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Liberals are horrified that the Supreme Court might enforce this article of the constitution...

The GOP had the Senate when Harry Reid took the nuclear option to judicial nominees? I’m shocked! The GOP had the Senate when Obama was trying to get RBG to retire in 2013 knowing that midterms were around the corner? I’m shocked again! 😊
 
The GOP had the Senate when Harry Reid took the nuclear option to judicial nominees? I’m shocked! The GOP had the Senate when Obama was trying to get RBG to retire in 2013 knowing that midterms were around the corner? I’m shocked again! 😊

Now I get what you were trying to say.

Although, Reid didn’t apply the nuclear option to the Supreme Court - the GOP did.

And what could the Dems do about RBG? She was asked to retire. She didn’t.
 
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Now I get what you were trying to say.

Although, Reid didn’t apply the nuclear option to the Supreme Court - the GOP did.

And what could the Dems do about RBG? She was asked to retire. She didn’t.
Reid set it up for McConnell, you are right. If we had a filibuster for judicial nominees then theoretically only moderate candidates from each side would be appointed to the Supreme Court, unless one side had a heavy majority.
 
Here's an actual analysis by one of the best conservative legal minds out there if anyone is interested in the real arguments, and how it's complete bullshit if they enact this theory - which is like the major question theory they pulled out to contradict Congress' express language allowing EPA to manage emissions - you know, textualists schmextualists.

The crazy part would be no federal courts could weigh in on federal elections, no state courts, and only state legislatures, which because of gerrymandering - something the Roberts court said can't be addressed by federal courts -- can’t be remedied by the electoral process.

This makes sense to me.
 
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Pretty sure the concept of checks and balances is firmly engrained in the constitution. The idea that one branch of government is superior to the other two would completely destabilize this.

None of the 13 colonies trusted each other, and none of them wanted a federal government telling them what to do. During the negotiations on forming a republic, the founders determined that states would control the voting process within their own states. It's really not that hard to understand.
 
None of the 13 colonies trusted each other, and none of them wanted a federal government telling them what to do. During the negotiations on forming a republic, the founders determined that states would control the voting process within their own states. It's really not that hard to understand.
Do you know what everyone else is talking about?
 
None of the 13 colonies trusted each other, and none of them wanted a federal government telling them what to do. During the negotiations on forming a republic, the founders determined that states would control the voting process within their own states. It's really not that hard to understand.

Duh. But that’s not what the independent state legislature theory is. It says the state legislature is superior to either the state executive or state judiciary. If that’s true, then that pretty much means a legislature can’t be checked by either branch. In this case, that the judiciary can rule something done by the legislature is unconstitutional. It has nothing to do with federal government in this case.
 
No point with even bothering to have an election if the legislature can choose whoever they want regardless of the vote. GOP hates American democracy.

If the people don't like what the legislature is doing, they'll vote them out.

You have to realize that the founders also wanted a lot of bulwarks against democracy. The founders realized that the average voter is a moron, which is why they tried so hard to create a representative democracy instead of direct democracy.

And you see that constraint over and over again in the constitution.
 
If the people don't like what the legislature is doing, they'll vote them out.

You have to realize that the founders also wanted a lot of bulwarks against democracy. The founders realized that the average voter is a moron, which is why they tried so hard to create a representative democracy instead of direct democracy.

And you see that constraint over and over again in the constitution.
Just stop.
 
If the people don't like what the legislature is doing, they'll vote them out.

You have to realize that the founders also wanted a lot of bulwarks against democracy. The founders realized that the average voter is a moron, which is why they tried so hard to create a representative democracy instead of direct democracy.

And you see that constraint over and over again in the constitution.
Yeah. You don’t get it. Voting out Republicans won’t be allowed to happen. Try and keep up.
 
If the people don't like what the legislature is doing, they'll vote them out.

You have to realize that the founders also wanted a lot of bulwarks against democracy. The founders realized that the average voter is a moron, which is why they tried so hard to create a representative democracy instead of direct democracy.

And you see that constraint over and over again in the constitution.
And for some reason you fail to see that the independent state legislature theory, which again, is ONLY. A THEORY, and has never been agreed to be valid by ANY court.

this isn’t about the separation of powers between federal and state governments. This theory says that the state legislature is more powerful than either of the other two branches, which is definitely NOT what was intended by the founding fathers
 
I just read an article in Raw Story about this topic. It’s basically saying it’s probable this all is going to happen. Biden will win the popular vote and electoral count. Then some swing states, beginning with Georgia, will not give Biden the electoral college vote. Instead they go to DeSantis. DeSantis steals presidency.

When the protests start, right wing militias come out armed, and do what they have been planning or training - gun down libs. DeSantis stops all Presidential elections. That’s the end of the country we’ve known. 2 years and it’s over. Authoritarian, radical Christian rule. I feel sick.
 
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