why is the Logan Act considered inoperative by the punditry?

[0rganism]

i keep hearing/reading opinions that suggest that while it remains law it hasn't been enforced in 160+ years, and therefore is somehow off the table as far as generating indictments goes. is there some kind of limitation on the frequency with which a law must be applied to avoid obsolescence? could someone still be indicted under the Logan Act?

https://en.wikipedia.org/wiki/Logan_Act

i see that the Logan Act has been at least referenced numerous times during political events of the last 50 years.

is there any case law that obsoletes or significantly modifies it? are the pundits full of shit on this particular issue? (special shillativity, not general shillativity...)

do you think the Trump campaign's activities prior to Jan. 20 include violations of the Logan Act?

4 votes, 0 passes | Time left: Unlimited
	Trump campaign is very likely to be innocent of any legal wrongdoing, insinuations otherwise are part of the Democrats' witchhunt
	0 (0%)
	Trump campaign may have committed illegal actions, but the Logan Act is not applicable
	1 (25%)
	Trump campaign may have committed illegal actions including Logan Act violations
	0 (0%)
	Trump campaign is very likely to have committed illegal actions not including Logan Act violations
	0 (0%)
	Trump campaign is very likely to have committed illegal actions including Logan Act violations
	3 (75%)
	none of the above
	0 (0%)
	0 DU members did not wish to select any of the options provided.
Show usernames Disclaimer: This is an Internet poll

[kentuck]

1. For the same reason...

..they spread bullshit about "obstruction of justice" as if the President is above the law. they are stupid sometimes.

[Polly Hennessey]

3. Sometimes?

[onenote]

2. The Logan Act is considered inoperative

because both republicans and Democrats have engaged in activities that might be viewed as violating it and no one really wants to open that can of worms. Plus, there are doubts about its Constitutionality as written.

[0rganism]

4. so it's inoperative partly because "everybody does it"?

comments about speed limits aside, that justification seems ... suboptimal.

on the other hand, the constitutionality question seems interesting. maybe if it's part of an indictment in the near future, we can get an answer to that question.

[angrychair]

5. Add one more option

“Trump committed crimes, including Logan Act but no one cares and trump is laughing at us”

Republican Party endorsed a pedophile

Every member of trump’s cabinet and likely almost every nominee of trump is more than likely a criminal

Trump is a criminal, a traitor and a sexual predator

They can not only commit any crime they want but brag about it and other republicans will hail them as heroes and Democrats will “give them a piece of their mind” as long as it doesn’t take anymore effort than a tweet but if they have to go further than their front door than it’s to much effort and they are sure that “someone else will take care of it for them”