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If they hit 38... what colour do you want?


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RE: If they hit 38... what colour do you want? - 12/19/2016 2:58:32 AM   
bounty44


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interesting stuff---ive got a couple of nice history books that i'll have to take a peek in...

(in reply to BamaD)
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RE: If they hit 38... what colour do you want? - 12/19/2016 4:08:32 AM   
bounty44


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"Salon: The Electoral College Is Racist, But They Should Stand Up Against Donald Trump"

[raaaaaaaaaaaacissssssssssm!]

quote:

The left wing publication Salon is now hoping the Electoral College blocks President-elect Donald Trump from officially winning the presidency tomorrow, this time by stating (again) how the system is racist. Oh, and how Trump is the avatar of white supremacy:

quote:

History often comes full circle. It can be darkly ironic as well. The Electoral College, an institution that helped to protect the white supremacist ignominy of black chattel slavery could now become the instrument used to stop Donald Trump, the avatar of contemporary white racism.

Politics and history are messy and complicated. Many people prefer simple stories about America’s past and present. In the flat version of history, the Electoral College was created in the 18th century by the Framers as a council of elders who would serve as a check on the passions of the public, because they understood how such feelings could all too easily sweep through a democracy like a forest fire if left unchecked.

In reality, the Electoral College was part of a larger compromise that tried to balance the economic interests of different regions as well as the competing desires of various elites. That compromise created a hybrid federal system of government that gave equal representation to each state (in the Senate) but also allowed for representation on the basis of population (the House of Representatives).

America was also a racialized “democracy” where several million black people would eventually be owned by whites as human property. The enslavement, exploitation, rape, and destruction of black bodies were the economic engine that drove the American economy. Thus, by both design and intent, the United States Constitution was a pro-slavery and pro-Southern document. The Electoral College was central to maintaining America’s white supremacist slavery regime...

One of the redeeming features of America’s political culture is an ability to learn from the past and to view democracy as a work in progress. This long arc of progress does bend, sometimes upwards and at other times downward. But in total the United States has shown a remarkable ability to expand its understanding of democracy and personal liberty — even though the election of Donald Trump represents a significant deterioration.

In these dark moments, hopes and dreams are powerful acts of personal resistance. To that end, we can hope that the Electoral College will stop Donald Trump when it convenes in the state capitals on Dec. 19. Under the Constitution, the electors are free to stand against the bigotry and racism of Trump.


Uh no—not all the electors are free to vote as they please. Though its constitutionality is in question, 29 states have binding laws in which electors must vote for whoever won the state. Those who resist or refuse to abide by their states’ respective election laws are removed and replaced, with the possibility of charges being filed against them. So, it’s a rather futile exercise. The small cadre of electors who want to block Trump, Hamilton Electors, have tried to challenge these laws in the courts and lost...

Trump will be president, but here’s the thing that liberals seem to forget. They can try and boot Trump in four years. This isn’t the end. Permanent victories are not possible in this country since public opinion changes constantly. Instead, they’re whining about how Clinton got more popular votes (which doesn’t matter), racism Russia, hacking, the FBI, and James Comey.


http://townhall.com/tipsheet/mattvespa/2016/12/18/salon-the-electoral-college-is-racist-and-they-should-stand-up-against-donald-trump-n2261165

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RE: If they hit 38... what colour do you want? - 12/19/2016 5:01:34 AM   
MrRodgers


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quote:

ORIGINAL: bounty44


quote:

ORIGINAL: ThatDizzyChick

quote:

their attempted coup

No, it is not a coup, it is completely within the bounds of the Constitution, and is in fact one of the purposes of the Electoral College. it is silly and ridiculously unlikely, but it is completely constitutional. Both according to the Constitution as written, and according to the expressed thoughts and reasoning of the people who wrote the Constitution.


the 12th amendment says this specifically: "they [the electors] shall name in their ballots the person voted for as president..." that seems perfectly perfunctory.

there is nothing in the amendment that gives license to electors to "vote their conscience" or to change their vote contrary to the will of the people of their state.

that doesn't mean however there aren't writings from the creators of our constitution to your point, but if there are, share them.


1952 in Ray v. Blair in a 5–2 vote, The court ruled states have the right to require electors to pledge to vote for the candidate whom their party supports, and the right to remove potential electors who refuse to pledge prior to the election. The court also wrote:

However, even if such promises of candidates for the electoral college are legally unenforceable because violative of an assumed constitutional freedom of the elector under the Constitution, Art. II, sec. 1, to vote as he may choose in the electoral college, it would not follow that the requirement of a pledge in the primary is unconstitutional.

The ruling only held that requiring a pledge, not a vote, was constitutional and Justice Jackson, joined by Justice Douglas, wrote in his dissent, "no one faithful to our history can deny that the plan originally contemplated what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices."

More recent legal scholars believe "a state law that would thwart a federal elector’s discretion at an extraordinary time when it reasonably must be exercised would clearly violate Article II and the Twelfth Amendment."

