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(The Hill)   They gotta nip it Andy, nip it in the bud   (thehill.com) divider line
    More: Murica, United States Constitution, President of the United States, Supreme Court of the United States, United States, Marbury v. Madison, state legislatures, U.S. Supreme Court, United States Congress  
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4629 clicks; posted to Politics » on 28 Nov 2022 at 7:06 PM (10 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



48 Comments     (+0 »)
View Voting Results: Smartest and Funniest
 
2022-11-28 2:18:06 PM  
It's hard to believe the Founding Fathers missed this one.  If only they had established some kind of supremacy clause.
 
2022-11-28 3:58:45 PM  
I think they might choose this case to try and prove they aren't a wing of the Republican party and still deserve respect.
 
2022-11-28 7:09:07 PM  

EvilEgg: I think they might choose this case to try and prove they aren't a wing of the Republican party and still deserve respect.


...as soon as they're done helping OJ find the real kler.
 
2022-11-28 7:10:31 PM  
The only reason I have to think the SCOTUS wouldn't do this is because it neuters their own power.

Otherwise I'm sure they're fully onboard just straight up elimination democracy
 
2022-11-28 7:10:45 PM  
Then again, Congress should do a lot of things.
 
2022-11-28 7:11:44 PM  

EvilEgg: I think they might choose this case to try and prove they aren't a wing of the Republican party and still deserve respect.


I think the SC will rule against the "independent state legislature" crap simply because they have *no intention* of letting legislatures override the courts. Basically, the SC is *not* going to give up power. The conservative justices aren't that stupid.

/they may, in fact, be that stupid
 
2022-11-28 7:12:31 PM  

EvilEgg: I think they might choose this case to try and prove they aren't a wing of the Republican party and still deserve respect.


i.pinimg.comView Full Size
 
2022-11-28 7:13:08 PM  
Would be pretty nuts if the Supreme Court essentially struck down Marbury v. Madison, but I guess that's where we're at at this point.
 
2022-11-28 7:14:19 PM  
Court review was an essential part of the checks and balances that drove the constitutional plan, but several members of the Court's majority now seem to think that everyone was wrong in reading this language during the last 235 years.

No. No they don't think every single justice before them was wrong; they see an opportunity to put their party in power for decades completely against the will of the voters and they're going to jump at the chance and whatever bullshiat reason that's given will be just that - pure bullshiat.
 
2022-11-28 7:16:53 PM  

realmolo: EvilEgg: I think they might choose this case to try and prove they aren't a wing of the Republican party and still deserve respect.

I think the SC will rule against the "independent state legislature" crap simply because they have *no intention* of letting legislatures override the courts. Basically, the SC is *not* going to give up power. The conservative justices aren't that stupid.

/they may, in fact, be that stupid


Don't underestimate the instinct in some justices to protect conservative political causes.

I'd be willing to bet that Thomas, Alito, and Gorusch will support independant state legislature. Can they get Kavanaugh and Barrett on board to do the same? It seems unlikely, but it's not out of the realm of possible.
 
2022-11-28 7:21:07 PM  
Oh, I forgot to add:

If they *do* rule in favor of this, it's essentially the end of democracy in the United States. And it will almost certainly start another civil war. Which will tank the world economy in a MAJOR way. It'll be the Great Depression times 10.

But, honestly, if the intend to end democracy in the US with this decision, I hope they do it *right now*, while we have a Democratic commander-in-chief.  He can send in the military to stomp on the states that start ignoring the voters. Though NATO/EU could get involved...it's just an unholy mess if this goes the wrong way.

I mean, in the end, the SC's decisions are irrelevant if the military says otherwise. I hate to see it come to that, and that is not how our country is supposed to work, but unfortunately, sometimes you have to break the rules in order to preserve the rules.

Farking Republicans, man. They're going to destroy the world, aren't they?
 
2022-11-28 7:23:23 PM  
From The Hill:  It would be prudent for the GOP majority to consider that there is no language in the U.S. Constitution specifying that the Supreme Court has authority to rule upon the constitutionality of congressional acts.


That's funny, since they've only been doing it for 200+ years.
 
2022-11-28 7:25:42 PM  
They'll pass some "narrowly-tailored" opinion partially supporting the ISL theory that says it can't be used as precedent, but will be.
 
2022-11-28 7:26:27 PM  
It's so weird how the Supreme Court keeps showing up in important situations
 
2022-11-28 7:26:28 PM  
But don't dare call them anarchists.
 
