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Antonymous
Apr 4, 2009


oh no not the american democracy we all know and love

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captainbananas
Sep 11, 2002

Ahoy, Captain!

sum posted:

https://twitter.com/lib_crusher/status/1542523319211008002
Kinda cool how the Republicans had a situation where the Dems were more docile and ineffectual than an actual controlled opposition party, an institution practically designed to redirect public anger at how lovely everything is through a series of baffles until it dissipates, and are knocking it all down. Like maybe this is just the end result of 40 years of one side governing using partisan logic and the other side refusing to, but surely they have to realize that making the political conditions such that moderation is impossible is bad for them, right?

bad for them how? what's going to get in their way at this point? just make brunch the last thing you outlaw and there will be no opposition with any material means behind it

pissinthewind
Nov 11, 2021

Can someone break down this independent state legislature thing for a moron like me? Is it a states rights thing?

captainbananas
Sep 11, 2002

Ahoy, Captain!

pissinthewind posted:

Can someone break down this independent state legislature thing for a moron like me? Is it a states rights thing?

state's rights + originalism. That is, state's rights to ensure only capital-holding white men have the franchise, just as the founders intended.

Zerg Mans
Oct 19, 2006

pissinthewind posted:

Can someone break down this independent state legislature thing for a moron like me? Is it a states rights thing?

It gives state legislatures the only say in how to administer elections. For example, in Wisconsin, the GOP enjoys a supermajority with a 40% vote share. They can then do things like put 1 polling place in Milwaukee and there will be no legal recourse. Also, they can just select their own presidential electors which seems bad!

Chris James 2
Aug 9, 2012


Feels weird not having a terrible ruling to look forward to half an hour from now for once

gradenko_2000
Oct 5, 2010

HELL SERPENT
Lipstick Apathy
https://twitter.com/incognitofinito/status/1542606859739303943

Some Guy TT
Aug 30, 2011

https://mobile.twitter.com/politico/status/1542569323390189568

Tom Smykowski
Jan 27, 2005

What the hell is wrong with you people?

Clarence Thomas claimed in an opinion that salami is derived from the cells of “aborted children.”

Archduke Frantz Fanon
Sep 7, 2004

pissinthewind posted:

Can someone break down this independent state legislature thing for a moron like me? Is it a states rights thing?

a bunch of states did things like "vote" for their "state constitutions" to put limits on their legislatures loving around with federal elections, things like redistricting committees and where polling places go

since that is inconvenient for poo poo thats going down in Wisconsin and nc this theory says that no, state legislatures cannot be bound by any laws sorry its in the constitution they can do whatever they want state constitutions are mearly suggestions when it comes to federal elections


it doesn't make sense because its more legal calvinball

Horseshoe theory
Mar 7, 2005

Archduke Frantz Fanon posted:

a bunch of states did things like "vote" for their "state constitutions" to put limits on their legislatures loving around with federal elections, things like redistricting committees and where polling places go

since that is inconvenient for poo poo thats going down in Wisconsin and nc this theory says that no, state legislatures cannot be bound by any laws sorry its in the constitution they can do whatever they want state constitutions are mearly suggestions when it comes to federal elections


it doesn't make sense because its more legal calvinball

It also doesn't make sense because state constitutions create state legislatures, so it's basically saying "You are unbound from the source of your power - go free and do whatever!"

Shear Modulus
Jun 9, 2010



the guy on twitter links this explanation which is pretty understandable:

https://twitter.com/lib_crusher/status/1542523890370367490

the general idea is that the constitution says that the state legislatures can decide on the technical details for running federal elections in their jurisdiction, subject to limitations by congress. the "theory" here is in an insane literal reading of that phrase which says that this means legislatures can do whatever they want, even if it is forbidden by their state constitution. so for example, the arizona legislature indeed could have thrown out all the biden electors and sent a bunch of trump electors, with the legal justification being "gently caress you thats why."

this arrives at a key point, which is that the conservatives' "originalism" crap is all bullshit and involves batshit interpretations and re-definitions of specific instances of specific words in laws. so, for example, as i think the linked article says, in this sentence "legislature" literally means only the legislature, while every other instance of the word "legislature" in the constitution means the legislature and the rest of the government as implementing laws passed by the legislature. or, that even though the second amendment is ironclad, the phrase "a well regulated militia, being necessary for the protection..." is all window dressing and doesn't mean anything.

