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Joined 7 months ago
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Cake day: December 9th, 2023

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  • If, as you say,

    I’m unconcerned with how it was intended since that’s totally irrelevant to what it actually is.

    Then why did you waste time describing what you believed was the intention behind it earlier when you said,

    I think of it as a rhetorical flourish to emphasize the importance they placed on representing states rather than people.

    Regardless, the other point that I made that you haven’t addressed still stands: they put that prohibition against banning the slave trade in there for a reason, and that reason was presumably not “as a rhetorical flourish”, so either the people who insisted that it be present were horribly incompetent at writing legal language that would preserve their own interests, or your personal opinion as to how Constitutional law works in this case is missing something important.



  • Indeed, the limitation in what can be amended is in practice totally powerless. I think of it as a rhetorical flourish to emphasize the importance they placed on representing states rather than people.

    It isn’t worded as a “rhetorical flourish”; it is worded incredibly clearly and explicitly as a prohibition:

    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.

    In fact, taking your reasoning a step further: are you likewise arguing that when the prohibition against banning the slave trade prior to 1808 was included here, that it was also understood to be a “rhetorical flourish” with no teeth behind it? If so, then why did they go to so much trouble to put it in? It seems like a lot of wasted effort in that case.








  • Fun fact: even when using an absolute scale like Kelvin, it’s theoretically possible to have a negative temperature!

    The reason for this is that temperature measures how much energy you have to pay in order to increase the number of possible microscopic states accessible to the system by a certain amount. In really weird systems it is possible that the amount of energy you can put into the system has a cap, so if you keep pouring energy into the system then eventually it will be forced into the unique microscopic state where every part of the system contains as much energy as it possible can. When this happens, the only way to increase the number of microstates that the system can be in is by removing some of the energy from the system–which you can visualize as creating the possibility of there being holes in the system where there is an absence of energy–and so the temperature is negative.

    This kind of system is so weird, though, that is existence is primarily theoretical. Last time I checked, such a system has not yet been demonstrated to exist in a lab. Still, it is fun to think about!


  • Quoth the article:

    As spotted by iMore, this indemnification stems from how Epic Games breached the developer agreement it had with Apple when it tried offering its own alternative payment system in August 2020.

    In short: Epic Games pissed off the court when it consciously chose to violate the terms of its its contract with Apple before filing the lawsuit, rather than first filing the lawsuit and waiting for it to conclude. The court is taking the unusual step of billing Epic Games for Apple’s legal expenses precisely to disincentivize this kind of behavior in the future.