READER COMMENTS ON
"Opinion: Is The Constitution Going To Be Used Against Democrats In November?"
(28 Responses so far...)
COMMENT #1 [Permalink]
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Jeff
said on 9/2/2006 @ 11:54 am PT...
"Is The Constitution Going To Be Used Against Democrats In November?"
The GOP will use everything and anything they can to maintain power. Even if it means sacrificing our freedoms. It surprises me that so many people don't have even a rudimentary understanding of what is at stake.
COMMENT #2 [Permalink]
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JStraight
said on 9/2/2006 @ 3:22 pm PT...
Surely the House is over-reaching, if their argument is that all House races, including primaries, are theirs to adjudicate because they involve "issues of membership" (as opposed to "seated members".)
How far back can they be allowed to reach? Can they impose their will on the Democrats at an election for U.S. Rep at the County Democratic Convention level? Under this jurisdictional ruling, could the GOP even decide who gets to be the Democratic nominees for House and Senate?
Gee, if the party in power can choose all the other parties' candidates and nominees, why not just have one-party rule then? BINGO!
COMMENT #3 [Permalink]
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Bob Mason
said on 9/2/2006 @ 3:32 pm PT...
Will there be an appeal of the California case? If a higher court can reverse the opinion, then there may be some hope to avert a one-party rule for the next century.
COMMENT #4 [Permalink]
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Sally
said on 9/2/2006 @ 3:45 pm PT...
Really you now have a right to openly declare that they are dictators. The Democrats can now use this defense publicly.
COMMENT #5 [Permalink]
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chabuka
said on 9/2/2006 @ 5:50 pm PT...
We have been warned, many have said that the Republicans will "contest" every election, if it does not go "their way" and as you are beginning to see..they will do so, and then say..."So...!, what you gonna do about it..get over it" Just what will we do...we don't seem to be able to even as much as the mexicans in Old Mexico are doing about their "fixed" election...How many people are still wearing their blinders and still screaming.."IT CAN'T HAPPEN HERE, THIS IS AMERICA".....!!!
COMMENT #6 [Permalink]
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oldturk
said on 9/2/2006 @ 7:41 pm PT...
So,.. what is the big deal here,..... ?
Hastert,... Rove,... Cheney,... Bu$$hco have our very
best interests at heart,.. ultimately they will do
right by us. A little more faith in your fellow man
would not kill you,.. a little less partisanship
would permit the system to run so much more smoothly.
Joe Lie-berman is on the mark,.. capitulation is so
much less confrontational than constant disagreement.
Can't we all just get along with each other ? God will
always guide our "rulers" to do what is best for us.
Relax,.. sit back and enjoy the power of your faith,..
as our destiny and that of our children unfolds
before us.
FASCISM: is quietly on the march. Don't be sad,.. be happy,.. better yet head down to your local Mall and just go shopping.
COMMENT #7 [Permalink]
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Agent99
said on 9/2/2006 @ 7:49 pm PT...
oldturkie, m'dear, you have SUCH a way with words.
xoxox xoxox
COMMENT #8 [Permalink]
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Mark S
said on 9/2/2006 @ 8:12 pm PT...
So, Carson District Judge Bill Maddox cited a Supreme Court ruling that OPPOSED his decision, and used it to justify his ruling.
Judges usually don't do things like that because they don't like to be reversed on appeal.
Maybe Judge Maddox belongs to the same country club as some of the judges on the appellate court and they've already assured him that he won't be reversed? Maybe they all own stock in Diebold and Halliburton and are major GOP donors? Heck, I can't think of a conspiracy theory wild enough to explain this one --- maybe he's just not too bright?
COMMENT #9 [Permalink]
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Mark S
said on 9/2/2006 @ 8:21 pm PT...
I got it!
Maddox and Hofmann (the judge in the CA50 case) know that eventually all appeals will end up in the Supreme Court.
And the Supreme Court proved back in 2000 that it doesn't give a hoot about elections or voting rights.
