At Menendez Trial, Legal Wrestling Over Definition of ‘Constituent’

NY Times ^ | 9/20/17 | NICK CORASANITI

[Libloather]

**SNIP**

More broadly, it has inserted a level of rhetorical uncertainty into one of the core principles defining the responsibilities of members of Congress: whether they serve on behalf of the people from their home state, or whether, once elected, they represent much broader interests.

The prosecution, citing Black’s Law Dictionary, argued in a brief filed on Tuesday that “the straightforward answer is that Senator Menendez’s constituents are the New Jerseyans that he was elected to represent in the United States Senate.”

But the defense, in a brief that was also filed Tuesday, claimed that the term was significantly amorphous and that wrestling with its meaning was “not a legal question for the court to answer” but rather one for the jury to determine, “because the word potentially bears on defendants’ state of mind.”

[Libloather]

In its argument, the defense pointed to the lack of an existing legal or constitutional definition of the term, and sought to differentiate among the people represented by a senator.

Fingers crossed that the jury knows what 'perp' means.

[DoughtyOne]

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Just $877.00 dollars and cents to 95.00%

[DoughtyOne]

That would alleged perp in this day and age.

Bwa ha ha ha...

[gov_bean_ counter]

Almost as tough as the word “is”.

[Steely Tom]

Almost as tough as the word “is”.

I was gonna say.

[Political Junkie Too]

More broadly, it has inserted a level of rhetorical uncertainty into one of the core principles defining the responsibilities of members of Congress: whether they serve on behalf of the people from their home state, or whether, once elected, they represent much broader interests.

The answer is simple: who would be the constituents without the 17th amendment?

The idea of "broader interests" goes against the purpose of co-equal branches and a bicameral Congress. "Broader interests" are already addressed by the structure of the government itself; it is arrogance for a Senator to think they have a personal responsibility to "broaden" the constituency they serve.

-PJ

[Midnitethecat]

Dick the butcher was right.

[WhoisAlanGreenspan?]

In order to play this game you need to throw out pretty much everything Blacks Law Dictionary has to say on the matter;

What is CONSTITUENT?

A word used as a correlative to "attorney," to denote one who constitutes another his agent or invests the other with authority to act for him. ' It is also used in the language of politics, as a correlative to "representative," the constituents of a legislator being those whom he represents and whose interests he is to care for in public affairs; usually the electors of his district.

Law Dictionary: What is CONSTITUENT? definition of CONSTITUENT (Black's Law Dictionary)

[ptsal]

Well, constituent would omit the Dominicans and Haitians....

constituent | adjective
1 being a part of a whole: the constituent minerals of the rock.
2 being a voting member of a community or organization and having the power to appoint or elect: the constituent body has a right of veto.
• able to make or change a political constitution: a constituent assembly.

[shanover]

Our society is so screwed.

[dragnet2]

I really dislike corrupt arrogant career politicians and their corrupt attorneys. Hard to believe half the courts put up with these clown spectacles nowadays.

[DoughtyOne]

Thanks...

[Impy]

I hope he’s acquitted and runs again, might be the only chance for us to win the seat.