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Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

Dameius posted:

A convention at this point is more likely to end in civil war than a functional governing document.

The question is, is that less likely than the current order?

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Dameius
Apr 3, 2006

VitalSigns posted:

An ALEC authored Constitution brought to you by Subway Eat Fresh® would be ratified easily because every Republican state would vote for it and you'd only have to bribe a few Democratic legislators in divided state governments to join them.

The price of a steak dinner would be a more than adequate bribe so they could probably get it ratified by 38 states at a total cost of like $850

It's really just a Choose Your Own Pessimism™ Adventure at this point. Same with every new 6-3 that comes out.

e:

Fuschia tude posted:

The question is, is that less likely than the current order?

Honestly I don't see a way through to the other side without some amount pain. The time for neat and tidy solutions and course corrections long since set sail.

That said, I think the fulcrum of history will be at where the Boomers (and associated Silent and older Xers) get out numbered in seats of power by Millennial and Zoomer politicians. Not to say that this is inherently a generational war, but that's just how the current power structures have built their bases of support.

Dameius fucked around with this message at 21:01 on Jan 14, 2022

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Dameius posted:

That said, I think the fulcrum of history will be at where the Boomers (and associated Silent and older Xers) get out numbered in seats of power by Millennial and Zoomer politicians. Not to say that this is inherently a generational war, but that's just how the current power structures have built their bases of support.
We're a long way off from that, and there's also no guarantee that they will end up being much better than what we have now as a whole.

Re: Constitutional conventions, Chile is currently rewriting their Pinochet-era Constitution to make it more progressive under their newly elected socialist President

As was already discussed, if we were to have another Convention, it would almost certainly be on the terms of conservatives and would likely throw out things like birthright citizenship and direct election of Senators, at the minimum.

F_Shit_Fitzgerald
Feb 2, 2017



It's like being stuck in a death cult: keep the outdated, 250 year old document written by wealthy white landowning men, or scrap it and get god-knows-what from the blood gargling fascists.

Spacebump
Dec 24, 2003

Dallas Mavericks: Generations
Just going to drop this here.
https://twitter.com/jeffreytoobin/status/1483197268828295170?s=21

I AM GRANDO
Aug 20, 2006

He’s just toobin’

nine-gear crow
Aug 10, 2013

Nominating Harris would be a loving hilarious way to get her out of the Veep office and off the '24 ticket without having to awkwardly kick her out by force. Biden would kill a whole flock of birds with one stone.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
He'd even get to drag the court further to the right. Sharply, in the cast of expanding police state powers.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
He wouldn't be able to get a replacement vp nominee past the senate

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Hieronymous Alloy posted:

He wouldn't be able to get a replacement vp nominee past the senate

VP replacement is confirmed by simple majority of both houses thanks to the 25th.

haveblue
Aug 15, 2005



Toilet Rascal
Sinema and Manchin will insist on a 60-vote threshold

vyelkin
Jan 2, 2011

Mr. Nice! posted:

VP replacement is confirmed by simple majority of both houses thanks to the 25th.

With no sitting VP, who would break a 50-50 tie to appoint a new VP?

Grevlek
Jan 11, 2004

Hieronymous Alloy posted:

He wouldn't be able to get a replacement vp nominee past the senate

You win some you lose some

Flappy Bert
Dec 11, 2011

I have seen the light, and it is a string


vyelkin posted:

With no sitting VP, who would break a 50-50 tie to appoint a new VP?

The OLC seems to believe that nobody gets this power without a sitting VP. There's distant precedent for the presiding officer (in this case the pro tem) voting as their elected office and as their parliamentary office, but evidently that died out after the late 1700s.

https://www.justice.gov/file/23736/download

quote:

The Twenty-Fifth Amendment does not require a Vice President to relinquish the office of Vice President when he becomes Acting President because of a temporary Presidential disability; in fact, the Amendment and its legislative history clearly contemplate that the Vice President will continue to serve as Vice President during and subsequent to the Presidential disability. See 1965 House Hearings at 87; S. Rep. No. 1382, 88th Cong., 2d Sess. 11-12 (1964). The Vice President would, however, lose his title as President of the Senate. See 111 Cong. Rec. 3270 (remarks of Sen. Saltonstall); J. Ferrick, The Twenty Fifth Amendment 199 (1965).