So all the judges have to do is keep dismissing cases until they reach the Supreme Court, when the Supreme Court will rule that sole power to determine the elections, returns, and qualifications of its members does not rest with Congress, as stated in Article I. Section 5 of some gawdammed piece of paper, but instead rests with the Unitary President.
We shoulda seen this one coming.
COMMENT #10 [Permalink]
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Lisa B
said on 9/2/2006 @ 9:16 pm PT...
Good report. They are going to find anyway they can to steal this coming election. They have to, if they don't some of them will end up in jail after the investigations start to happen. We are dealing with evil forces here. Can America be saved or is it forever doomed. That's the question.
COMMENT #11 [Permalink]
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Voice in the Wilderness
said on 9/2/2006 @ 9:19 pm PT...
Maddox also cited Nevada Revised Statute 293.407, which, in section 1, seems a little more to the point. (Although I'm not sure the law would withstand constitutional scrutiny. In fact, this law was probably already on the books at the time that the Nevada Supreme Court's seemingly contrary decision in Laxalt v. Cannon was rendered.)
At any rate, here's the statute for the record:
NRS 293.407 Filing of written statement of contest with clerk of district court; verification.
1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the general election for the office of Governor, Lieutenant Governor, Assemblyman, State Senator or justice of the Supreme Court, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, must, within the time prescribed in NRS 293.413, file with the clerk of the district court a written statement of contest, setting forth:
(a) The name of the contestant and that he is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
4. All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.
COMMENT #12 [Permalink]
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Adam Fulford
said on 9/2/2006 @ 9:38 pm PT...
This is scary.
Are American citizens too docile and submissive to take to the streets as Mexicans have done? Do the Supreme Court justices have any regards for the sanctity of accurately counting votes?
China might as well become "democratic" as well, using Diebold voting machines to pre-rig results.
The sole remaining gound for America's "moral authority" has crumbled.
COMMENT #13 [Permalink]
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dazzlemetruthful
said on 9/2/2006 @ 9:57 pm PT...
I remember reading some stuff linked from bradblog about a serious character (military or some such) saying that what is going on right now will ultimately backfire on those in power. He said when every avenue to petition the government is closed the only one left is violence. So don't worry because the Supreme Court will not hear these cases. If it happens that the fascist Republicans manage to pull off a miraculous victory contrary to all public opinion, mainstream and otherwise, in 2006 and 08, and if exit polls are once again scewed, those Republicans who left Feeney's meeting with Clint Curtis as well as the independents and of course non enabling Dems will get out on the streets and stop business until things get put right. Especially if they try to play the constitution card in every close election. That is so blatant, it doesn't have the cover that the voting machines have in terms of confusing people with technical jargon. One last point, I am of the opinion that people (not us law abiding citizens of course) but SOME people should hack those machines for third parties. Imagine if all over the country the green party was getting 90% of the votes, playing the current farce in the other direction, at least to show the retards in power that the blade cuts both ways? Definately a bad idea but oh how sweet it would be!
COMMENT #14 [Permalink]
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kim
said on 9/3/2006 @ 1:02 am PT...
For the past 2 election cycles it appears the Rs will exploit any venue to keep their stronghold on power.
I can't imagine them losing the power and risking the march to global dominance unless they hold on to it from now on. Especially because its been a very expensive road to get where there in Iraq and ME. To throw it away because a few votes don't go their way?
But then the leaders are missing like Tom Delay and his mighty network on K St to funnel money for those who traded their votes by voting lockstep. It might be the disruption thats needed and this scramble in many places. Both the courts and voting booth just might upset the applecart enough to throw it off. I'm hoping.
Democracy will have to be put aside if America is to hang on to its self annointed fascist quest.I think it is a requirement at least history say so.7
damn, I'm going to have to leave this country for it will not be the country my immigrant parents looked up to as the beacon of hope anymore.
COMMENT #15 [Permalink]
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Larry Bergan
said on 9/3/2006 @ 1:46 am PT...
When Hastert swore Bilbray in, the other "members" of the house weren't even consulted, were they? Was it in secret?
