General Discussion
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(10,999 posts)I'm afraid we're going to be seeing a whole heap of "guardrails" discarded into the growing pile.
demodonkey
(3,312 posts)Laurence Tribe taught the Constitutional Law professor who taught ME in law school. She was smart. And he is wicked smart.
LISTEN TO HIM; he knows the checks and balances and backdoors and possible backdoors in our constitution better than pretty much anyone alive. Unless society completely breaks down into anarchy, a lot of guardrails are still in place and they are going to hold. One is states' rights. If you are in a blue state, make sure it stays blue. If you're in a red state, do your best to turn it blue or at least purple.
GoreWon2000
(1,103 posts)we wouldn't now be staring down a Trump dictatorship. But no, the Rehnquist 5 abandoned their long held "states rights" view in 2000 to disenfranchise we the people by stopping the legal Florida vote count and install their personally preferred Presidential candidate.
BumRushDaShow
(145,101 posts)It DID hold in 2000.
Bottom line - "FL" (Jeb Bush and Katherine Harris, dictatorially representing the state of FL) wanted the counting stopped and the SCOTUS obliged (including shunting the FL Supreme Court aside).
GoreWon2000
(1,103 posts)The Florida Supreme Court followed Florida election law to the letter and ordered that the uncounted votes be counted. That's when W went running to the repug controlled SCOTUS. The SCOTUS invented an authority with their judicial coup d'état that the U.S. constitution did not give the SCOTUS in order to stop the legal Florida vote count. The authority to settle a disputed Presidential election is given to the U.S. House of Representatives. Both Jeb and Harris violated Florida election law at every turn in order to thwart the will of the people of Florida and they should've been prosecuted for it. I know this because 15 of my 24 years working on dem election campaigns were spent in Florida.
BumRushDaShow
(145,101 posts)which is why I said "Jeb Bush and Katherine Harris, dictatorially representing the state of FL".
Jeb was in there to make sure his brother got in.
GoreWon2000
(1,103 posts)by shredding Florida election law, federal election law and the U.S. constitution. Had the Rehnquist 5 agreed with the Florida Supreme court ruling, the votes would've been counted as Florida election law required. Again, the Rehnquist 5 abandoned their "state's rights" view to stop the Florida vote count and install W against the will of the people. It still took the Rehnquist 5 to rubberstamp the anti-democracy behavior of Jeb and Harris in order to carry out the coup because the Florida Supreme court had clearly ruled against them.
BumRushDaShow
(145,101 posts)Like I said, Bush and Harris became "the state" and to hell with anything else!
GoreWon2000
(1,103 posts)working on dem election campaigns. The SCOTUS oral arguments proved to me that they were cluelss about Florida election law and were determined to install W which is what they did.
BumRushDaShow
(145,101 posts)by your account name (there is a long-time DUer with the same sentiment and similar account name - "Gore1FL" ) and I get it.
The only one good thing to come out of that fiasco was passage of the "Help America Vote Act" to ditch the hanging chad nonsense, require a paper trail and provisional ballots, and a many other things. My hope was that we could get a Congress to pass the "The For the People Act" to get rid of a lot of other loopholes and reign in Citizen's United. But alas.
GoreWon2000
(1,103 posts)The uncounted Florida ballots did show the voter's intent which Florida law required be counted. The Miami Herald in its post election book "Democracy held hostage" showed a picture of a dimpled chad ballot and they admitted that the voter intent was clear. The punch card voting machines in heavily democratic voting Miami-Dade, Broward and Palm Beach counties had not been cleaned out after previous elections which plugged up the punch card machines making it impossible for voters to punch all the way threw their ballots.
BumRushDaShow
(145,101 posts)And THAT is why that system was gotten rid of in HAVA and new standards were put in place. And even in those succeeding 20+ years, the standards need further updates as the tech changes and improves. Right now there are potential issues of chain of custody when data is being saved on USB sticks (I'm assuming with an "Ironkey" type encryption). At some point in the distant future, it will probably all be done "online".
GoreWon2000
(1,103 posts)Miami-Dade county elections supervisor David Leahy was given immunity from prosecution to publicly admit that the Miami Dade punch card voting machines had not been cleaned out since after the 1992 election. The resulting chad build up was enormous. Despite that, the voters did make their intentions clear. Florida law required such votes to be counted.
wnylib
(25,015 posts)when a dictator discards the constitution and has the military behind him?
Cha
(306,124 posts)"Safe Proof .. TSF Proof their States"
" Our Nation's History is filled with Resistance to Tyranny!"
Magoo48
(5,613 posts)Blaming us and them now is as useless, and perhaps as detrimental, as a circular firing squad. Pissing and moaning dont plow the row.
Hope and faith, without works, are dead. Without works, its all horseshit and gunsmoke. All ranchspeak aside.
The great thing about resistance is, there is an action just made for every one of our personalities and preferences.
brakester
(169 posts)BUT, since then, I am bound and determined to fight this mauve monster to the end. Laurence has the kind of deep experience knowledge, compassion and, a titanium spine. I'm walking away from anyone who says, "It's over. It's too dangerous to fight." Or, I'm too _______ (fill in the blank) to fight.
BComplex
(9,180 posts)and we need to start screaming for forensic audits of, not only the ballots, but the voting machine programming. The media kept pushing these polls that the right wing was paying for (which was detailed here on DU, but I don't think I bookmarked them for reference...help here would be appreciated!) that said this election was "so close". But the true in-depth poll taken by what's-her-name Sherry something in Iowa, showed how much was left out of the other right wing polls.
I'm TOTALLY not buying that 10 MILLION women who previously voted for Biden stayed home. Nuh uh. Did. Not. Happen. But only a truly forensic audit would reveal just how awful the republican machine, financed by those who want to turn us into a crypto currency third world nation, FUCKED WITH OUR VOTES.
Quixote1818
(30,446 posts)angrychair
(9,950 posts)...
Efilroft Sul
(3,795 posts)Now, when I hear how the Resistance will ignite, I think of ovens. Very large ovens full of dead Resisters.
KS Toronado
(19,916 posts)one thing Laurence did not touch on as far as TSF going after his political enemies,
is all the House & Senate investigations Rs will start.
johnnyfins
(1,532 posts)TSF HAS IMMUNITY. Did you hear that?
There is NO check on him.
You can and will be arrested and thrown in a jail cell. You certainly could be shot for protesting.
All I'm saying is know what you're up against.
kimbutgar
(23,781 posts)The immunity was for when he was in the White House. So President Biden can do whatever he wants because hes got immunity !
NJCher
(38,414 posts)under certain conditions. Re-read the decision or at least some articles about it.
And frankly, he is too stupid and brash to observe the conditions of the gift the SC gave him.
uponit7771
(92,119 posts)... is coming vs we know what they bring.
Sit in cash, its about to get rough