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apodino
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SCOTUS to hear Case on State Run Federal Elections

Fri Jul 08, 2022 5:19 pm

Ok, so in the upcoming term the Supreme Court is set to hear a case brought by North Carolina Republicans. The backstory is that the NC State Supreme court has been throwing out Gerrymandered Congressional districts because they violate the state constitution. What the NC GOP is arguing is that because the Constitution specifically says the congressional election methods should be determined by the State Legislature, the state court has no right to intervene in this case.

https://www.scotusblog.com/2022/06/justices-will-hear-case-that-tests-power-of-state-legislatures-to-set-rules-for-federal-elections/

Some issues I have with this case are that because the Constitution originally passed the State Legislature, they have already determined this and that gives the courts the power to intervene. Also, I do believe that at the time the constitution was written (Originalism), the way the founders defined legislature is different than the way we define it. For proof of this, the Commonwealth of Massachusetts doesn't even use the term state legislature in their constitution to describe their law making body, but General Court. So I think this is a stretch, but I fear that some people, such as Alito, will use just the plain text to possibly rule for the GOP in this case. A ruling for the GOP in this case would have a lot of issues that imo could threaten democracy.

1. If the Court goes with this interpretation of Legislature that the GOP is arguing for, another place that the term Legislature is mentioned is in the selection of Presidential Electors. In theory, a legislature could just bypass the people completely and pick whichever electors they want. Where I see this as a problem for the GOP base is that the process would likely be controlled by the establishment. And I firmly believe if the GOP resorted to this, they would pick electors that would select a GOP establishment figure to finally rid the party of Donald Trump. The scary thing about this is one such guy they could pick would be Mitch McConnell. With more Legislatures controlled by the GOP than the Democrats, it could become impossible for Democrats to capture the white house under such a scenario.
2. If this goes the GOP way, you will see Gerrymandering on Steroids in the state level, and because some of the non partisan commissions in states were picked by the voters and not the legislature, their very existence could be threatened by this ruling. It will make red States redder and blue states bluer.
3. The US Senate would become even more important because the constitution took the election of senators away from the Legislatures and gave it to the people with ratification of the 17th Amendment.
4. Such a ruling would also threaten direct democracy on Ballot Initiatives relating to federal matters because only the legislature would have that power.
5. It would make state courts worthless on election matters, since they would have no check on the legislative branch anymore.

That being said, I can't imagine that even with the current court, the GOP would get a ruling in their favor on this. I can't see Roberts voting for this, and I would expect either Kavanaugh or Gorsuch to join Roberts. Certainly Jackson, Kagan, and Sotamayor won't vote for this either. But IMO, this is the most important case that the court is hearing next term, and the ramifications for 2024 and beyond are massive.
 
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casinterest
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Re: SCOTUS to hear Case on State Run Federal Elections

Fri Jul 08, 2022 5:28 pm

The issue at play here is that the Political party in charge gets to reinforce their majority by gerrymandering. At some point the issue would have to be litigated that the power of the people has been bypassed by the leaders. Government is of the people, by the people and for the people. Such Gerrymandering is ruining the ability of people to make proper choices about their own government.

If this goes to the Supreme Court, my thought is that if they give the legislature the rights to draw the maps, they would also have to end any partisan primary as it still reinforces the party in charge.

It could be the death of political parties as we know it.
 
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seb146
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Re: SCOTUS to hear Case on State Run Federal Elections

Fri Jul 08, 2022 6:48 pm

The right wing extremist Supreme Court will side with the extremist right wing and the extremist right wing will be handed victory in all 50 states to rule over everyone. We are quickly becoming a one-party nation. And Republicans are cheering this on, since they are the ones doing it.

EDIT:

Since gerrymandering is just fine, California, Washington, and Oregon should gerrymander out Republicans. It will be law, right?
 
bennett123
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 10, 2022 5:01 am

Clearly the State Legislatures will gain power.

Why do the GOP dominate them, given the Democrats often win at the Federal level?.
 
flyguy89
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 10, 2022 6:10 am

bennett123 wrote:
Clearly the State Legislatures will gain power.

Why do the GOP dominate them, given the Democrats often win at the Federal level?.