Come on Democrats! If this nice little old lady Busby can come out and express outrage at this, what about YOU. Aren't you "members" of the house of representatives.
Oh never mind. I forgot that anybody they want can be picked by just saying it would cause "irreparable harm" to the person they want!
If Marine machinists and computer scientists have now become election experts in the absence of competent election experts, then why not make them judges too. SOUNDS GOOD TO ME!
Oh never mind, I guess we won't need judges anymore! I can't remember who it was, but some Republican was making a case that the congress should be able to overturn any judge's decision anyway.
Maybe YURI can bend spoons for a living now!
COMMENT #16 [Permalink]
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Floridiot
said on 9/3/2006 @ 6:11 am PT...
Thom Hartmann had a good write-up about what we're going through now as they were back in the good old days
Has quite a few quotes from V.P. Wallace and FDR
as always, a good read
Link
And yes, I think they will do anything to stay in power
This write-up freaks me out, totally
Link
COMMENT #17 [Permalink]
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Miss Persistent
said on 9/3/2006 @ 8:10 am PT...
Another very important thing to consider: Dr. Elsewhere over on Cannonfire asks, "Just why is it no one, not a MSM soul I'm aware of, is even wondering out loud just why it is that Karl Rove is conducting election campaign business for the Republican Party from his office in the WH, and on our tax dime? And who pays for his flights to precincts and fund-raisers, and who pays for the phone calls and letterhead, and which does he use, WH or RNC?"
Personally, I'd feel alot better if I weren't PAYING for Rove to help screw the U.S. over again. Is there anything we can do about this?
COMMENT #18 [Permalink]
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George
said on 9/3/2006 @ 8:14 am PT...
It is absurd to have a system that can be gamed by the winner, using the simple act of swearing the putative winner into office. This is a terrible precedent.
The whole process of check and balance is being undermined when people are being muscled into office like this.
I hope the Dems make a big effort to change how all this works when they return to power in November.
COMMENT #19 [Permalink]
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Joan
said on 9/3/2006 @ 8:46 am PT...
I have a stupid question...something I feel I should know but don't:
This primary we're having in Florida on Sept 5th (early voting going on now)...
Is Bill Nelson's name not on the ballot for US senate because there are no other dems vying for his seat?
Could someone please enlighten me? And I will don my hair shirt & do penance for my ignorance.
COMMENT #20 [Permalink]
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Floridiot
said on 9/3/2006 @ 10:56 am PT...
Yeah Joan, he is it, with no place for a write in either (at least on my absentee ballot) The Party that you register for make up the primary ballot so theres no way of putting someone else on
If you register Indy, you only get to vote on the non-partisan races in the primary
COMMENT #21 [Permalink]
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Laura
said on 9/3/2006 @ 11:58 am PT...
OT Hey Everybody, what are you doing this Labor Day? May I suggest getting all this pent up anxiety on Paper or cardboard and hitting the Freeways. http://freewayblogger.blogspot.com/
COMMENT #22 [Permalink]
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big dan
said on 9/3/2006 @ 6:50 pm PT...
Very insightful reporting. Do I have to ask...is the MSM reporting these important goings-on? Let me guess...of course not. How far can the Republicans go? Does everyone notice, it's always and ONLY the Republicans doing things like this??? THEY are the ones killing our country's democracy, that is what they want. Never trust Republicans, never, never, never. The MSM is complicit in not making a big deal out of any of these stories which involve Republicans stealing democracy. The MSM is supposed to enlighten the American public of things like this, with front page stories.
COMMENT #23 [Permalink]
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Joan
said on 9/3/2006 @ 7:22 pm PT...
Thanks, Floridiot.
I voted today. Hardly anyone there. It went smoothly. Seemed almost...legitimate.
I wore my ITMFA button.
COMMENT #24 [Permalink]
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Floridiot
said on 9/4/2006 @ 5:01 am PT...
Joan said, "Seemed almost…legitimate."
