Author Topic: Supreme Court to hear case on GOP ‘independent legislature’ theory that could radically reshape elec  (Read 1606 times)

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Online Free Vulcan

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True, no explicit mention of Federal Courts.  But would the Federal Courts be the natural venue for resolving conflict between State Law and Laws of Congress?

But this was a state court. I don't see them as having any jurisdiction whatsoever.
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Offline Bigun

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True, no explicit mention of Federal Courts.  But would the Federal Courts be the natural venue for resolving conflict between State Law and Laws of Congress?

Perhaps. Should CONGRESS choose to exercise the authority granted. 
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline DefiantMassRINO

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Gerrymandering is a tough one.  Both sides do it whenever they have the opportunity.

State Legislatures generally have wide latitude to draw district lines.

Wouldn't it be incumbent upon the plantiff to prove significant harm recognized by current laws, violation of state law, or violation of state constitution in state court?

Courts can't draw district lines.  They can only send it back to the state legislature to redraw the districts to relieve harm, illegality, or unconstitutionality.

The US Supreme Court could only rule that Laws of Congress or The Constitution were violated, and kick it back to the state legislature to correct.

Courts don't legislate.
« Last Edit: July 07, 2022, 03:30:29 pm by DefiantMassRINO »
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What the legislature giveth the legislature can take away.  legislatures that have done this can just as easily undo it.

I'm pretty sure in AZ's case it was a Constitutional Amendment.  It would take the Legislature and a vote of the people to undo the damage done, and that's as likely as a repeal of the 17th Amendment to the US Constitution.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
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Courts can't draw district lines.  They can only send it back to the state legislature to redraw the districts to relieve harm, illegality, or unconstitutionality.

From the Legal Insurrection article linked upthread:

Quote
    In an order entered on February 4, the North Carolina Supreme Court invalidated the North Carolina General Assembly’s congressional maps and remanded to state trial court for remedial proceedings. Rather than seek immediate review in this Court, Applicants engaged in a good-faith effort to craft a congressional map that would be valid under the state Supreme Court’s order. Yet in an order entered on February 23, the North Carolina trial court rejected that map and instead mandated the use of a new map that had been created by a group of Special Masters and their team of assistants—who, to make matters worse, designed their own, judicially-crafted map after engaging in ex parte communications with experts for the plaintiffs. Applicants immediately sought a stay from the North Carolina Supreme Court, but that stay was promptly denied.

According to the part I highlighted, the Courts did exactly what you said they cannot do.  They took it on themselves to draw the map.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Offline Bigun

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I'm pretty sure in AZ's case it was a Constitutional Amendment.  It would take the Legislature and a vote of the people to undo the damage done, and that's as likely as a repeal of the 17th Amendment to the US Constitution.

I'll take your word for that but if I lived in Arizonia, I would look into that and see whether or not it is in the Constitution.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

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I'll take your word for that but if I lived in Arizonia, I would look into that and see whether or not it is in the Constitution.

I just looked it up:  The AZ Independent Redistricting Commission was enacted by a Citizen Initiative, not by Constitutional Amendment.  However, an Amendment was passed to force the Legislature to enact Initiatives by the letter so it would take another Citizen Initiative to fix this.  The good news is it only would take a simple majority vote and not a 2/3rd vote as an Amendment would require.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline Bigun

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I just looked it up:  The AZ Independent Redistricting Commission was enacted by a Citizen Initiative, not by Constitutional Amendment.  However, an Amendment was passed to force the Legislature to enact Initiatives by the letter so it would take another Citizen Initiative to fix this.  The good news is it only would take a simple majority vote and not a 2/3rd vote as an Amendment would require.

 :yowsa:

https://en.wikipedia.org/wiki/Redistricting_in_Arizona
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Cyber Liberty

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:yowsa:

https://en.wikipedia.org/wiki/Redistricting_in_Arizona

The first one drawn by the IRDC was 2010, when the "Independent" Chair was a Rat activist that got past the seating process, so it was 3-2 solid Democrat and that's how the Rats got a majority Congressional delegation in a majority Republican state.

In 2020 the GOP was on the warpath from the start on making sure that did not happen again, so we will probably reverse the delegation ratio to 5-4 GOP, possibly even 6-3 GOP if the Red backlash goes well.

This is something that Kelly Ward was instrumental in accomplishing.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline Bigun

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The first one drawn by the IRDC was 2010, when the "Independent" Chair was a Rat activist that got past the seating process, so it was 3-2 solid Democrat and that's how the Rats got a majority Congressional delegation in a majority Republican state.

In 2020 the GOP was on the warpath from the start on making sure that did not happen again, so we will probably reverse the delegation ratio to 5-4 GOP, possibly even 6-3 GOP if the Red backlash goes well.

This is something that Kelly Ward was instrumental in accomplishing.

 :thumbsup:

Just for informational purposes, taking a cursory look at the Arizona constitution this morning leads me to believe that the legislature can still put constitutional amendments on the ballot by simple majority vote.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Bigun

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BTW @Cyber Liberty

Thoughts on Mark Finchem for Arizona SOS?
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Cyber Liberty

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Thoughts on Mark Finchem for Arizona SOS?


Mark was the Keynote Speaker at the Bullhead City annual GOP fundraiser, and he helped us make $18K net.  He has my vote, and he'll probably win.  The Rat in the race is the former Maricopa County Recorder who was instrumental in the 2020 cheat.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Offline Bigun

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Mark was the Keynote Speaker at the Bullhead City annual GOP fundraiser, and he helped us make $18K net.  He has my vote, and he'll probably win.  The Rat in the race is the former Maricopa County Recorder who was instrumental in the 2020 cheat.

OK. Thanks! That rat needs to be gone!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online sneakypete

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"be prescribed in each State by the Legislature thereof" ... is this to say that the State Legislature will write the election laws or that the State Legislature can nullify popular elections?

@DefiantMassRINO

I think we can all guess the answer to THAT one.

Anyone who isn't paranoid in 2021 just isn't thinking clearly!

Offline Bigun

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A VERY good article here for those who may be interested.

Recovering the Historical Constitution
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien