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Old 09-04-2023, 06:47 PM
 
15,590 posts, read 15,699,568 times
Reputation: 22004

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This is a bit of a long slog by Andrew Marantz, but surprisingly interesting. Also, it's something that may well surface again, so maybe worth knowing about.



How a Fringe Legal Theory Became a Threat to Democracy
Lawyers tried to use the independent-state-legislature theory to sway the outcomes of the 2000 and 2020 elections. What if it were to become the law of the land?

When twenty-first-century democracies do collapse, they don’t collapse all at once. The process is usually more gradual, like a hole in the ozone layer that widens, imperceptibly at first, setting off feedback loops that become harder to contain. By the time there’s consensus that this is what’s happening, it may be too late to stop it.
Crude totalitarian regimes might get their way through emergency powers or sweeping purges, but more sophisticated regimes can weaken checks on their power by bloodlessly manipulating the levers of the bureaucracy, thus retaining some plausible deniability.
“You don’t need to physically block voters from entering the polls. A lot of that can happen invisibly.”
https://www.newyorker.com/magazine/2...t-to-democracy
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Old 09-04-2023, 06:58 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,798,324 times
Reputation: 15130
outlawing forms of voting (such as mail-in ballots) that tend to favor one party,


Gee, I wonder which one that could be?
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Old 09-04-2023, 08:02 PM
 
Location: Vallejo
21,886 posts, read 25,201,372 times
Reputation: 19110
Stupid article. All you have to do is look at gerrymandering for proof in the pudding that it's not some abstract fringe legal theory and is in fact on the ground reality.

https://medium.com/rantt/the-top-10-...a-bd962843ba1f

Now, there's some limits that are imposed by law and then on top of that there's an additional layer of federal funding so it's not a completely independent-state-legislature and Trump never had a chance in trying to overthrow the government, but they do have wide latitude. There's no requirement that states have absentee ballots for everyone that wants them. They can get rid of them just as they can draw these ridiculously gerrymandered districts. And it's not just Republicans that do it either. They're just better at the game than Democrats.
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Old 09-04-2023, 08:23 PM
 
Location: North of Canada, but not the Arctic
21,167 posts, read 19,768,059 times
Reputation: 25717
No way in hell I will pay for a subscription to the New Yorker.
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Old 09-04-2023, 08:58 PM
 
Location: Honolulu/DMV Area/NYC
30,662 posts, read 18,282,617 times
Reputation: 34539
It's more concerning that something that is plainly within the text of the Constitution is considered "fringe" by anyone. The Constitution refers to "legislature" in this context; folks and courts had to expand this to mean "legislative process" in order to get to their desired result. This was a case that the Supreme Court got wrong, IMO. Note, and I write this as one who actually believes the GOP would be hurt more by this ruling than the other way around, so this isn't some self-serving statement on my part.
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Old 09-05-2023, 07:53 AM
 
Location: Long Island
57,369 posts, read 26,285,929 times
Reputation: 15680
North Carolina and some of the other red states want the legislatures to have the final say in closely deciding elections in their independent state legislature bill. It’s all about keeping republicans in power, it’s been put in motion.
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Old 09-05-2023, 09:25 AM
 
Location: Midwest City, Oklahoma
14,848 posts, read 8,221,096 times
Reputation: 4590
So was Trump's argument Constitutional or not? According to whom?

It's funny listening to whiners claiming that democracy will be lost any day now through democracy, as if democracy ever existed in the first place, rofl.
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Old 09-05-2023, 09:52 AM
 
Location: New York City
19,061 posts, read 12,738,706 times
Reputation: 14783
Quote:
Originally Posted by Cida View Post
This is a bit of a long slog by Andrew Marantz, but surprisingly interesting. Also, it's something that may well surface again, so maybe worth knowing about.



How a Fringe Legal Theory Became a Threat to Democracy
Lawyers tried to use the independent-state-legislature theory to sway the outcomes of the 2000 and 2020 elections. What if it were to become the law of the land?

When twenty-first-century democracies do collapse, they don’t collapse all at once. The process is usually more gradual, like a hole in the ozone layer that widens, imperceptibly at first, setting off feedback loops that become harder to contain. By the time there’s consensus that this is what’s happening, it may be too late to stop it.
Crude totalitarian regimes might get their way through emergency powers or sweeping purges, but more sophisticated regimes can weaken checks on their power by bloodlessly manipulating the levers of the bureaucracy, thus retaining some plausible deniability.
“You don’t need to physically block voters from entering the polls. A lot of that can happen invisibly.”
https://www.newyorker.com/magazine/2...t-to-democracy
Holy gaslighting Batman!
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Old 09-05-2023, 10:41 AM
 
Location: NJ
23,583 posts, read 17,262,317 times
Reputation: 17630
All you need to know is the democrats used the media and intel agencies to corrupt the 2020 election, making it invalid.

Imagine a country's intel agencies corrupting the voting process??? In what banana republic does that happen? The world would be aghast at such an apparent cabal. Never happen in the US!!!

Aside from states violating their own voting laws and judges cowardly washed their hands of the situation.

Go down in the weeds and lose yourself in legal definitions and interpretation. Try sticking your head up above the weeds and admit the lection process was invalidated by the dems controlling the intel agencies and media.

Dems were outraged at the thought of Putin spreading lies in 2016 about HRC. Claimed and still claim that election was invalid.

Does it make a difference if a foreign power or the democrats corrupt the election????
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Old 09-11-2023, 06:09 PM
 
15,590 posts, read 15,699,568 times
Reputation: 22004
Quote:
Originally Posted by Malloric View Post
Stupid article. All you have to do is look at gerrymandering for proof in the pudding that it's not some abstract fringe legal theory and is in fact on the ground reality.

https://medium.com/rantt/the-top-10-...a-bd962843ba1f

Now, there's some limits that are imposed by law and then on top of that there's an additional layer of federal funding so it's not a completely independent-state-legislature and Trump never had a chance in trying to overthrow the government, but they do have wide latitude. There's no requirement that states have absentee ballots for everyone that wants them. They can get rid of them just as they can draw these ridiculously gerrymandered districts. And it's not just Republicans that do it either. They're just better at the game than Democrats.
I think you're overlooking something that should be obvious. Methods for taking unfair advantage, or for rigging the system, are many and varied. Gerrymandering is a major factor. But that does not mean the article is "stupid" nor does it mean it's not relevant.
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