Author Topic: Today's SCOTUS victories v. 2020 Election Challenges  (Read 7585 times)

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Offline Kamaji

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #75 on: July 07, 2023, 04:43:42 pm »
Perhaps for you, but I rather liked the following sentence;

And this:

I personally don't like a synecdoche any more than I do a penumbra.





You would, which is no slight to the Court.

Online Bigun

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #76 on: July 07, 2023, 06:04:34 pm »
Below is the entire text of Article III of the constitution:

Quote
Article III

Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Perhaps someone will be kind enough to direct me to the parts that refer to penumbras and synecdoches.
« Last Edit: July 07, 2023, 06:07:07 pm by Bigun »
"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 Kamaji

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #77 on: July 07, 2023, 06:12:23 pm »
Perhaps someone can direct us to the language in Art. I, Sec. 4, Cl. 1 of the Constitution where it says that the time, place, and manner of electing Representatives and Senators is exclusively given to the state legislature, without any power of review by the courts that were instituted under the same state constitution that empowered said state legislatures.  I.e., where does it, in so many words, necessarily exclude state court review?


Online Bigun

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #78 on: July 07, 2023, 06:18:23 pm »
Perhaps someone can direct us to the language in Art. I, Sec. 4, Cl. 1 of the Constitution where it says that the time, place, and manner of electing Representatives and Senators is exclusively given to the state legislature, without any power of review by the courts that were instituted under the same state constitution that empowered said state legislatures.  I.e., where does it, in so many words, necessarily exclude state court review?

I don't give a fig about what it DOESN'T exclude! What I do care about intensely is what it specifically permits!
« Last Edit: July 07, 2023, 06:19:22 pm by Bigun »
"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 Kamaji

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #79 on: July 07, 2023, 06:23:53 pm »
I don't give a fig about what it DOESN'T exclude! What I do care about intensely is what it specifically permits!

All it permits is the state legislature - in its capacity as such - to set the election times, places, and manner.  A state legislature can only act in conformity with the organic law that brought it into existence, and if that organic law includes review of legislative actions by a state court, then that review applies with equal force to the acts of a state legislature in carrying out its obligations under this provision.  The provision did not give to a state legislature any additional power or authority to act that it did not already otherwise have; it simply commandeered that pre-existing authority and, subject to all of the limitations and restrictions imposed on that authority by the organic law that constituted the legislature, allowed the legislature to set time, place and manner.

In order to achieve the opposite result, there would have to be express language that denied review by a state court that was otherwise empowered to review the legislature's actions, and that is not in this provision.

The only way you get to your position is by imposing a penumbra that is not there in order to achieve your desired end-result.

Since it is generally liberals who engage in end-results oriented analysis of the Constitution, that can only make you a liberal.

Bottom line is this:  you don't care about the Constitution, you only care about mangling its language to accomplish your personally preferred political goals.  That makes you a liberal.

Online Bigun

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #80 on: July 07, 2023, 06:32:24 pm »
Quote
A state legislature can only act in conformity with the organic law that brought it into existence,...

Gonna have to explain that one to me counselor. Organic law that brought what into existence? The Legislature?

(I'm purposefully ignoring all the BS you posted following the above that I quoted.)
« Last Edit: July 07, 2023, 06:34:43 pm by Bigun »
"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 Kamaji

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #81 on: July 07, 2023, 06:48:03 pm »
Gonna have to explain that one to me counselor. Organic law that brought what into existence? The Legislature?

(I'm purposefully ignoring all the BS you posted following the above that I quoted.)


Ok chief.  To be perfectly honest, your innate liberalism is rather disappointing, and pretty much puts the lie into most of what you post on this forum.

Whatever.  Have a nice life.  I'm sure there's a good echo chamber someplace where you'd be a lot more comfortable.

Online Bigun

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #82 on: July 07, 2023, 07:12:57 pm »
Ok chief.  To be perfectly honest, your innate liberalism is rather disappointing, and pretty much puts the lie into most of what you post on this forum.

Whatever.  Have a nice life.  I'm sure there's a good echo chamber someplace where you'd be a lot more comfortable.

LOL! Typical BS from the Lawfare crowd!  buh bye  (For the second time this week.)
"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 Bigun

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #83 on: July 07, 2023, 07:19:50 pm »
Lawyers, including the ones called judges or justices, are going to protect their turf no matter what and the constitution takes the hindmost.

(I've noticed that most every SCOTUS case loss we've suffered under John Roberts is one that expanded the power of the judiciary in our lives.)
« Last Edit: July 07, 2023, 07:37:21 pm by Bigun »
"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 Right_in_Virginia

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Re: Today's SCOTUS victories v. 2020 Election Challenges
« Reply #84 on: July 08, 2023, 10:28:18 pm »
Lawyers, including the ones called judges or justices, are going to protect their turf no matter what and the constitution takes the hindmost.

Absolutely agree @Bigun