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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 11:38 am  
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Querulous Quidnunc
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Ok, googled it. 14th Amendment (which is about black citizenship and has absolutely nothing to do with the procedural elements of vote counting).

The Supreme Court voted along ideological lines, refused to sign their opinions and said it couldn't be used as a precedent. Hmm.


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 11:48 am  
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Obama Zombie
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Aestu wrote:
Ok, googled it. 14th Amendment (which is about black citizenship and has absolutely nothing to do with the procedural elements of vote counting).

The Supreme Court voted along ideological lines, refused to sign their opinions and said it couldn't be used as a precedent. Hmm.

You need to read better. The 14th Amendment has more to it than black citizenship.

http://en.wikipedia.org/wiki/Equal_Protection_Clause

The justices agreed with Bush in Bush v. Gore because the state of Florida had no system in place to ensure each precinct would be able to do a recount using the same method. See, everyone in the state of Florida had the same ballot and they voted using the same method. Since there wasn't a state-wide procedure to conduct an equal recount of already registered votes then there could be an unequal process; one precinct could count over-votes in support of the popular candidate while another could throw them out altogether, giving unequal treatment of the voters voice.


Last edited by Eturnalshift on Thu Sep 15, 2011 11:50 am, edited 1 time in total.
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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 11:49 am  
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Querulous Quidnunc
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Well, y'all voted Bush in and see where it got us.

inb4 "I don't associate myself with Bush even though he's a Republican." HINDSIGHT IS 20/20


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 11:52 am  
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Obama Zombie
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Fantastique wrote:
Well, y'all voted Obama in and see where it got us.

Stay on topic, nab.
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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 12:11 pm  
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Querulous Quidnunc
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Eturnalshift wrote:
The justices agreed with Bush in Bush v. Gore because the state of Florida had no system in place to ensure each precinct would be able to do a recount using the same method. See, everyone in the state of Florida had the same ballot and they voted using the same method. Since there wasn't a state-wide procedure to conduct an equal recount of already registered votes then there could be an unequal process; one precinct could count over-votes in support of the popular candidate while another could throw them out altogether, giving unequal treatment of the voters voice.


That is true of each and every state and each and every recount and election.

What is more, if the argument were legitimate, they wouldn't be opposed to using this decision as precedent. There is no precedent for arbitrarily excluding a decision on a matter so important from stare decisis. Do you have an explanation as to why the court was divided straight along ideological lines?

The 14th Amendment was intended to solve the question of black citizenship (and exclude Confederates from government). It was never intended to apply to anything past that, such as uniformity of law amongst state counties.

It's funny how you talk about "local government" and "federal non-involvement in state government" but all of a sudden you're in favor of the government overriding state/county prerogatives when it suits your ideological interests. ...Hypocrite.


Aestu of Bleeding Hollow...

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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 12:17 pm  
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Querulous Quidnunc
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WANNA FITE BRO?!?!?!?!?!

jk <3 plus I'd wreck you.

What our country needs is an overhaul of ATTITUDE, not just policies. The only person in politics right now who can get that done is Obama.


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 12:24 pm  
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Querulous Quidnunc
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Because Obama has been doing a great job so far...

Florida was a cluster fuck and was embarassing the entire country across the entire world, and if someone didn't step in we wouldn't have HAD a president once bush would have had to step out of office when his first term ended. That probably would fit under the category in which Eturnal would be ok with the feds stepping in.


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 12:26 pm  
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Querulous Quidnunc
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Fantastique wrote:
The only person in politics right now who can get that done is Obama.


Disagree. He's proven he can't. Tragic.

Usdk wrote:
Florida was a cluster fuck and was embarassing the entire country across the entire world, and if someone didn't step in we wouldn't have HAD a president once bush would have had to step out of office when his first term ended. That probably would fit under the category in which Eturnal would be ok with the feds stepping in.


No. According to the Constitution, if there were such a crisis, the Speaker of the House - Dennis Hastert - would serve as Acting President until the election resolves.

EDIT: Assuming the crisis were to drag on for several months until Clinton's lame-duck status ended.

EDIT2: All you losers from Commonwealth countries must think it's freaky how we Americans keep going back and forth about our beloved Constitution and how it has all the answers. Do you?


Aestu of Bleeding Hollow...

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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 12:38 pm  
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Obama Zombie
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Aestu wrote:
Do you have an explanation as to why the court was divided straight along ideological lines?

That's a good question -- Why didn't any of the liberal judges on the Supreme Court side with the conservatives? Regardless of ideology that's just the way the cookie crumbled.

Quote:
The 14th Amendment was intended to solve the question of black citizenship (and exclude Confederates from government). It was never intended to apply to anything past that, such as uniformity of law amongst state counties.

You're right... somewhat. The 14th Amendment was added to the Constitution to solve the issue of blacks and their citizenship. As an extension, they added the Equal Protection Clause to ensure all people (anyone in the future and not just blacks) would have, "equal protection of the laws." When the state doesn't have something in place that will guarantee equal protection to all voters (because the ability to cast your vote is one of our most precious freedoms) then there may not be equal protection.