For a long spell at least, particularly during the Obama years, the Democrats really under-invested at the state level and the Republicans took advantage…winning many governorships and majorities in state legislatures. Democrats have been slow to right the ship.
 
Avatar2go
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 10, 2022 9:23 am

Conservatives have understood quite clearly that they are not, and will never be, the nationwide majority. So the way to maintain and expand political power, is to focus on areas where they are much closer to a local majority. And then leverage that by judicial appointments and redistricting. Which is why this case is so important.

Under the Moore challenge, the only recourse left to voters who are disenfranchised by redistricting, would be a Voting Act rights complaint to the DoJ. And that would also likely go before the Supreme Court, who could reinterpret those rights as well, under the same premise that the Constitution gives sole redistricting authority to the state legislatures.

That would mark a first in US history, that citizens have no right of redress within the courts, against government legislative action.
 
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par13del
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 10, 2022 12:22 pm

flyguy89 wrote:
bennett123 wrote:
Clearly the State Legislatures will gain power.

Why do the GOP dominate them, given the Democrats often win at the Federal level?.

For a long spell at least, particularly during the Obama years, the Democrats really under-invested at the state level and the Republicans took advantage…winning many governorships and majorities in state legislatures. Democrats have been slow to right the ship.

I think those democrats who support European style of government have been driving the ship, so while in the US some say all politics is local, the dems have taken on the idea that if they control Washington they control the country, somehow they have forgotten the little thing about state rights and that most day to day living is regulated at state and local level.

As for playing politics and gerrymandering to gain seats, all the wealthy democrats and their supporters need to do is to run get out the vote campaigns, does anyone really look at the voter turnout for state and federal elections?
 
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einsteinboricua
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 10, 2022 1:23 pm

apodino wrote:
Some issues I have with this case are that because the Constitution originally passed the State Legislature, they have already determined this and that gives the courts the power to intervene.

I'm not a lawyer, but in a rational world, I would expect the case to fail BECAUSE of this. In some states, election matters are enshrined in their own Constitutions or with initiatives/laws. If the electorate took away the power from the state legislature, then such orders should stand until the electorate reverses it. If the legislature itself gave up the power and enshrined it as law or in their own constitution, then such legislature is powerless, no matter what an article of the US Constitution says.

A rational judge would see the article in question as a means to devolve federal elections to the states rather than a central federal commission, but as the article does not prohibit other entities within the state or define what exactly is meant by state legislature, states with laws and amendments allowing election matters to be handled by a 3rd party should be allowed. In NC's case, if the state constitution explicitly allows state courts to intervene in election matters, the legislature would have to amend the constitution to remove that power from the courts.

The ruling could be narrowed to see just how far the NCSC might have overreached, but if their own state constitution doesn't limit the court's powers, then the NCSC was correct in intervening to put forward a map that safeguards NC voters' interests.

Furthermore, in a rational world, such a case should have not been picked up at all. Exactly how are NC Republicans harmed by this? They would lack standing, and the SCOTUS already settled precedent by stating that federal courts have no authority to settle election disputes, but state courts can. So if the court rules in favor of NC Reps, it would be clear that the court tends to favor Reps. After all, this is the same court that turned down requests from Dems in LA and AL about creating a second VRA district because the election was too close, and that federal courts could not intervene in such issues...yet Reps in NC challenge the NCSC and that's fair game for review?
 
Avatar2go
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 10, 2022 6:50 pm

It is interesting that the Supreme Court took this case, after ruling in 2019 that federal courts could not hear state election cases. They apparently have made an exception for themselves.

The rationale given for the decision to hear the case, was that the issue would keep recurring until settled, and could not be avoided. Which would seem to put at question the earlier decision to remove federal courts from the process.

As a layperson, it seems like the federal courts would be an obvious objective venue to hear state election disputes that involve federal offices, but only if they cannot be settled within the states, by the state courts.

It also seems like the legal basis for this would be the Voting Rights Act. But I also know conservatives have blocked recent efforts to expand the protections provided under that Act.
 
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seb146
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 4:08 am

Avatar2go wrote:
It is interesting that the Supreme Court took this case, after ruling in 2019 that federal courts could not hear state election cases. They apparently have made an exception for themselves.