the liberals take the conservatives at their word that they're not arguing in bad faith because they're either mouth-breathing morons or complicit, take your pick

christmas boots
Oct 15, 2012

To these sing-alongs 🎤of siren 🧜🏻‍♀️songs
To oohs😮 to ahhs😱 to 👏big👏applause👏
With all of my 😡anger I scream🤬 and shout📢
🇺🇸America🦅, I love you 🥰but you're freaking 💦me 😳out
Biscuit Hider

the founders clearly wrote “little a” which in now way suggest “a little”

HashtagGirlboss
Jan 4, 2005

No man is free until all cats can have little a salami

mags
May 30, 2008

I am a congenital optimist.

Tom Smykowski posted:

Clarence Thomas claimed in an opinion that salami is derived from the cells of “aborted children.”

drat i love salami now

Justin Tyme
Feb 22, 2011


christmas boots posted:

the founders clearly wrote “little a” which in now way suggest “a little”

Interpreting the constitution like its late 2000's browser game erepublik trying to find even the slightest excuse in the latest treaty to declare war on sweden

Noob Saibot
Jan 29, 2020

by Fluffdaddy

I don’t understand the point of a Supreme Court (or laws) if everyone is just going to ignore them and interpret them Willy Nilly

What kind of Mickey Mouse country is this?

HashtagGirlboss
Jan 4, 2005

Noob Saibot posted:

I don’t understand the point of a Supreme Court (or laws) if everyone is just going to ignore them and interpret them Willy Nilly

What kind of Mickey Mouse country is this?

The law isn’t real, backwards boon. The constitution is vaguely worded and it’s possible to argue all kinds of things.

gradenko_2000
Oct 5, 2010

HELL SERPENT
Lipstick Apathy
https://twitter.com/James_Hancockkk/status/1542336266221588481?t=3Cmhx1-M2ovu3ym3sZW1Lw&s=19

sum
Nov 15, 2010

captainbananas posted:

bad for them how? what's going to get in their way at this point? just make brunch the last thing you outlaw and there will be no opposition with any material means behind it

The opposition will have enormous material means behind it. It's just that for the last 40 odd years "opposition" to the Republicans has been managed by a Democratic party who was in tacit agreement with everything that actually mattered (yes to capitalism, yes to lobotomizing the federal government, no to labor power) and which could skillfully misdirect all public anger over declining living standards towards pointless culture war issues or into token reforms. Making it essentially illegal for Democrats to win elections will mean all that anger and political energy will have no legitimate outlet, and no one could believe, left or right, that the country's problems will be fixed by voting. This is a situation that could undo the entire constitutional order! I just can't fathom why they would basically bet the farm to try and win the fake culture war fairground prize.

zetamind2000
Nov 6, 2007

I'm an alien.

https://twitter.com/jaywillis/status/1542545371808792576

Animal-Mother
Feb 14, 2012

RABBIT RABBIT
RABBIT RABBIT
Lmao wait a minute judicial review only exists because the court made it up lmao

shyduck
Oct 3, 2003


the whole thing is just bullshit

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Animal-Mother posted:

Lmao wait a minute judicial review only exists because the court made it up lmao

From what I understand, lots of countries don't have it.

We're suffering from the effects of the political establishment's decision like 200 loving years ago not to make a big fuss about a huge power grab.

Shear Modulus
Jun 9, 2010



Animal-Mother posted:

Lmao wait a minute judicial review only exists because the court made it up lmao

yes

PostNouveau posted:

From what I understand, lots of countries don't have it.

We're suffering from the effects of the political establishment's decision like 200 loving years ago not to make a big fuss about a huge power grab.

in fact, lots of other countries don't even have electoral colleges, they do this crazy thing where the person with the most votes wins

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Shear Modulus posted:

yes

in fact, lots of other countries don't even have electoral colleges, they do this crazy thing where the person with the most votes wins

Sounds like communism to me

Zurtilik
Oct 23, 2015

The Biggest Brain in Guardia

Animal-Mother posted:

Lmao wait a minute judicial review only exists because the court made it up lmao

Marbury v. Madison. Babbbyyyy!

StashAugustine
Mar 24, 2013

Do not trust in hope- it will betray you! Only faith and hatred sustain.


