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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,514
Loc: Uncanny Valley
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Re: Moore v Harper [Re: Cymbal]
#27846587 - 07/02/22 03:22 PM (1 year, 10 months ago) |
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Quote:
Cymbal said: Wizards? Demigods?
People. People trying to come up with a plan to form a government unlike anything that preceded it. People trying to appease the individual colonies while at the same time create a functional government with enough power to hold the nation together. They succeeded. You can look back now all you want with a cynical view, but when can't you do that with history?
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Cymbal
Kill your idol
Registered: 06/29/22
Posts: 76
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Re: Moore v Harper [Re: Enlil]
#27846611 - 07/02/22 03:36 PM (1 year, 10 months ago) |
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While excessive cynicism may create certain distortions, blind optimism sees nothing.
Very bad things are on the horizon, Enlil.
Buckle up and see you in the next life!
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,514
Loc: Uncanny Valley
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Re: Moore v Harper [Re: Cymbal]
#27846684 - 07/02/22 04:34 PM (1 year, 10 months ago) |
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What are you even talking about? What optimism?
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Kryptos
Stranger

Registered: 11/01/14
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Re: Moore v Harper [Re: Enlil]
#27847254 - 07/03/22 03:57 AM (1 year, 10 months ago) |
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Quote:
Enlil said:
Quote:
ballsalsa said:
Quote:
Enlil said: Yes they could. The only court Required by the Constitution is the Supreme Court. The rest of the federal system is completely a creature of statute.
For that matter, even judicial review by SCOTUS is just a courtesy/convention conjured from thin air and extended by the good graces of congress
Not exactly, but it is interesting to ponder what SCOTUS could do to stop Congress if they decided to ignore them.
I have the distinct feeling that we will find out.
That said, if I was to hazard a guess, SCOTUS would essentially turn to mob enforcement. As they have no actual power, their only fallback is people that agree with their decisions going into the streets and enforcing them as they see fit.
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Brian Jones
Club 27



Registered: 12/18/12
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Re: Moore v Harper [Re: Kryptos]
#27847356 - 07/03/22 07:15 AM (1 year, 10 months ago) |
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Some states are talking about ignoring the SCOTUS. I have no idea how that would work. The Court does seem to have gone off the rails, but IDK.
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,514
Loc: Uncanny Valley
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The idea is absurd. First, it would only apply to federal elections, meaning it would really only apply to the house of representative seats since districting has no bearing on senate or presidential elections. Second, there is zero precedent for the SCOTUS to overturn a state legislature's ability to delegate authority to state court systems to handle disputes. It seems pretty obvious to anyone with half a brain and legal training that this goes far beyond the power given the SCOTUS by Article III.
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Kryptos
Stranger

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Re: Moore v Harper [Re: Enlil]
#27847725 - 07/03/22 01:19 PM (1 year, 10 months ago) |
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Reframe:
State legislatures take back that power from the courts, and SCOTUS allows it to happen.
And yes, this would apply only to the House. The Senate and the Electoral college already heavily favor republicans. The House is biased in their favor, but not to the extent that the GOP can comfortably win elections/filibuster breaking minority in the Senate without popular support.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,514
Loc: Uncanny Valley
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Re: Moore v Harper [Re: Kryptos]
#27848311 - 07/03/22 09:21 PM (1 year, 10 months ago) |
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State legislatures can take power from the courts at any time. It is a common thing.
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Kryptos
Stranger

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Re: Moore v Harper [Re: Enlil]
#27848397 - 07/03/22 10:40 PM (1 year, 10 months ago) |
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Normally, this would happen by passing laws, or amending the state constitution, right?
In this case, it seems that the state legislature is asking SCOTUS to allow them to take away the power of the courts to enforce a specific provision of the state constitution in a specific circumstance, without actually changing the constitution. Because it would kind of look bad if they changed the constitution to remove equal protection clauses.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,514
Loc: Uncanny Valley
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Re: Moore v Harper [Re: Kryptos]
#27848440 - 07/03/22 11:09 PM (1 year, 10 months ago) |
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The SCOTUS doesn't have that power.
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