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

vyelkin posted:

With no sitting VP, who would break a 50-50 tie to appoint a new VP?

Wouldn't the GOP want almost anyone in the slot rather than leaving Pelosi next in line to the presidency?

Sydin
Oct 29, 2011

Another spring commute

Fuschia tude posted:

Wouldn't the GOP want almost anyone in the slot rather than leaving Pelosi next in line to the presidency?

Nah I'm sure they'd loving love for circumstances to contrive for Pelosi to end up in the WH. She wouldn't be willing or able to get anything more done than Biden has been and the GOP has been whipping their base into a frenzy about evil socialist progressive communist Pelosi for years so power landing in her lap would incite GOP voters something fierce.

VitalSigns
Sep 3, 2011

Fuschia tude posted:

Wouldn't the GOP want almost anyone in the slot rather than leaving Pelosi next in line to the presidency?

Considering they're favored to take the House in November, probably not

jeeves
May 27, 2001

Deranged Psychopathic
Butler Extraordinaire

Evil Fluffy posted:

He'd even get to drag the court further to the right. Sharply, in the cast of expanding police state powers.

There is no way the court will ever be even the slightest anti-cop anymore. Might as well temper with a democratic pick that whatever homunculus of minority hate the republicans will make out of clay of pro-blue stripes.

I wonder what will be the even worse pick than AC[A]B? Beerboy seemed like the worst pick after Gorsch and yet somehow Handmaid Diary Cosplayer was exponentially worse?

I AM GRANDO
Aug 20, 2006

The trend is definitely toward young and compliant rather than experienced and opinionated, even if the opinions are of the Thomas and Scalia variety. They’re meant to be a rubber stamp and not thought leaders.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Have we discussed how much of a dick Gorsuch is

https://twitter.com/cnbc/status/1483468495778103296?s=21

Sotomayor has diabetes and is worried about getting Covid, so she is having to do arguments remote because Gorsuch won’t wear a drat mask

Grip it and rip it
Apr 28, 2020
Bitchboy Roberts has lost control of the court, who could have guessed?

Groovelord Neato
Dec 6, 2014


https://twitter.com/edsbs/status/1484180834257092608?s=20

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

I'd be so very happy if his wife shows up in Jan 6 convos and was found to have directly assisted in those efforts. Not that anything would happen to her or her husband, but it'd at least serve as another reminder at how much of a farce our legal system and government are.

Groovelord Neato
Dec 6, 2014


https://twitter.com/lib_crusher/status/1484230562118189058?s=20

It's tough to be a more obnoxious writer than Scalia but this guy manages it.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Groovelord Neato posted:

https://twitter.com/lib_crusher/status/1484230562118189058?s=20

It's tough to be a more obnoxious writer than Scalia but this guy manages it.

He's definitionally more qualified to be a judge than his critics are.

Because the only qualification to be a judge that matters is "have enough friends who are Senators."

If that seems horrible and wrong? Doesn't matter, you aren't the judge, he is.

hobbesmaster
Jan 28, 2008

Groovelord Neato posted:

https://twitter.com/lib_crusher/status/1484230562118189058?s=20

It's tough to be a more obnoxious writer than Scalia but this guy manages it.

We should encourage more judges to write “this standard is stupid and useless” opinions imo. Maybe it’ll get better standards, one way or the other enacted.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

hobbesmaster posted:

We should encourage more judges to write “this standard is stupid and useless” opinions imo. Maybe it’ll get better standards, one way or the other enacted.

Yeah I have a certain amount of sympathy for the approach, it's how lawyers actually talk, it's just unprofessional in an appellate opinion and coming from the idiot side of the aisle.

We.all laugh at My Cousin Vinny but "everything that guy just said is bullshit" isn't funny when it's the judge saying it and the judge is twenty five years old and got the job because his dad was a senator.