Antebellum South Carolina had exactly one branch of the enitire state government popularly elected (i forget if it was governor or lower house) along with stringent property restrictions, and not even they were this insane

One More Fat Nerd
Apr 13, 2007

Mama’s Lil’ Louie

Nap Ghost

sum posted:

The opposition will have enormous material means behind it. It's just that for the last 40 odd years "opposition" to the Republicans has been managed by a Democratic party who was in tacit agreement with everything that actually mattered (yes to capitalism, yes to lobotomizing the federal government, no to labor power) and which could skillfully misdirect all public anger over declining living standards towards pointless culture war issues or into token reforms. Making it essentially illegal for Democrats to win elections will mean all that anger and political energy will have no legitimate outlet, and no one could believe, left or right, that the country's problems will be fixed by voting. This is a situation that could undo the entire constitutional order! I just can't fathom why they would basically bet the farm to try and win the fake culture war fairground prize.

This is why I kinda doubt they'll actually do the independent legislature thing.

If they do I can only see two reasons:

1) Genuinely stupid overreach (very possible with fascists, especially ones that think they have a divine mandate)

2) Full on "fire sale" mentality.

Atrocious Joe
Sep 2, 2011

Shear Modulus posted:

yes

in fact, lots of other countries don't even have electoral colleges, they do this crazy thing where the person with the most votes wins

The US is a republic, not a democracy. Democracy means the majority can oppress whatever minority they want with no restriction.

Butter Activities
May 4, 2018

drat those founding fathers were so wise

Presto
Nov 22, 2002

Keep calm and Harry on.

Atrocious Joe posted:

The US is a republic, not a democracy. Democracy means the majority can oppress whatever minority they want with no restriction.

And if course here it's the other way around.

Real hurthling!
Sep 11, 2001




SMEGMA_MAIL posted:

drat those founding fathers were so wise

they looked back and copied the most broken governmental system in world history cause they saw the insanely stupid and bloody nonsense of the roman republic provided nearly 5 centuries of minority rule over a slave society and all the bullshit and disfunction was a feature not a bug.

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!

Real hurthling! posted:

they looked back and copied the most broken governmental system in world history cause they saw the insanely stupid and bloody nonsense of the roman republic provided nearly 5 centuries of minority rule over a slave society and all the bullshit and disfunction was a feature not a bug.
But they optimized it to burn down in 2.5 centuries! Best government, best party, best leaders having the best phone calls ever. "The light that burns twice as bright &c"

Ardennes
May 12, 2002

Real hurthling! posted:

they looked back and copied the most broken governmental system in world history cause they saw the insanely stupid and bloody nonsense of the roman republic provided nearly 5 centuries of minority rule over a slave society and all the bullshit and disfunction was a feature not a bug.

At least there was a Tribune of the Plebs...

Real hurthling!
Sep 11, 2001




Ardennes posted:

At least there was a Tribune of the Plebs...

yeah that was too radical so we let the drat consul have the veto

forkboy84
Jun 13, 2012

Corgis love bread. And Puro


Zurtilik posted:

Marbury v. Madison. Babbbyyyy!

It's fun reading about the huge conflict of interest that Marshall had while still deciding to preside over the case because he really wanted to establish precedent for judicial review.

One More Fat Nerd
Apr 13, 2007

Mama’s Lil’ Louie

Nap Ghost

PhantomOfTheCopier posted:

But they optimized it to burn down in 2.5 centuries! Best government, best party, best leaders having the best phone calls ever. "The light that burns twice as bright &c"

Tbf the Romans totally wouldn't have made it 5 centuries if they had the internet.

Atrocious Joe
Sep 2, 2011

Real hurthling! posted:

they looked back and copied the most broken governmental system in world history cause they saw the insanely stupid and bloody nonsense of the roman republic provided nearly 5 centuries of minority rule over a slave society and all the bullshit and disfunction was a feature not a bug.

I haven't looked all that deeply, but it's sort of hard to find anyone stating the obvious that the whole Roman aesthetic was slavers cosplaying an older slave society. Losurdo might, but he's still mostly on my "too read" list.

The 1619 Project was the closest we got in the mainstream, but they were still liberal and too invested in American exceptionalism to state the obvious fact that

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Oglethorpe
Aug 8, 2005

One More Fat Nerd posted:

Tbf the Romans totally wouldn't have made it 5 centuries if they had the internet.

they'd have made dickbutt a god in their pantheon

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