2022-11-28 7:26:43 PM  
Did Submitter's spouse fall down an old well during an eclipse?
 
2022-11-28 7:28:54 PM  
 
2022-11-28 7:31:04 PM  

realmolo: Farking Republicans, man. They're going to destroy the world, aren't they?


it is the only way to save it!

in all seriousness, this goes back to the electoral college issue again, doesn't it?

Ever red state appoints R senators, house and electors and blue does the same. then land matters more than voters to a greater extent?

Would states be allowed to just double the number of house reps?

Can CA send 16 senators instead of 2?

How much calvinball can result?
 
2022-11-28 7:36:57 PM  
Yeah, those are all great points but I'm not sure you're the best guy to be making them, Reverend.
Fark user imageView Full Size
 
2022-11-28 7:37:47 PM  
So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.
 
2022-11-28 7:38:53 PM  

KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


That's the way it works right now
 
2022-11-28 7:46:52 PM  

Hyjamon: realmolo: Farking Republicans, man. They're going to destroy the world, aren't they?

it is the only way to save it!

in all seriousness, this goes back to the electoral college issue again, doesn't it?

Ever red state appoints R senators, house and electors and blue does the same. then land matters more than voters to a greater extent?

Would states be allowed to just double the number of house reps?

Can CA send 16 senators instead of 2?

How much calvinball can result?


I doubt they would be able to change the number of federal representatives. That's not decided at the state level.

The REALLY BIG danger is that the Republicans get enough Republican state legislatures and Governors in place, and then they can start adding Amendments to the Constitution. All they need is 38 fully-Republican controlled states. They're almost there NOW. That's the real goal. They can bypass Congress entirely.
 
2022-11-28 7:49:37 PM  

KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.



The big Democrat-run cities pretty much do that now.
 
2022-11-28 7:53:06 PM  
I hate these articles that basically argue conservatives should think through the consequences of their actions as if they haven't been playing farkin' Calvinball for decades.  They are fascists. The rules are malleable to benefit them. There is no deeper constitutional or patriotic principle.
 
2022-11-28 7:53:13 PM  
The Reich has to know that eventually, the pendulum will swing the other way and if they set precedent to favor themselves now, eventually, it will bite them in the ass.

/if Dems grow a spine, of course
 
2022-11-28 7:55:32 PM  
Try this one weird trick to nullify 240 years of the American Experiment.
 
2022-11-28 7:56:19 PM  
FTA: There is urgency to act because it is likely that the GOP plan has a more devious second stage. That is, after obtaining a decision adopting the ISL theory in Moore v. Harper, some Republicans may try to use it as a means of snatching the presidency in 2024 if the Republican nominee does not win a majority of presidential electors.

Republicans are completely comfortable, hiding behind the anti-democracy electoral college, with an election win where the Republican nominee lost the popular vote.  Now, Republicans plot to take the presidency even if they both lose the popular vote and lose the electoral college.

Unless they stick with Trump heirs, the next fascist the Republicans run may be more intelligent, more efficient, and more difficult to stop than Trump. Republicans plan to destroy American democracy as we know it. Meanwhile, the DOJ dithers.
 
2022-11-28 7:59:15 PM  

El_Dan: Would be pretty nuts if the Supreme Court essentially struck down Marbury v. Madison, but I guess that's where we're at at this point.


Oh, they'll twist precedent and the law into pretzels to preserve Marbury v. Madison while giving Republican states free, unchecked reign over elections.

Pretzels.

Mark it.
 
2022-11-28 8:00:14 PM  

Hinged: KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


The big Democrat-run cities pretty much do that now.


Really? How so?
 
2022-11-28 8:09:26 PM  

Hinged: KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


The big Democrat-run cities pretty much do that now.


The big cities are where 80% of Americans live.
 
2022-11-28 8:12:00 PM  

jso2897: Hinged: KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


The big Democrat-run cities pretty much do that now.

Really? How so?


Fark user imageView Full Size
 
2022-11-28 8:13:25 PM  

realmolo: Oh, I forgot to add:

If they *do* rule in favor of this, it's essentially the end of democracy in the United States. And it will almost certainly start another civil war. Which will tank the world economy in a MAJOR way. It'll be the Great Depression times 10.