The Supreme Court has never ruled on the constitutionality of state laws punishing electors for actually casting a faithless vote.

Such electors that do not vote for the candidate they pledged to before the election are called 'Faithless' electors and Wiki lists 200 such votes in history. All 23 of Va. (1836) did not vote for their pledged VP candidate because of his admission to a relationship with one of his slaves. The senate (only time) voted him in anyway.

< Message edited by MrRodgers -- 12/19/2016 5:11:32 AM >


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(in reply to bounty44)
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RE: If they hit 38... what colour do you want? - 12/19/2016 6:28:14 AM   
ThatDizzyChick


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quote:

there is nothing in the amendment that gives license to electors to "vote their conscience" or to change their vote contrary to the will of the people of their state.

Nor is there anything that says they have to vote in accordance with the popular will s expressed in the election.

quote:

that doesn't mean however there aren't writings from the creators of our constitution to your point, but if there are, share them.

There are actually.
Federalist 68
http://avalon.law.yale.edu/18th_century/fed68.asp

And in 1823 Madison wrote a letter to George Hay where he explained how the winner-take-all system undermined the purpose of the EC.
http://press-pubs.uchicago.edu/founders/documents/a2_1_2-3s10.html

And Mason wrote about it as well.
https://books.google.com/books?id=Px8BZhzoOYsC&pg=PA199&lpg=PA199&dq=george+mason+%22nineteen+times+in+twenty%22&source=bl&ots=O7df5VDR-9&sig=hYFtKm_QWCRwfQ-WB4qSP0vSgD8&hl=en&sa=X&ei=tUffT_j3H4rg6wHVn4nvCw#v=onepage&q=george%20mason%20%22nineteen%20times%20in%20twenty%22&f=false

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RE: If they hit 38... what colour do you want? - 12/19/2016 11:01:46 AM   
Musicmystery


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In 1976 one elector voted for Reagan. No one went ballistic.

(in reply to ThatDizzyChick)
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RE: If they hit 38... what colour do you want? - 12/19/2016 11:37:28 AM   
BamaD


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quote:

ORIGINAL: ThatDizzyChick

quote:

their attempted coup

No, it is not a coup, it is completely within the bounds of the Constitution, and is in fact one of the purposes of the Electoral College. it is silly and ridiculously unlikely, but it is completely constitutional. Both according to the Constitution as written, and according to the expressed thoughts and reasoning of the people who wrote the Constitution.

Hitler followed the letter of the law with his coup. That didn't change what it was.

_____________________________

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People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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RE: If they hit 38... what colour do you want? - 12/19/2016 11:52:24 AM   
Musicmystery


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That's a weak argument. Anyone following the letter of the law isn't Hitler, of course. They're doing their jobs.

Look, either the EC is a good idea or it isn't. Having one but not letting it do its job means de facto you don't like the idea.

Pick one or the other. You can't have it both ways.

(in reply to BamaD)
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RE: If they hit 38... what colour do you want? - 12/19/2016 12:09:41 PM   
dcnovice


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FR

Why gray?

_____________________________

No matter how cynical you become,
it's never enough to keep up.

JANE WAGNER, THE SEARCH FOR SIGNS OF
INTELLIGENT LIFE IN THE UNIVERSE

(in reply to Musicmystery)
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RE: If they hit 38... what colour do you want? - 12/19/2016 12:22:16 PM   
BamaD


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quote:

ORIGINAL: dcnovice

FR

Why gray?

The south, he has no imagination.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to dcnovice)
Profile   Post #: 29
RE: If they hit 38... what colour do you want? - 12/19/2016 12:26:17 PM   
BamaD


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FR

So far only one elector has jumped ship.
A Hillary elector has voted for Sanders.
Trump has 340 confirmed votes, an the Tx delegation hasn't reported yet, they should put him over.
What nest, attempting the intimidate the house into disregarding the electors?

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to BamaD)
Profile   Post #: 30
RE: If they hit 38... what colour do you want? - 12/19/2016 1:13:01 PM   
RottenJohnny


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quote:

ORIGINAL: BamaD
What nest, attempting the intimidate the house into disregarding the electors?

I'm hoping for civil war so we can have a chance at culling the leftist herd.

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(in reply to BamaD)
Profile   Post #: 31
RE: If they hit 38... what colour do you want? - 12/19/2016 2:07:13 PM   
bounty44


Posts: 6374
Joined: 11/1/2014
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quote:

ORIGINAL: MrRodgers

quote:

ORIGINAL: bounty44


quote:

ORIGINAL: ThatDizzyChick

quote:

their attempted coup

No, it is not a coup, it is completely within the bounds of the Constitution, and is in fact one of the purposes of the Electoral College. it is silly and ridiculously unlikely, but it is completely constitutional. Both according to the Constitution as written, and according to the expressed thoughts and reasoning of the people who wrote the Constitution.


the 12th amendment says this specifically: "they [the electors] shall name in their ballots the person voted for as president..." that seems perfectly perfunctory.

there is nothing in the amendment that gives license to electors to "vote their conscience" or to change their vote contrary to the will of the people of their state.

that doesn't mean however there aren't writings from the creators of our constitution to your point, but if there are, share them.