But that was when we had a semblance of balance on SCOUTS. Now, we just have six theocrats deciding law based on their interpretation of the Bible.
 
flyguy89
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 6:07 am

par13del wrote:
flyguy89 wrote:
bennett123 wrote:
Clearly the State Legislatures will gain power.

Why do the GOP dominate them, given the Democrats often win at the Federal level?.

For a long spell at least, particularly during the Obama years, the Democrats really under-invested at the state level and the Republicans took advantage…winning many governorships and majorities in state legislatures. Democrats have been slow to right the ship.

I think those democrats who support European style of government have been driving the ship, so while in the US some say all politics is local, the dems have taken on the idea that if they control Washington they control the country, somehow they have forgotten the little thing about state rights and that most day to day living is regulated at state and local level.

Bingo. Dems (of the democratic socialist variety) fundamentally ignore federalism. The US is not and never has been a centralized country. Lessons and policies from small, highly centralized European countries do not apply apples to apples here. You can’t underplay the importance and role of state governments in the US.
 
T4thH
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 9:26 am

flyguy89 wrote:
par13del wrote:
flyguy89 wrote:
For a long spell at least, particularly during the Obama years, the Democrats really under-invested at the state level and the Republicans took advantage…winning many governorships and majorities in state legislatures. Democrats have been slow to right the ship.

I think those democrats who support European style of government have been driving the ship, so while in the US some say all politics is local, the dems have taken on the idea that if they control Washington they control the country, somehow they have forgotten the little thing about state rights and that most day to day living is regulated at state and local level.

Bingo. Dems (of the democratic socialist variety) fundamentally ignore federalism. The US is not and never has been a centralized country. Lessons and policies from small, highly centralized European countries do not apply apples to apples here. You can’t underplay the importance and role of state governments in the US.

Sorry, is it possible, you have a lack of knowledge regarding the political systems in Europe?
Which country ypu are talking about and is "your Europe"?
 
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Aesma
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 10:59 am

Plenty of "federal rules" apply all across the EU. For example car safety and environmental rules are decided at the EU level. In the US you have California deciding something and the others following because having "state rules" doesn't make sense. There is also an EU mandate for car inspections, and now that applies to 2 wheels vehicles, too.
 
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par13del
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 12:03 pm

T4thH wrote:
Sorry, is it possible, you have a lack of knowledge regarding the political systems in Europe?
Which country ypu are talking about and is "your Europe"?

Best example I can think of is local government, imagine that existed before the central government was created, then imagine that it is a shorter list of rights given to the central government than remained. Key being the local governments created the federal government and the rules they put in place for later states to join the union were not draconian.
The feds can certainly pass federal laws around voting in federal elections, but they have limits on their influence on local elections from everything like taxes and elected officials.
Heck even appeals against local laws have to get past the local supreme courts (which are the highest state courts) before they can even go federal, and that is if the federal court has jurisdiction.
 
flyguy89
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 3:30 pm

T4thH wrote:
flyguy89 wrote:
par13del wrote:
I think those democrats who support European style of government have been driving the ship, so while in the US some say all politics is local, the dems have taken on the idea that if they control Washington they control the country, somehow they have forgotten the little thing about state rights and that most day to day living is regulated at state and local level.

Bingo. Dems (of the democratic socialist variety) fundamentally ignore federalism. The US is not and never has been a centralized country. Lessons and policies from small, highly centralized European countries do not apply apples to apples here. You can’t underplay the importance and role of state governments in the US.

Sorry, is it possible, you have a lack of knowledge regarding the political systems in Europe?
Which country ypu are talking about and is "your Europe"?

Name a European country with governing institutions that feature the same level of devolved local governing power as the States retain in the US. Switzerland and, to a lesser extent, Germany are the only ones that come close.
 
flyguy89
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 3:53 pm

Aesma wrote:
Plenty of "federal rules" apply all across the EU. For example car safety and environmental rules are decided at the EU level. In the US you have California deciding something and the others following because having "state rules" doesn't make sense. There is also an EU mandate for car inspections, and now that applies to 2 wheels vehicles, too.