Groovelord Neato
Dec 6, 2014


Hieronymous Alloy posted:

Yeah I have a certain amount of sympathy for the approach, it's how lawyers actually talk, it's just unprofessional in an appellate opinion and coming from the idiot side of the aisle.

We.all laugh at My Cousin Vinny but "everything that guy just said is bullshit" isn't funny when it's the judge saying it and the judge is twenty five years old and got the job because his dad was a senator.

He's also the guy that fake cried during his confirmation hearing when the ABA's interviews found he was an arrogant prick who wouldn't be fair to LGBTQ people was brought up. Don't get to write smugly if you pulled that one in public.

https://twitter.com/mjs_DC/status/1484525499296763906?s=20

SA-Anon
Sep 15, 2019
With things the way they are at the present time, I do not see any good way to enact the changes necessary to ensure votings rights and human rights are maintained across all 50 states, as well as the territories.

Literally one or all of the following is going to happen if things continue to go down this path:
-Civil and human rights will continue to be further eroded, while white fundamentalist Christians forcibly impose their will on the majority of the population.
-The GOP instigates a civil war.
-The GOP forces a Constitutional Congress which results in an even worse existing outcome in the short term for the bulk of the population.

This is going to sound... a bit crazy...
As a strategy... how bad would it be if a Democratic senator were to introduce an Constitutional amendment to allow for states to secede?

Should a Democratic Senator propose a constitutional amendment for state secession...

Pros:
-May get enough republican support to pass
-May actually cause some Republican Senators to be voted out of office (if they do not support it).
-May have enough Republican states leave (or Republican senators removed) to allow for improvements to be made to the existing Federal government for the states or territories which remain.
-Democratic states can choose to also leave, form their own new regional blocks, or join with an existing nation state.
-Avoids outright risks of a civil war in the short term.
-Significantly reduces influence of the Oil & Gas and Military Industrial Complex immediately.
-In the last 50-80 years it seems that medium sized nations are better run and better organized then their larger geographical counterparts.


Cons:
-Market crash
-Significant immediate change to overseas military bases, existing military assets, state/nation state status.
-Still does not completely remove the possibility of war amongst the states, but it would remove the risk for now...
-Possible land grabbing by opportunistic nation states


The GOP has spent decades arranging their cards and... I hate to say it but they've basically "won" for the short term. However it is not outright or complete victory yet (except for the 6-3 Supreme court AND packed federal judiciary AND state houses and legislatures and elections which are all HUGE issues), but they have gummed up the works enough to prevent them from all but being forcibly stopped. Which would be disastrous.

We are literally by the precipice, and we do not have the 2/3 majority that WE NEED.

It seems better to me to just change the situation entirely before the GOP really twists the screws on a huge swath of the U.S. population.

Better for the states to break up into regional blocks with similar interests, for now...

-Pacific West
-Mountain West
-South West
-TEXAS
-Gulf Coast
-FLORIDA
-Northern Alliance
-Grain Belt
-South Atlantic
-Mid Atlantic
-North East
-Greater Applachia
-Mississippi Basin
-Hawaii, and various territories can pursue their own indepdendent sovreignty
-ALASKA (or possibly join Canada or Russia)

**Edit

I have though about this for a while now.

GOP wins in the long drawn out slog they have created. Due to voter supression.

GOP wins if immediate political violence errupts. They are much more willing to use violence to achieve their means. The other side of the aisle does not have the...mental illness or thirst for violence like the GOP-fringes (now mainline GOP) do.

GOP wins if continental congress occurs.

SA-Anon fucked around with this message at 02:01 on Jan 23, 2022

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Allowing for secession would at best result in balkanization of North America and almost guarantee multiple wars. Especially between states with arguments over resources and especially water rights. Then you'd have the third world country red states who'd devolve in to various dictatorships and engage in ethnic cleansing the likes of which the world hasn't since since the US targeted minorities (natives) in North America.

