limit yourself to namecalling and returning hate. Well it’s a self imposed limit.
Sorry if I gave you the impression to condone the despicable phrases by Trump. This was not in the lightest my intention.
But from the article: “whether made by supervisors or by co-workers.” Trump is neither a supervisor or a co-worker of members of Congress.
My point is that political discussion should be by far much more free and protected than normal every day speech in a functional democracy, and that the" punishment" for the despicable Trump phrase should be the public court rather than the legal one.
The facts that Trump can utter such shitsense without the public recoiling in horror and that the Congress is so tribally divided that Republican Representatives are not willing to defend the indipendance of the Congress against the attack from another branch of Government say how much the system is broken and bringing in the law system will not fix it, just make things worse, tribalizing also the third branch.
Reversing your example, what do you think would happen if you say: “my CEO is a moron and a tool of our competitors, who helped him to get the job in order to damage our company”? You would be fired.
Do you think that the same would/should apply to an American citizen speaking of Trump?
I’d be fired for saying that yes, but that is not discrimination. Being called in idiot or a moron is not a protected class in regards to Article 14. You are arguing the merits of the language in the article and BB post…I am arguing the letter of the law.
Is a the POTUS the “boss” of a congress person? no. But he is the duly elected representative of all American people and by the letter of the law what he said was discriminatory to #TheSquad. He was framing that they cannot do their job because of their ethnic heritage…which is expressly a violation of the protected classes and Article 14.
I agree with much of what you are saying, the issue here is by the exact verbiage of law…what he did was discriminatory. What he said was racist. ofc what he also said is completely inaccurate given they are all US born citizens (save one), so they ARE trying to fix the broken country they are from.
You’re last question gets to the heart of what a supporter of Nostradumbass always falls back to. “Oh, well you can call him a dumbass, so he can tell the blacks go back to their mud-huts!!!” THOSE ARE NOT EQUIVALENT. If you look at a person and judge and hold against them race, color, religion, nationality/ancestry, gender. age, physical/mental disability, veteran status, genetic info, or citizenship…you are discriminating against that person (and the list is much longer in some states - but those are federally recognized).
Calling a person a dumbass is not ok, unless said person does in fact have a mental disability that diminishes their mental acumen. So for every Nostradumbass lover who argues that with me I say the same thing…“If you think I am wrong for calling him a dumbass, I will accept it…but only if you accept he has a mental disability and has to go on record stating so. If you insist he is the smartest and the bestest and has the best words…then I can call him a dumbass to my heart’s content.”
I don’t think we disagree here, but do not advocate for the devil…he can do that on his own.
If only the method The Doctor used to take down Prime Minister Harriet Jones would work IRL:
I respectfully disagree. Graham will do anything he can to appoint another SCOTUS judge.
C’mon RBG. You can make it…
Edit: Graham keeping him in power so McConnell can do the dirty deed.
Yup. Trump isn’t the boss of Congress, and that’s a good thing.
He has been so far.
Yes… No.
Does it even matter anymore? Say Bernie Sanders, or Warren or Harris are elected, and a year in RBG kicks the bucket. As far as I know there is absolutely nothing to stop McConnell and the republicans from just pulling another Obama. I am absolutely certain they’ll just refuse to hear any nominees. They have no reason not to. They’ve already proven that strategy works perfectly and they suffer no repercussions when their president nominates his own SCOTUS appointees. The dems do nothing and roll over.
So everything is fucked and McConnell wins, and we’ll have a hundred years of constitutional amendments via SCOTUS ruling with activist conservative judges.
It was nice growing up in America. I don’t know what country this is anymore but it’s fundamentally ruined.
…and all it took was some vile shitbag from KY. I used to think it was kind of rude to lump the whole of Appalachia into the “dumbass” bucket, but if there are enough of them there to keep re-electing this jack-hole and not enough others to reasonably convince them to cut that shit out, then I’m going to continue to make deep south and fly-over country jokes.
Go ahead and tell me that will just polarize them more. IDGAF any more.
1/3 of the Senate is up for re-election in 2020. If the Democrats can take the Senate the guy who bears an uncanny resemblance to a turtle can go pound sand. Unfortunately, it will take heavy turn out of voters punching the card for Democrats to turn the Senate. It can be done, but the nominee for President has to be someone who excites voters, not some milquetoast “pragmatic centrist”, in order to get those voters into the booth.
It is not as simple as that, and I explained to you the ultimate Trump card that the president has.
Another way to put it, even if the President didnt have absolute immunity, this scenario would be the equivalent of a manager at Burger King telling McDonald’s managers to go back to their country. Just as those are two different companies and liability wouldnt apply under violation of the 14th Amendment/Title VII Hostile Work Environment claim, the same is here where an Executive Branch employee (the President) tells the Legislative Branch employee (the Congresswomen) to go back to their country.
Also, the one time incident of a covert racially charged statement is unlikely to violate Title VII. There are in fact cases in which the language was much more direct and explicit,yet failed to violate Title VII.
Ideally, both trump and congress are employees of the american people (or really the electoral college I guess).
I have some serious concers with both of then on their next performance review.
Which is why we fire them through electoral process.
Yep. It’s too bad the ec subverts the will of the people,quite intentionally, and can’t possibly shake out to represent america now that political gerrymandering is a-ok.
That’s why I said “ideally”. tRump’s presidency kind of proves American democracy has failed.