Again, not an apples to apples comparison. The EU is not a country and any EU-wide rules need to be adopted as law by the legislatures of each member country…or approve the delegation of such power to the EU.
 
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OzarkD9S
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 3:56 pm

There goes the Republic. Nice while it lasted.
 
petertenthije
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 3:57 pm

flyguy89 wrote:
T4thH wrote:
flyguy89 wrote:
Bingo. Dems (of the democratic socialist variety) fundamentally ignore federalism. The US is not and never has been a centralized country. Lessons and policies from small, highly centralized European countries do not apply apples to apples here. You can’t underplay the importance and role of state governments in the US.

Sorry, is it possible, you have a lack of knowledge regarding the political systems in Europe?
Which country ypu are talking about and is "your Europe"?

Name a European country with governing institutions that feature the same level of devolved local governing power as the States retain in the US. Switzerland and, to a lesser extent, Germany are the only ones that come close.

I don’t know enough of all the various governments in Europe, but Belgium for sure. They got 6 governments, and that’s before you start looking at the provincial and city/municipal level!
 
flyguy89
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Re: SCOTUS to hear Case on State Run Federal Elections

Mon Jul 11, 2022 4:30 pm

petertenthije wrote:
flyguy89 wrote:
T4thH wrote:
Sorry, is it possible, you have a lack of knowledge regarding the political systems in Europe?
Which country ypu are talking about and is "your Europe"?

Name a European country with governing institutions that feature the same level of devolved local governing power as the States retain in the US. Switzerland and, to a lesser extent, Germany are the only ones that come close.

I don’t know enough of all the various governments in Europe, but Belgium for sure. They got 6 governments, and that’s before you start looking at the provincial and city/municipal level!

Not quite. Unlike the US states, the 6 community/regional governments of Belgium have no independent judiciary, sovereign constitutions, or broad taxation powers.
 
apodino
Topic Author
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Re: SCOTUS to hear Case on State Run Federal Elections

Tue Jul 12, 2022 4:53 pm

flyguy89 wrote:
par13del wrote:
flyguy89 wrote:
For a long spell at least, particularly during the Obama years, the Democrats really under-invested at the state level and the Republicans took advantage…winning many governorships and majorities in state legislatures. Democrats have been slow to right the ship.

I think those democrats who support European style of government have been driving the ship, so while in the US some say all politics is local, the dems have taken on the idea that if they control Washington they control the country, somehow they have forgotten the little thing about state rights and that most day to day living is regulated at state and local level.

Bingo. Dems (of the democratic socialist variety) fundamentally ignore federalism. The US is not and never has been a centralized country. Lessons and policies from small, highly centralized European countries do not apply apples to apples here. You can’t underplay the importance and role of state governments in the US.


The difference between the US and Europe is that while Europe as a continent is about the same size as the US, the individual political entities within Europe are all independent countries where the EU parliament doesn't really have too much jurisdiction over member states, where in the US they are States under control of a Federal government that does have more jurisdiction over its member states and all of these states combined are one Country. And this is a big part of the political stalemate in this country. You have the elites in the Coastal Sates that want more power over everybody, and you have flyover states who are always forgotten by the political establishment as a result (Which is one of the factors that got us Donald Trump). There are things I think the federal government should have the power over, such as Transportation infastructure since every form of Transportation is by nature interstate, Defense, and foreign policy, but other issues that are trying to be run from the federal level are better run at the state level, such as Health Care, Education, etc.

seb146 wrote:
The right wing extremist Supreme Court will side with the extremist right wing and the extremist right wing will be handed victory in all 50 states to rule over everyone. We are quickly becoming a one-party nation. And Republicans are cheering this on, since they are the ones doing it.

EDIT:

Since gerrymandering is just fine, California, Washington, and Oregon should gerrymander out Republicans. It will be law, right?

Since you mention this, the map that the NY State Court threw out would actually likely be back in, and this map is much more favorable to Democrats than what ultimately was implemented, which actually has two of Pelosi's top lieutenants in Carolyn Maloney and Jerry Nadler running against each other. As far as a one party nation, we already are that, as while Democrats and Republicans are different rhetorically, when it comes to actually governing, they are much more alike and all serve the same donor class and not the people.

flyguy89 wrote:
bennett123 wrote:
Clearly the State Legislatures will gain power.

