The Jungle is self-supported by showing advertisements via Google Adsense.
Please consider disabling your advertisement-blocking plugin on the Jungle to help support the site and let us grow!
We also show significantly less advertisements to registered users, so create your account to benefit from this!
Please consider disabling your advertisement-blocking plugin on the Jungle to help support the site and let us grow!
We also show significantly less advertisements to registered users, so create your account to benefit from this!
Questions or concerns about this ad? Take a screenshot and comment in the thread. We do value your feedback.
MSNBC Legal Commentator Claims the US Constitution Is 'Kind of Trash'
|
03-05-2022, 10:37 AM
(This post was last modified: 03-05-2022, 10:38 AM by mikesez. Edited 1 time in total.)
(03-05-2022, 09:57 AM)Sneakers Wrote:(03-05-2022, 08:51 AM)mikesez Wrote: How long? Wouldn't it be better to just set a maximum age? How you or I feel about AOC is irrelevant to term limits. A term limit would bite representatives we agree with and ones we disagree with. Do you have any better reason to want term limits? Have you considered the downsides? In Florida the state legislators have term limits. Yet when the speaker of the house or the President of the Senate gets to their term limit, they already know who the next one will be. And the one after that. The same elite lobbyists have a stranglehold on the process regardless of who the figureheads are. Did you not notice that? But if the elected official actually has more experience than the lobbyist, maybe they will stand up to the lobbyists.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
We show less advertisements to registered users. Accounts are free; join today! (03-05-2022, 10:16 AM)The Real Marty Wrote:(03-05-2022, 08:51 AM)mikesez Wrote: How long? Wouldn't it be better to just set a maximum age? You have to look at how the VRA jurisprudence actually works. This type of racial gerrymandering doesn't just happen anytime there are a significant number of racial minorities. The minority have to be the majority in a compact area, and numerous enough to control that area if the area were given a district. The minority have to be relatively homogeneous in their voting preferences. They have to have a clear "candidate of choice". There has to be a recent history of the ethnic majority voting against the candidates that the minority prefers. In other words, there has to be recent history showing that the majority doesn't have to, in your words, "pay attention to them." If the history shows that the winning candidates are paying attention to the minority, then there is nothing to remedy and district lines don't need to be re-drawn. As for what the Republicans do today, they pack and crack for partisan gain. Good judges applying the VRA will try to ensure that just the right number of the ethnic minority are in the district, no more and no less. Bad legislators claiming to apply the VRA will either pack too many into the district, giving the minority one seat where they could have influenced two or three seats, or too few, giving them no seats at all. So we're already pretty close to "as good as it gets" on this issue, but it would be good if US Congress would give federal courts clearer guidelines on all of this. Roberts said he doesn't have to police the partisan outcomes of district lines because the VRA doesn't speak to partisan outcomes. He's right. But a new federal law should speak to them. This doesn't have to be a constitutional amendment. Like you, I'm frustrated when an election is decided in the primary and the general election is a foregone conclusion. The new federal law for district boundaries could say that they have to make as many competitive districts as possible, after they're done protecting the minorities and establishing partisan balance. But such districts would end up pretty snake-like. I'm not sure that's a good idea. A better approach would simply allow voters to pick more than one candidate in the general election. That would encourage independent candidates to run, and independent candidates don't have to go through the primary. That doesn't have to be a constitutional amendment either.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
(03-05-2022, 10:37 AM)mikesez Wrote:(03-05-2022, 09:57 AM)Sneakers Wrote: An age limit doesn't fix the problem. Do you want Cortez to have a platform and influence for the next thirty years? I don't. Cortez is just an example of how an age limit doesn't fix the problem. Power corrupts and those who get it become addicted to it. Claiming "experience" and "influence" is just self-serving rhetoric to justify seeking more of it. For every favor owed in Washington, one is owed in return. I'm tired of the dealmaking.
When you get into the endzone, act like you've been there before.
