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Jennifer Elsea

Jennifer Elsea

@jnklz.bsky.social

5.8K followers 290 following 1.2K posts

Legislative attorney at CRS. NatSec, IHL, international law, etc. Army Intelligence officer in previous life. Opinions mine. No skeets from this account are attributable to CRS.

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Jennifer Elsea @jnklz.bsky.social · Jun 20

Apparently the 9th Circuit interprets the 10 USC § 12406 requirement that “regular forces” are unable to execute the law means federal officers. Legislative history makes clear that regular forces means the regular armed forces as opposed to the militia.

Jennifer Elsea @jnklz.bsky.social · 4h

I had a roommate from Belgium who used to bring everybody chocolates from there, but brought me beer instead. Pretty good, although many were kind of sour for me.

Jennifer Elsea @jnklz.bsky.social · 5h

It’s seriously hoppy. I liked that before it was cool, and continue to like it after it became less cool. Or whatever the kids are calling it these days.

Jennifer Elsea @jnklz.bsky.social · 5h

My first tour was also in Berlin. Fortunately, Bitburger Pils was widely available. And a lot of other good beers. (Prior to living in Germany, I didn’t care much for beer. Things are better here now.)

Jennifer Elsea @jnklz.bsky.social · 5h

I mean Snake Dog. From flying Dog brewery. One of my favorite IPAs.

Jennifer Elsea @jnklz.bsky.social · 6h

Ah yes, the Reinheitsgebot raises its ugly head.

(Pun not intended, but it’s kind of good.)

Jennifer Elsea @jnklz.bsky.social · 6h

Snake Eyes makes some good ones. But, yes, agreed. We can dream.

Jennifer Elsea @jnklz.bsky.social · 6h

Yes.

Jennifer Elsea @jnklz.bsky.social · 6h

I did make a pilgrimage there to visit the Pilsner Urquell brewery. Highly recommended. (Although this was many years ago.)

Jennifer Elsea @jnklz.bsky.social · 6h

Can’t say I blame them. Bitburger Pils remains my favorite beer. (I went to uni in Trier, close by.)

Jennifer Elsea @jnklz.bsky.social · 6h

Well, yes, but we apparently have our own spelling.

Jennifer Elsea @jnklz.bsky.social · 6h

Can’t disagree there.

Jennifer Elsea @jnklz.bsky.social · 6h

Also, it’s generally known as Pilsen

(Confessions of a former beer snob)

en.wikipedia.org/wiki/Plze%C5...

Plzeň - Wikipedia

https://en.wikipedia.org/wiki/Plzeň

Jennifer Elsea @jnklz.bsky.social · 6h

Of course, but

A bottle of Bitburger Pils

Jennifer Elsea @jnklz.bsky.social · 6h

I hate to quibble, but Bitburg is famous for Pilsner.

Jennifer Elsea @jnklz.bsky.social · 14h

I think that’s about right.

Jennifer Elsea @jnklz.bsky.social · 14h

the same as § 3. I figure if anyone would have flagged the difference, it would have been AG Stanbery.

If anyone is aware of any historical discussion of this issue, please share!

It is impossible to imagine a case in which the construction from laws in pari materia has a more cogent application; for it is evident here that the law-maker, in framing the disqualifications of the voter, took special cognizance of the third section of the amendment, and weighed it word by word, following it literally for the most part, and rejecting deliberately the very word intended to embrace a military officer.

Accordingly we find, when that was the purpose, as we see it was in the third section of the constitutional amendment known as article XIV, Congress expressed that purpose very clearly.
That section provides that "no person shall be a senator or representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Thie third section is expressly referred to more than once in these acts. It is made, in fact, a part of these acts. Its lunguage is followed, word for word, in these disqualifying clauses, as far as was possible, except in the particular in which one is made to apply to eligibility and the other to the right to vote.

Jennifer Elsea @jnklz.bsky.social · 14h

I always thought so, but the grammar is a bit odd. Attorney General Stanbery in his dissection of the Reconstruction Acts in 1867, which incorporated not-yet-ratified 14.3 by reference, reads the oath required by the Act (which does say ‘against the United States’) as—>

archive.org/details/op-a...

Official Opinions of the Attorneys General of the United States : United States Department of Justice : Free Download, Borrow, and Streaming : Internet Archive

Official Opinions of the Attorneys General of the United States Advising the President and Heads of Departments in Relation to Their Official Duties

Jennifer Elsea @jnklz.bsky.social · 15h

I never found any discussion of the difference. It seems everyone just assumed that “against the same” and “enemies thereof” referred to the United States.

Jennifer Elsea @jnklz.bsky.social · 1d

Or a lame duck, because it shot itself in the foot

Jennifer Elsea @jnklz.bsky.social · 2d

That would likely be a worthwhile endeavor.

Jennifer Elsea @jnklz.bsky.social · 2d

Yes, exactly. Recall, at the time militia could only be called up under those circumstances. It does not appear this law was meant to expand on it. Opposite, really.

Jennifer Elsea @jnklz.bsky.social · 2d

Yes, the idea was just to make calling up the Guard second. As was already practice by that time.

Jennifer Elsea @jnklz.bsky.social · 2d

I mean, it seems like the ultimate test of judicial deference. The statute really did start out as part of what became the Insurrection Act. bsky.app/profile/jnkl...

Jennifer Elsea @jnklz.bsky.social · 19d

Fun fact: Insurrection Act. The Act of Feb. 28, 1795 was the first permanent provision permitting the president to call forth the militia. By 1873, when all statutes in force were codified into the Revised Statutes, section one was split up:

Revised statutes table showing section one split into two sections destined for the title for the Militia and one for the Insurrection title

Jennifer Elsea @jnklz.bsky.social · 2d

Peanut Butter Cuds.

Jennifer Elsea @jnklz.bsky.social · 2d

For whom?