1952 in Ray v. Blair in a 5–2 vote, The court ruled states have the right to require electors to pledge to vote for the candidate whom their party supports, and the right to remove potential electors who refuse to pledge prior to the election. The court also wrote:

However, even if such promises of candidates for the electoral college are legally unenforceable because violative of an assumed constitutional freedom of the elector under the Constitution, Art. II, sec. 1, to vote as he may choose in the electoral college, it would not follow that the requirement of a pledge in the primary is unconstitutional.

The ruling only held that requiring a pledge, not a vote, was constitutional and Justice Jackson, joined by Justice Douglas, wrote in his dissent, "no one faithful to our history can deny that the plan originally contemplated what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices."

More recent legal scholars believe "a state law that would thwart a federal elector’s discretion at an extraordinary time when it reasonably must be exercised would clearly violate Article II and the Twelfth Amendment."

The Supreme Court has never ruled on the constitutionality of state laws punishing electors for actually casting a faithless vote.

Such electors that do not vote for the candidate they pledged to before the election are called 'Faithless' electors and Wiki lists 200 such votes in history. All 23 of Va. (1836) did not vote for their pledged VP candidate because of his admission to a relationship with one of his slaves. The senate (only time) voted him in anyway.


let me emphasize the word "dissent" in your quote above. so apparently someone does differ from the authors "faithful" rendition of history.

I see, i imagine like the ruling opinion, no reasonable interpretation (implicit in the text) in section I of article II that allows for electors "voting their conscience against the will of the people."

if you've got some federalist papers or other writings from our founders that touch specifically on that subject, thatd be helpful.

what the argument seems to come down to here is the difference between "supposed to do" and what law can compel them to, and "what they might do" since we cannot control human behavior.




< Message edited by bounty44 -- 12/19/2016 2:10:36 PM >

(in reply to MrRodgers)
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RE: If they hit 38... what colour do you want? - 12/19/2016 2:26:29 PM   
Musicmystery


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But when "faithless" electors are replaced by an alternate who does what it's told, the whole scene is a farce.

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Profile   Post #: 33
RE: If they hit 38... what colour do you want? - 12/19/2016 2:33:51 PM   
dcnovice


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These sentences from Federalist Paper 68 (Hamilton) suggest that the electors are meant to exercise actual judgment:

It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations.

* * *


Another sentence from the same paper offers an interesting lens for viewing the current situation:

The process of election affords a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications. Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States. It will not be too strong to say, that there will be a constant probability of seeing the station filled by characters pre-eminent for ability and virtue. And this will be thought no inconsiderable recommendation of the Constitution, by those who are able to estimate the share which the executive in every government must necessarily have in its good or ill administration. Though we cannot acquiesce in the political heresy of the poet who says: "For forms of government let fools contest That which is best administered is best,'' yet we may safely pronounce, that the true test of a good government is its aptitude and tendency to produce a good administration.

http://avalon.law.yale.edu/18th_century/fed68.asp



_____________________________

No matter how cynical you become,
it's never enough to keep up.

JANE WAGNER, THE SEARCH FOR SIGNS OF
INTELLIGENT LIFE IN THE UNIVERSE

(in reply to bounty44)
Profile   Post #: 34
RE: If they hit 38... what colour do you want? - 12/19/2016 3:41:00 PM   
ManOeuvre


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quote:

ORIGINAL: RottenJohnny
I'm hoping for civil war so we can have a chance at culling the leftist herd.


Johnny, please! You stand a better chance at helping people to excise those ideas you find abhorrent if you don't behave as a caricature in their newspapers.

(in reply to RottenJohnny)
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RE: If they hit 38... what colour do you want? - 12/19/2016 3:47:54 PM   
Musicmystery


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Donald Trump is facing a coup d'etat sponsored by major arms companies, the United States can't accept they've been replaced as leader of the free world, and Maidan protesters were probably just high on drugs. Or at least that's the story on Kremlin television this week.

https://themoscowtimes.com/articles/trump-facing-down-a-coup-detat-says-russian-state-media-56576

(in reply to ManOeuvre)
Profile   Post #: 36
RE: If they hit 38... what colour do you want? - 12/19/2016 6:30:42 PM   
BamaD


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FR Hillary has had more electors jump ship than Trump, guess this didn't work out so well, did it?

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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RE: If they hit 38... what colour do you want? - 12/20/2016 6:48:06 AM   
Musicmystery


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Hilary has never been a hero in this dog and pony show.

Then, neither has Trump, except to people who like reactions instead of thinking.

(in reply to BamaD)
Profile   Post #: 38
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