(03-05-2022, 11:18 AM)Sneakers Wrote:(03-05-2022, 10:37 AM)mikesez Wrote: How you or I feel about AOC is irrelevant to term limits. A term limit would bite representatives we agree with and ones we disagree with. Do you have any better reason to want term limits? But I'm asking you to take a clear eyed look at places with term limits, like Tallahassee or Mexico. Does this eliminate the deal making, as you call it? I don't think so. Deal making is inherent to any participatory process. People know they can't get everything they want, so they try to get as much of what they want as possible. The problem is they're not open about what they want because a lot of what they want is self-serving and under the table. This happens regardless of how long they've been in office. The only reason the ones who have been in office longer seem to get more is because committee assignments are done by seniority. We could demand that committee assignments be done without regard to seniority and it would fix the problem. No term limits needed.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
03-06-2022, 10:12 AM
(This post was last modified: 03-06-2022, 06:20 PM by mikesez. Edited 1 time in total.)
In 2014, Antonin Scalia and Ruth bader Ginsburg gave a joint interview, and one of the questions was if they could wish one constitutional Amendment into adoption, what would it be.
Ginsburg said she would wish for the equal Rights Amendment. Scalia was not specific, but said he would wish for an amendment to make future amendments easier. I agree with Scalia, it is too hard to amend the Constitution. The legislature just cannot build that kind of consensus. Which is why all this pressure falls on judges to reinterpret it. Something as simple as requiring the state legislatures to give every proposed amendment an up or down vote within a year, or going the other way and requiring US Congress to actually bring things proposed by the states to the floor. The article V process for a convention of states is ignored, and that needs to change.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
We show less advertisements to registered users. Accounts are free; join today!
Maybe if judges and justices weren't so liberal in their interpretation of the law, it would create the impetus for amendments.
(03-06-2022, 02:24 PM)Lucky2Last Wrote: Maybe if judges and justices weren't so liberal in their interpretation of the law, it would create the impetus for amendments. I think the impetus is there regardless. But the amendment path is too hard and the "appoint the right judges" path is too easy.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
We show less advertisements to registered users. Accounts are free; join today!
Sure, I get that. I guess it's too much to ask for them just to do their job.
(03-07-2022, 08:45 AM)Lucky2Last Wrote: Sure, I get that. I guess it's too much to ask for them just to do their job. At this point it is. Not just too much, but too late. We have over 100 years of them inventing new legal doctrines and interpretive frameworks.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
Just look up standing, for instance.
Other countries have very open interpretations of standing. A plaintiff hoping to demonstrate that a statute or action is unconstitutional doesn't have to demonstrate direct connection to real harm. It is presumed that everyone is interested in the constitution being followed. Used to be that way here. But that changed in the 1920s. You can go a little earlier, 1902, where the court ruled that there was a protected but unenumerated liberty called the "freedom of contract" and that even a duly passed state law was not the "due process of law" mentioned in the 5th and 14th amendments. Which might not have been a big deal except for the fact that states and the federal government had been regulating contracts throughout American history up to that point.
My fellow southpaw Mark Brunell will probably always be my favorite Jaguar.
(03-06-2022, 02:24 PM)Lucky2Last Wrote: Maybe if judges and justices weren't so liberal in their interpretation of the law, it would create the impetus for amendments.That is the biggest problem (03-06-2022, 02:32 PM)mikesez Wrote:The issue is that the constitution doesn't need to be broad but the government has given itself too much power. States should have most of the power but it has been given up over time because the elites get in power of the states and didn't fight the power grab.(03-06-2022, 02:24 PM)Lucky2Last Wrote: Maybe if judges and justices weren't so liberal in their interpretation of the law, it would create the impetus for amendments. Limited federal power means limited constitution. A new one put out by the liberals would probably end up being over 10,000 pages ... unless they just put the government can do whatever they want. Sent from my SM-S901U using Tapatalk We show less advertisements to registered users. Accounts are free; join today! |
Users browsing this thread: |
1 Guest(s) |
The Jungle is self-supported by showing advertisements via Google Adsense.
Please consider disabling your advertisement-blocking plugin on the Jungle to help support the site and let us grow!
We also show less advertisements to registered users, so create your account to benefit from this!
Please consider disabling your advertisement-blocking plugin on the Jungle to help support the site and let us grow!
We also show less advertisements to registered users, so create your account to benefit from this!
Questions or concerns about this ad? Take a screenshot and comment in the thread. We do value your feedback.