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FelineOverlord

(3,580 posts)
Wed Dec 7, 2022, 02:07 PM Dec 2022

State legislatures deciding elections would lead to mass uprisings against the Republicans

and probably lead to the civil war they want so badly.

I've thought about this since I first heard about Moore v. Harper.

There would be absolutely no way to accept this.

And there would be no way to fight it in court because they can't override the Supreme Court.

Democracy would be completely over and we'd have nothing else left to lose.

I'd rather be dead than live under a fascist dictatorship.

Duty2Warn is also worried about this:















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State legislatures deciding elections would lead to mass uprisings against the Republicans (Original Post) FelineOverlord Dec 2022 OP
What does the constitution say. That's all that matters. jimfields33 Dec 2022 #1
It's a mixed bag Zeitghost Dec 2022 #2
Article 2 Section 1 Jim__ Dec 2022 #5
The clear words of the Constitution negate the independent legislature theory sanatanadharma Dec 2022 #3
This message was self-deleted by its author Jim__ Dec 2022 #4
The "independent state legislature doctrine is a bonified danger. Legislatures would have free allegorical oracle Dec 2022 #6
Clarence Thomas is a compromised double agent. Initech Dec 2022 #7

Zeitghost

(3,862 posts)
2. It's a mixed bag
Wed Dec 7, 2022, 02:19 PM
Dec 2022

State legislatures have complete control over the selecting of electors to the Electoral College.

They have power with congressional oversight on the time, place and manor of congressional elections.

Jim__

(14,077 posts)
5. Article 2 Section 1
Wed Dec 7, 2022, 02:36 PM
Dec 2022

On choosing the Electors of the president:

The executive Power shall be vested in a President of the United States of America.

He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

sanatanadharma

(3,707 posts)
3. The clear words of the Constitution negate the independent legislature theory
Wed Dec 7, 2022, 02:30 PM
Dec 2022

Seems to me that the election clause itself repudiates the independent legislature theory.

Article I, Section 4, Clause 1:
"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

The election clause says Congress can negate (change) State choices.

Response to FelineOverlord (Original post)

allegorical oracle

(2,357 posts)
6. The "independent state legislature doctrine is a bonified danger. Legislatures would have free
Wed Dec 7, 2022, 02:45 PM
Dec 2022

rein to redistrict (gerrymand), to restrict voting procedures, and even to certify federal candidates who lost a statewide election like TFG lost. The theory was behind Eastman & company's insistence that swing states could supply their own slates of Electors on Jan. 6. There won't be any recourse for voters to resort to a state's constitution or Supreme Court to prevent that happening. The basis of the case (Moore v. Harper) is this part of the Constitution:

"The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislative thereof.",

What alarms me is that if granted by the SCOTUS, this doctrine is just a slap-and-tickle away from the Unitary Executive Theory that proposes all powers not specifically outlined in the U.S. Constitution belong to the POTUS. A person like TFG could launch an effort to establish a dictatorship...and possibly succeed.



Initech

(100,081 posts)
7. Clarence Thomas is a compromised double agent.
Wed Dec 7, 2022, 03:28 PM
Dec 2022

He needs to be thrown off the bench immediately, and Ginni needs to be arrested for conspiring to commit treason.

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