Why do the GOP dominate them, given the Democrats often win at the Federal level?.

For a long spell at least, particularly during the Obama years, the Democrats really under-invested at the state level and the Republicans took advantage…winning many governorships and majorities in state legislatures. Democrats have been slow to right the ship.


That's part of it, but if you look at a state by state count, a lot of the population is concentrated in a few blue states. So while more people may be democratic voters, because many of the Red States have much smaller populations, there are just more of them. Of the top ten, only Texas is a really red state, and while Ohio and Florida have been trending Red, they still have big bases of democratic voters in them. Texas used to actually be a good state for Democrats, until somehow Ann Richards loses as an incumbent governor and springs George W. Bush on us, with devastating consequences. Then when Obama lost all the state legislatures, the GOP pounced and took full advantage.

Avatar2go wrote:
It is interesting that the Supreme Court took this case, after ruling in 2019 that federal courts could not hear state election cases. They apparently have made an exception for themselves.

The rationale given for the decision to hear the case, was that the issue would keep recurring until settled, and could not be avoided. Which would seem to put at question the earlier decision to remove federal courts from the process.

As a layperson, it seems like the federal courts would be an obvious objective venue to hear state election disputes that involve federal offices, but only if they cannot be settled within the states, by the state courts.

It also seems like the legal basis for this would be the Voting Rights Act. But I also know conservatives have blocked recent efforts to expand the protections provided under that Act.


I actually thought that the Supreme Court was right with the decision that elections are a state matter as the constitution makes that clear regardless of how you view the State Legislature language. I also agree that hearing this case goes against that ruling, and furthermore if the courts rule for the GOP in this case, it actually goes against what this same court just said three years ago and also goes against the Judicial Restraint justification that the conservative members gave on this case a few years ago. It could also be that since it only takes 4 justices to decide to hear the case, it could be that the three Liberals along with Roberts were the ones who decided to take this case just for the opportunity to tell the NC GOP to pound sand. But that is risky unless they know they have a fifth vote against the GOP in this case.
 
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seb146
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Re: SCOTUS to hear Case on State Run Federal Elections

Tue Jul 12, 2022 7:11 pm

apodino wrote:
seb146 wrote:
The right wing extremist Supreme Court will side with the extremist right wing and the extremist right wing will be handed victory in all 50 states to rule over everyone. We are quickly becoming a one-party nation. And Republicans are cheering this on, since they are the ones doing it.

EDIT:

Since gerrymandering is just fine, California, Washington, and Oregon should gerrymander out Republicans. It will be law, right?

Since you mention this, the map that the NY State Court threw out would actually likely be back in, and this map is much more favorable to Democrats than what ultimately was implemented, which actually has two of Pelosi's top lieutenants in Carolyn Maloney and Jerry Nadler running against each other. As far as a one party nation, we already are that, as while Democrats and Republicans are different rhetorically, when it comes to actually governing, they are much more alike and all serve the same donor class and not the people.


Republicans are protecting the very wealthy and mega-donors like NRA and for-profit health care while Democrats are trying to control costs of health care and keep people from being shot while watching a parade. Neither are perfect but I will hold my nose and vote for the side looking like they are trying to help the average American.
 
apodino
Topic Author
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Re: SCOTUS to hear Case on State Run Federal Elections

Thu Jul 14, 2022 3:21 am

seb146 wrote:
apodino wrote:
seb146 wrote:
The right wing extremist Supreme Court will side with the extremist right wing and the extremist right wing will be handed victory in all 50 states to rule over everyone. We are quickly becoming a one-party nation. And Republicans are cheering this on, since they are the ones doing it.

EDIT:

Since gerrymandering is just fine, California, Washington, and Oregon should gerrymander out Republicans. It will be law, right?

Since you mention this, the map that the NY State Court threw out would actually likely be back in, and this map is much more favorable to Democrats than what ultimately was implemented, which actually has two of Pelosi's top lieutenants in Carolyn Maloney and Jerry Nadler running against each other. As far as a one party nation, we already are that, as while Democrats and Republicans are different rhetorically, when it comes to actually governing, they are much more alike and all serve the same donor class and not the people.