Quote:
It's funny how you talk about "local government" and "federal non-involvement in state government" but all of a sudden you're in favor of the government overriding state/county prerogatives when it suits your ideological interests. ...Hypocrite.

I think you're taking things I've said out of context. I have no problem with the Federal Government or the Federal Judiciary (for the most part) and the issues I have with the Federal Government are when they try to over-step their Constitutional limitations and impose whatever the fuck they want on the States. I'm increasingly finding myself take issue with the government just creating agencies, committees and beuracracy with the intent of limiting our freedoms. Personally, I think the States should be more free to do whatever they want and the Federal Government should be limited to the powers and rules within the Constitution. Since the Equal Protection Clause is contained with the Constitution then I take no issue with it. At the time of amendment, a great majority of the country didn't, either.
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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 12:56 pm  
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Querulous Quidnunc
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Yeah aestu, i know we'd have had an acting president, but that wouldn't have been because a nuke went off in washington or a really successful assassination took place, it would be because we couldn't figure out how to fucking VOTE.

That was shameful and I'm glad they stepped in.


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 1:31 pm  
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Querulous Quidnunc
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Eturnalshift wrote:
You're right... somewhat. The 14th Amendment was added to the Constitution to solve the issue of blacks and their citizenship. As an extension, they added the Equal Protection Clause to ensure all people (anyone in the future and not just blacks) would have, "equal protection of the laws." When the state doesn't have something in place that will guarantee equal protection to all voters (because the ability to cast your vote is one of our most precious freedoms) then there may not be equal protection.


So not counting the votes is equal protection...?

Eturnalshift wrote:
Quote:
It's funny how you talk about "local government" and "federal non-involvement in state government" but all of a sudden you're in favor of the government overriding state/county prerogatives when it suits your ideological interests. ...Hypocrite.

I think you're taking things I've said out of context. I have no problem with the Federal Government or the Federal Judiciary (for the most part) and the issues I have with the Federal Government are when they try to over-step their Constitutional limitations and impose whatever the fuck they want on the States. I'm increasingly finding myself take issue with the government just creating agencies, committees and beuracracy with the intent of limiting our freedoms. Personally, I think the States should be more free to do whatever they want and the Federal Government should be limited to the powers and rules within the Constitution. Since the Equal Protection Clause is contained with the Constitution then I take no issue with it. At the time of amendment, a great majority of the country didn't, either.


News flash: The Judiciary is a branch of the federal government. It is a committee, of nine individuals. It decided the State of Florida SHOULDN'T be allowed the FREEDOM to count its own votes. It decided to impose its perogatives on the state.

It has an entire bureaucracy attached to it - clerks, security, what have you.
http://www.c-spanvideo.org/program/293017-1

In the mind of right-wingers, "government agencies" aren't "government agencies" as long as they cut THEM checks and action THEIR ideological views.


Aestu of Bleeding Hollow...

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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 1:51 pm  
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Querulous Quidnunc
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I'm not sure how a 2011 budget request is relevant to a 2000 supreme court decision regarding a national election.

You should probably quit looking on TV at people and then comparing them to us because we lean towards the same side of the aisle.

Y'know, because you're so smart.


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 1:55 pm  
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Obama Zombie
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Aestu wrote:
Eturnalshift wrote:
You're right... somewhat. The 14th Amendment was added to the Constitution to solve the issue of blacks and their citizenship. As an extension, they added the Equal Protection Clause to ensure all people (anyone in the future and not just blacks) would have, "equal protection of the laws." When the state doesn't have something in place that will guarantee equal protection to all voters (because the ability to cast your vote is one of our most precious freedoms) then there may not be equal protection.


So not counting the votes is equal protection...?

Quit being daft. The votes were counted once already in an equal manner. The recount of votes couldn't guarantee that same equality.

Aestu wrote:
News flash: The Judiciary is a branch of the federal government. It is a committee, of nine individuals. It decided the State of Florida SHOULDN'T be allowed the FREEDOM to count its own votes. It decided to impose its perogatives on the state.

It has an entire bureaucracy attached to it - clerks, security, what have you.
http://www.c-spanvideo.org/program/293017-1

In the mind of right-wingers, "government agencies" aren't "government agencies" as long as they cut THEM checks and action THEIR ideological views.
Quote:
Personally, I think the States should be more free to do whatever they want and the Federal Government should be limited to the powers and rules within the Constitution.

Read Article III of the Constitution... then read the underlined part of my quote... then ask yourself, "Why does Eturnal not hate so much on the judiciary?" Furthermore, many on the right support the Supreme Court as an institution that not only rules in favor of right-wing ideologies but of those of the left-wing, as well. (Roe v. Wade)
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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 6:04 pm  
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Aestu wrote:
Do you have an explanation as to why the court was divided straight along ideological lines?


The explanation is obvious. When they can get away with it, Justices decide with their politics (which they're not supposed to do) and mask it with some bogus interpretation of the relevant law. There's a reason not a single Thomas opinion is coherent, for example.


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 Post subject: Re: When will the "recounts" and "misplaced ballots" start?
PostPosted: Thu Sep 15, 2011 6:09 pm  
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Querulous Quidnunc
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I think they shouldn't be on the court for life, tbh.


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