Evil Fluffy fucked around with this message at 02:24 on Jan 23, 2022

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER
We're on a recent downward trend, there's no denying that, but it's important to remember that things were comparatively much worse for democracy and voting rights in the actual Jim Crow era. Somehow we got out of that without a second civil war.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



A wisconsin judge has temporarily halted almost a dozen healthcare workers from starting new jobs next week. All of the RNs and diagnostic staff got job offers after applying for open positions elsewhere and the hospital refused to match. Despite the fact that they were at will employees, their original hospital sued saying they shouldn’t be able to start at the new place until replacements are found. The judge ruled in the employer’s favor in the short term and these nurses and diagnosticians are forcibly unemployed.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Mr. Nice! posted:

A wisconsin judge has temporarily halted almost a dozen healthcare workers from starting new jobs next week. All of the RNs and diagnostic staff got job offers after applying for open positions elsewhere and the hospital refused to match. Despite the fact that they were at will employees, their original hospital sued saying they shouldn’t be able to start at the new place until replacements are found. The judge ruled in the employer’s favor in the short term and these nurses and diagnosticians are forcibly unemployed.
I don’t understand how this is remotely legal

Hopefully it gets removed on appeal

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead
Every time balkanization along party lines gets discussed, everyone seems to forget that the division isn't red states and blue states, it's red areas and blue areas. Wyoming is 25% blue and California is 30% red. At best, you get the Indian Partition except more complicated and with less clear delineations. This is not a good outcome.

hobbesmaster
Jan 28, 2008

FlamingLiberal posted:

I don’t understand how this is remotely legal

Hopefully it gets removed on appeal

And how many pay periods will that take?

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



hobbesmaster posted:

And how many pay periods will that take?
Who knows. I would assume that they file an emergency motion with the appellate court.

shimmy shimmy
Nov 13, 2020

quote:

Outagamie County Circuit Court Judge Mark McGinnis granted ThedaCare's request and held an initial hearing Friday morning. The case will get a longer hearing at 10 a.m. Monday.

McGinnis told lawyers for both health systems they should try to work out a temporary agreement by the end of the day Friday about the employees' status until Monday's hearing.

Otherwise, he said, the order prohibiting them from going to work at Ascension would be final until a further ruling was made. That means the seven health care workers would not be working at either hospital on Monday.

"To me, that is a poor result for everyone involved," McGinnis said.

Full story here. The situation seems pretty insane to me.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

FlamingLiberal posted:

I don’t understand how this is remotely legal

Hopefully it gets removed on appeal

It's not legal but when has that ever stopped a judge when they know they have absolute immunity from legal repercussions for rulings like these? It does further underscore just how laughably corrupt and worthless the judiciary is and that it's not just the SCOTUS.

It'd be nice if the governor put out a statement to the effect of "gently caress that judge, show up for work and if he tries to punish you I'll immediately pardon you for ignoring their ruling." But that'd take a political will to call out the judiciary and that will simply doesn't exist because everyone would rather kick the can down the road again and again.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



It's Wisconsin, where the governor is a Dem but basically everything he's tried to do has been hamstrung by either the state courts or the state legislature

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Stickman
Feb 1, 2004

Mr. Nice! posted:

A wisconsin judge has temporarily halted almost a dozen healthcare workers from starting new jobs next week. All of the RNs and diagnostic staff got job offers after applying for open positions elsewhere and the hospital refused to match. Despite the fact that they were at will employees, their original hospital sued saying they shouldn’t be able to start at the new place until replacements are found. The judge ruled in the employer’s favor in the short term and these nurses and diagnosticians are forcibly unemployed.

Report on Truancy Court Determines Judge McGinnis’ Behavior as Abusive:

quote:

An Outagamie county judge is under fire for mishandling and abusing truancy court.
...
According to him it was clear that one judge consistently was abusive in language and punishment and has suggestions for the district moving forward.

Former students, current students and their parents called to an end to truancy court which they say has wreaked havoc on their lives.
...
Retired Madison attorney Duane McCreary was hired to investigate and sit in on truancy court under judge Mark McGinnis.

He listed his grievances which included calling students names like stupid, talking down to parents and attorneys, sending students to shelter care without notifying their parents and giving students excessive amounts of community service hours.

Real loving peach.

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