I say yeah, up until you voted and hit the "done", it probably was
ITMFA is good too
COMMENT #25 [Permalink]
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phil
said on 9/4/2006 @ 10:22 am PT...
(Tried to post this yesterday but my ISP's entire dial-up modem pool went dark--After I had it all ready to type in the captcha and hit send .)
There is *ONE* Federal Standard I have noticed about all the electronic voting machines and their networks.
1. They can never validate the count.
THIS IS SPECIFICALLY BY DESIGN
ALL Electricity and digital signals are invisible, ALL parts *will* burn out, chips *will* be replaced and specially crafted ones (at the doping level) swapped when needed, and what's printed on paper can and will NEVER be compared 100% to the electronic machine. ALL Software can be manipulated.
The whole thing is a DELIBERATE ABUSE OF TECHNOLOGY.
If votes can't be counted, then courts will decide, and if courts are deciding, then you have NO RIGHT TO VOTE ANYMORE!
Corrupt people get sworn in and break their oath of office. There's no accountability, no responsibility, no leadership, no common sense.
So, yes the Constitution (yes, the amended, and shreded one) is being used against anyone and anything that tries to oppose this catch 22.
There needs to be a shiny new safety valve on the United States Of America. A valve has a TEE to jail folks that break their oath of office, Another filter dis-allowing one party mindset to infiltrate every branch of government, and every government apointee, and another one where if someone is found corrupt, all the apointees, and legislation that corrupt person passed gets rolled back, contracts nullified, justice set straight.
(interesting the Captcha had "EFF" in there!)
COMMENT #26 [Permalink]
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BOB YOUNG
said on 9/7/2006 @ 7:36 am PT...
"The pertinent part of Article 1, Section 5 says: "Each House shall be the judge of the elections, returns and qualifications of its own members,……..". Note the phrase "of its own members"."
I'm just as much of a member of the house as either Dean Heller, present Secretary of State, or Sharron Angle so when do I get to pass judgment on this issue?
I take it that logic is not a GOP strong point. But with the power the GOP now has does logic even matter anymore in our "democracy"!
COMMENT #27 [Permalink]
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Citizen Michael John Keenan
said on 9/7/2006 @ 12:31 pm PT...
Using Jim Crow techniques to steal votes from whites in California and Nevada! To bad we can not invoke the Reconstruction Act in California but history shows why Dennis Haskert will lose in his efforts to DICTATE AN ELECTION outcome. See history link and excerpt below:
www.ccr-ny.org/v2/about/history01.asp
1966 CHAMPIONING THE MISSISSIPPI FREEDOM DEMOCRATIC PARTY
Racial, Social and Economic Justice
CCR's founders used their new legal techniques and strategies to help strengthen the organizing work of the civil rights movement. One important struggle was the challenge to the seats of the five Mississippi Congressmen by the Mississippi Freedom Democratic Party (MFDP). The MFDP was founded by the leadership of the Mississippi African American movement in 1964 because the regular Democratic Party there represented only the white power structure. Its goal was to represent the poor of the state, both black and white. In the mid-sixties, southern black communities took enormous risks and put tremendous energies and resources into making their right to vote a reality, and the MFDP asked the help of the CCR founders to achieve this. They initiated federal litigation challenging the discriminatory voter registration practices of Sunflower County, Mississippi, where Senator Eastland had a 5,000 acre plantation. The MFDP succeeded in forcing Sunflower County to register all voters without the discriminatory literacy test. The white politicians attempted to thwart the new voters' rights by forcing a rapid election that would deprive them of the vote under a Mississippi state law that required a 4-month waiting period after registration. The lawyers were not successful in the lower courts in their attempt to have the election postponed, but in an unprecedented decision, the Court of Appeals set the election aside and scheduled a new one (Hamer v. Campbell, 358 F.2d 215, 5th Cir., 1966). The victory in this case established the precedent that denial of voting rights to Black citizens could result in the setting aside of an election, not just an admonition.
Bushes fascists are right under our nose.
COMMENT #28 [Permalink]
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brantl
said on 9/7/2006 @ 7:52 pm PT...