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Justice Antonin Scalia, Known For Biting Dissents, Dies At 79

Discussion in 'Off-Topic' started by Cutlass, Feb 13, 2016.

  1. Senethro

    Senethro Overlord

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    The party system is the worm in the apple of american democracy. Its been in there a good long while and had the time to hollow everything out.
     
  2. warpus

    warpus In pork I trust

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    It's not the party system that's the problem, it's the two-corporate-friendly-party system that's the problem.
     
  3. Aea

    Aea Prince

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    Por que no los dos?


    Sent from my iPhone using Tapatalk
     
  4. gay_Aleks

    gay_Aleks communism will win.

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    You know, it's odd. I've noticed something outright bizarre. Everytime something related to democracy in America happens, and it's bad, it's always the evil lobbyists and the corporations and the sell-outs who give out their souls to the mighty shady Corporations. Interestingly, it's also one of the reasons people explain why they don't vote. "Nuh, but it's all pre-decided!". No it's not you idiot. Go vote. Go make a change. C'mon.
     
  5. Sommerswerd

    Sommerswerd I'll sit with you

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    You're preaching to the choir... yeah he's the worst. Just be thankful you didn't grow up in CT (like me) having to listen to his repulsive whining sniveling swill your whole life. Or wait... did you say you were from New England too? :think:
    "More electable"?... I don't know, that's debatable. There's a big ballot access issue for Democrats. When you show up for the Presidential election in 2008 and have to wait in hours long lines to vote... yeah, its hard to get motivated to do that again for the midterms. Whereas when you can just breeze in on your lunch break, or on your way to work or on your way home from work, and vote in 5 minutes... why not vote in the midterms?

    That inconsistency of ballot access is a reality for Democrats versus Republicans, particularly in urban and densely populated Suburban areas, and even more particularly in poorer neighborhoods, and high-minority population neighborhoods. And that inconsistency is partly to blame for the skewed results.
     
  6. metalhead

    metalhead Angry Bartender

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    And even though we know exactly where that happens because it has been happening there for decades, we need to take away an extremely effective tool for maintaining whatever tatters of the franchise are left for the people thusly targeted for disenfranchisement. Thanks, Supreme Court!
     
  7. warpus

    warpus In pork I trust

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  8. Zkribbler

    Zkribbler Deity

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    Original intent of the Founders. Article II:

    What's going on in the U.S. ZZZZZZenant:

     
  9. Flying Pig

    Flying Pig Utrinque Paratus

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    Is there any procedural means to break such a deadlock, other than hoping that people will become sufficiently fed up with the Republicans for obstructing it that they'll have to budge in order to save their electoral prospects?
     
  10. Zkribbler

    Zkribbler Deity

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    Perhaps use the "nuclear option," that is, when the new Senate is sworn in next January, it can adopt new rules by a simple majority vote. All the artificial obstructions can be blown away.
     
  11. Dachs

    Dachs Hero of the Soviet Union

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    That doesn't really work if the new Senate is majority Republican.
     
  12. Cutlass

    Cutlass The Man Who Wasn't There.

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    The point to a separation of powers built into the Constitution is that the branches are in the long run all subject to checks and balances. But in the short run no branch by itself can really run roughshod over the country. It's a system which was designed to not get much done unless there was a pretty strong consensus to do it. Where that breaks down is when enough people get into office who would rather burn it all to the ground if they can't run it the way that they want to.
     
  13. Flying Pig

    Flying Pig Utrinque Paratus

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    Indeed - that depends on what I was getting at, namely convincing the voters that the Republicans in the Senate are neglecting their duties and shouldn't be voted back in.
     
  14. schlaufuchs

    schlaufuchs La Femme Moderne

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    Doesn't work when the constituents are either unaware of the problem or think that the obstructionism is laudable.
     
  15. hobbsyoyo

    hobbsyoyo Deity

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    This is why I said up-thread that they are going to stonewall on this all year. Then if the Dems win the election, they will just continue stonewalling. They have no reason not to; their base loves this crap.

    I think Obama's going to have to make a recess appointment in December/January unless Congress deliberately stays in session to prevent it.
     
  16. Sommerswerd

    Sommerswerd I'll sit with you

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    He could make a recess appointment right now... I think he has until Feb 22 to pull the trigger.

    I think he should just make the recess appointment and let the fight begin... let's get this show on the road. It's not like the Republicans are even pretending that they would give his nominee a hearing. They have said straight-out that they aren't going to do it. Trying to "embarrass" them into submission seems like a boondoggle. Just recess-appoint somebody qualified, then they are forced to actually vote the nominee out, or sue the President to invalidate the recess appointment... either of which will be just as "embarrassing" but at least then a Justice is actually put in place.
     
  17. hobbsyoyo

    hobbsyoyo Deity

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    Didn't realize they are still on recess. Yeah he should just do it now because they will not ever confirm another SCOTUS appointment. They've already declared it DOA so why not?

    I honestly think he's holding back to prevent blow-back on Hillary but I think the stakes are too high to pass on this.
     
  18. Flying Pig

    Flying Pig Utrinque Paratus

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    Indeed. I have to admit, it sometimes seems that US politics has more of these situations, where things just stop working because the different parties are gaming the system, than British politics. I suspect that's a necessary evil you have to take with the whole idea of limited executive power.
     
  19. metalhead

    metalhead Angry Bartender

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    I'd argue the system was pretty much designed this way. The country isn't 1/10th as divided now as it was back then; the constitution was basically the product of a compromise over slavery. The Southern colonies were not going to ratify any document that limited slavery, and the Northern colonies were adamant that at the very least, the transatlantic slave trade had to go. It was a delicate balance that I'm sure the framers knew would lead to, well, a civil war were it ever to be upset. So inertia is to be preferred over all other states of being, so that order can be maintained.
     
  20. Antilogic

    Antilogic --

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    Party systems come and go. We are on the 6th, and as you could probably guess from other posts, I think we are evolving to a 7th sometime soon.

    Another terrible decision Scalia was on. Didn't he use the phrase "perpetuation of racial entitlement" in the argument? Like, guaranteed access to a ballot box is privilege that mommy and daddy can take away?

    As Cutlass and others have noted, the short answer is no. The executive has no means to force a vote in the legislature to appoint a member of the judiciary besides shaming. And the American political process is becoming immune to that.

    If he's considering this route, he might as well roll the dice and appoint an iron liberal to the bench. He's going to be called a tyrant no matter who he appoints. And he should act on it now, I'm certain the Senate will find one guy to gavel the session in on from here on out. There will not be another recess for him to try.
     

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