But, honestly, if the intend to end democracy in the US with this decision, I hope they do it *right now*, while we have a Democratic commander-in-chief.  He can send in the military to stomp on the states that start ignoring the voters. Though NATO/EU could get involved...it's just an unholy mess if this goes the wrong way.

I mean, in the end, the SC's decisions are irrelevant if the military says otherwise. I hate to see it come to that, and that is not how our country is supposed to work, but unfortunately, sometimes you have to break the rules in order to preserve the rules.

Farking Republicans, man. They're going to destroy the world, aren't they?


If it doesn't trigger a civil war, it's likely to trigger a world war when other countries realize we're the equivalent of the Nazis.
 
2022-11-28 8:29:55 PM  
It's worse than the article says. They could effectively pass election laws that claim the state legislature has total control over who wins in their state. Senators, representatives, and presidents? All Republican forever from every state that passes a law that allows them to do it. Votes? Who cares about those, right? Democracy is a bug, not a feature.

I've considered moving out of the US, but if this passes, I will begin actively looking for a work visa in a number of other countries. Balkanization might be the best-case scenario, but in any case, I don't want to be around when the shiat hits the fan within the next two years.
 
2022-11-28 8:33:04 PM  

RasIanI: Hinged: KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


The big Democrat-run cities pretty much do that now.

The big cities are where 80% of Americans live.


Not 'Real Americans'.

But seriously, the urban areas aren't announced from the 2020 census until next month. The numbers will be known then. Also 'urban areas' includes more than big cities, it's a bit of a misnomer but is used for funding strategies and various regulations associated with the classification. I could go into it more, but I'm not at work so imma go back to drinking and watching TV. Enjoy your apocalypse forecasting thread though.
 
2022-11-28 8:38:47 PM  
"Congress should--"

They won't, though.
 
2022-11-28 8:44:39 PM  
Ahhh, the much beloved 'BUT I DON' WANNA!' Defense.

Nothing but a toddler's interpretation of legal tradition. Really, so very much of the platform these folks deal in is skeined through that fine net of a toddler's wanna/don' wanna! Just hoping that folks will just give them the toy to shut them the Hell up.
 
2022-11-28 8:45:12 PM  
The Separate But Equalish States of America
 
2022-11-28 8:52:10 PM  
How old were you when you first learned the saying was not "nip it in the butt?"

I was now.
 
2022-11-28 9:00:49 PM  
There is a critical mass of corrupted red states and SCOTUS judges to actively undermine Congress.

Oh and the GOP now has control of the house, but, you know...."no red wave"
 
2022-11-28 9:01:56 PM  
Look, why don't we just go fully back to the Articles of Confederation? That's exactly what these people, who profess to love the Constitution oh so much, really want.
 
2022-11-28 9:03:53 PM  
cdn.meme.marketView Full Size
 
2022-11-28 9:52:54 PM  

EvilEgg: I think they might choose this case to try and prove they aren't a wing of the Republican party and still deserve respect.


LOL.
 
2022-11-28 10:26:14 PM  

RasIanI: Hinged: KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


The big Democrat-run cities pretty much do that now.

The big cities are where 80% of Americans live.


but that makes unhinged have a sad, so it shouldn't be allowed
 
2022-11-28 11:30:34 PM  

OhioUGrad: RasIanI: Hinged: KodosZardoz: So states should control federal elections.
What wrong with America in a nutshell. The minority rules the whole.


The big Democrat-run cities pretty much do that now.

The big cities are where 80% of Americans live.

but that makes unhinged have a sad, so it shouldn't be allowed


On the other hand; his comment makes him look like the shiat-eating farkwit moron liar he is, so it should be widely publicized for more people to enjoy some lulz.
 
2022-11-29 12:22:00 AM  
Fark user imageView Full Size


"Land doesn't vote, People do."
I don't know why so many people don't understand this.
 
2022-11-29 12:29:15 AM  

BMulligan: [cdn.meme.market image 605x470]


Andy's the Sheriff
Youtube DAMYSlE5Ja0
 
2022-11-29 12:42:09 AM  

tembaarmswide: [Fark user image 425x425]

"Land doesn't vote, People do."
I don't know why so many people don't understand this.


There are 2 senators that represent that little bit of New York.  How many senators represent that big swath of red?  That's a pretty significant difference in power.
 
2022-11-29 3:30:56 AM  
Could smite the GQP, you say?
Maybe we should take a moment before making any hasty decisions...
 
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