Republicans are protecting the very wealthy and mega-donors like NRA and for-profit health care while Democrats are trying to control costs of health care and keep people from being shot while watching a parade. Neither are perfect but I will hold my nose and vote for the side looking like they are trying to help the average American.


I still can't figure out which side is trying to help the average American. Both sides protect corporate donors, and the GOP is so anti Labor even most of their voting base comes from the Labor force that corporate America exploits. Is Joe Biden trying to help the average American? Well he hasn't done jack about gas supply in this country, and he has even said that we need to keep oil prices High just to punish Putin, even though Russia has made more money off Oil while being sanctioned than before the sanctions were put in place. Did Biden not think that China and India wouldn't take advantage of the cheap oil Russia was selling them?

As for the costs of healthcare, the House Ways and Means committee chairman is Richie Neal, who takes millions from the Drug Companies and the health insurance industry. Every time a bill is put before congress to address these issues, Neal keeps them bottled in committee. Also, have you noticed that the Establishment democrats always campaign against Democrats who purport to fight for these issues, but they have no problem supporting the democrats who work with the GOP to make sure these bills never pass and nothing ever gets done, because if stuff got done, it would threaten their donors pockets.
 
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seb146
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Re: SCOTUS to hear Case on State Run Federal Elections

Thu Jul 14, 2022 6:29 pm

apodino wrote:
seb146 wrote:
apodino wrote:

Since you mention this, the map that the NY State Court threw out would actually likely be back in, and this map is much more favorable to Democrats than what ultimately was implemented, which actually has two of Pelosi's top lieutenants in Carolyn Maloney and Jerry Nadler running against each other. As far as a one party nation, we already are that, as while Democrats and Republicans are different rhetorically, when it comes to actually governing, they are much more alike and all serve the same donor class and not the people.


Republicans are protecting the very wealthy and mega-donors like NRA and for-profit health care while Democrats are trying to control costs of health care and keep people from being shot while watching a parade. Neither are perfect but I will hold my nose and vote for the side looking like they are trying to help the average American.


I still can't figure out which side is trying to help the average American. Both sides protect corporate donors, and the GOP is so anti Labor even most of their voting base comes from the Labor force that corporate America exploits. Is Joe Biden trying to help the average American? Well he hasn't done jack about gas supply in this country, and he has even said that we need to keep oil prices High just to punish Putin, even though Russia has made more money off Oil while being sanctioned than before the sanctions were put in place. Did Biden not think that China and India wouldn't take advantage of the cheap oil Russia was selling them?

As for the costs of healthcare, the House Ways and Means committee chairman is Richie Neal, who takes millions from the Drug Companies and the health insurance industry. Every time a bill is put before congress to address these issues, Neal keeps them bottled in committee. Also, have you noticed that the Establishment democrats always campaign against Democrats who purport to fight for these issues, but they have no problem supporting the democrats who work with the GOP to make sure these bills never pass and nothing ever gets done, because if stuff got done, it would threaten their donors pockets.


Democrats introduced a bill to cap insulin prices. Republicans voted against it, every one. Democrats passed a weak universal health care bill. It passed just so it would give something for Republicans to claim victory. And Republicans still voted against it. Democrats want living wages, Republicans fight against it.

Yes, there is the whole "corporate donor" part of it, but even that is a no-brainer. Democrats have a group that wants to get money out of politics. Even as they are taking money for political reasons. Republicans want to keep multi-national corporations buying our elections.
 
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einsteinboricua
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Re: SCOTUS to hear Case on State Run Federal Elections

Sun Jul 17, 2022 4:56 pm

Thinking further about the implications of this case, should the Supreme Court rule in favor of NC Republicans and establish the Independent State Legislature Theory, one of the unintended side effects is that they would implicitly OK the National Popular Vote Interstate Compact. If state legislatures hold absolute power over federal elections (of which the election for president is included), then a state legislature indicating that its state votes will be cast in favor of the winner of the popular vote is also consistent with that theory AND the rules of the electoral college itself. That should be interesting to see develop.

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