Author Topic: The only fair thing to do.  (Read 798 times)

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Offline dutch508

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The only fair thing to do.
« on: February 17, 2018, 10:37:21 PM »
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Star Member randr (8,690 posts) https://www.democraticunderground.com/100210246131


Negate the corrupted election

Throw out the corrupted election and re-qualify a winner based on popular vote.
The only fair thing to do.

yeah... not gonna happen.

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Star Member SCantiGOP (6,505 posts)

20. It's called:

Trashing the Constitution and ending the rule of law in America.

I know where you're coming from, but we are just going to have to wait until 2020 to make it better.

There's a good chance we stole the 1960 election, which was decided by Illinois going for Kennedy. Most historians think that the Dems probably stole more votes in Chicago than the Repubs did in the southern part of the state, but no one would have advocated overturning the election if that had been proven.

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Jim Lane (10,180 posts)

34. About the 1960 theft

You're right that there's a good chance the Daley machine in Chicago stole Illinois for JFK. Still, he would have won even without Illinois's electoral votes. To make the election questionable, you must also cast doubt on the Democratic win in at least one other state (cough cough Texas cough).

As against that, there's a good chance that the Republicans stole California for Nixon through fraudulent conduct concerning the absentee ballots. In the official tally, Nixon carried his home state by less than half a percent.

Flip just Illinois, or flip all three states, and Kennedy still wins.

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Star Member Generic Brad (10,140 posts)

35. The Constitution has already been trashed

And rule of law in America has already ended. Criminals are fully in charge. They stole the House, the Senate, the Presidency and the Supreme Court.

There are no rules where we are now going.

 :lmao:    :loser:

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Star Member randr (8,690 posts)

6. We could have with a national referendum to throw out the EC and chose a President by popular vote.

 :rotf:

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Exotica (18 posts)

4. how do you propose to do this?

There is nothing in the Constitution that will allow this, nothing. The only thing that can be done is to to impeach and then convict and remove Trump, if Mueller can find charges serious enough to warrant a Republican-controlled Congress (hopefully after 2018 mid-terms it is just a Republican-controlled Senate, as the senate map is a huge reach for us to overcome) to do just that.

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Star Member Fred Sanders (21,495 posts)

14. Actually, new member, SCOTUS is a the ultimate arbitrar of all things constitutional.

If there were high crimes and misdemeanours by the elected government directly related to the very election that got that very same government elected a writ of cerotorai and mandamus would be the legal vehicle.

To say massive election fraud has no remedy is anti-democratic to the extreme.

Any more questions?

 :thatsright:   Fred is up there with the most stupid of the stupid DUmpmonkiez.

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onenote (29,912 posts)

28. Writ of certiorari? Mandamus?

Do you know what those are?

The Supreme Court has extremely limited "original" jurisdiction. In virtually all instances, it acts as an appellate tribunal, reviewing cases from lower courts. A petition for a writ of certiorari is vehicle by which the losing party to a lower court case seeks Supreme Court review -- and that review is discretionary with the court. And mandamus is a writ (also discretionary) issued by a court to a lower court or other governmental authority to carry out a non-discretionary act. It is an extraordinary form of relief and gives the Supreme Court no special power to unilaterally hear a case or overturn an election.

So you'd need a case brought before a lower court alleging some violation of a statute or some constitutional violation. Assuming you could dream one up, you'd still need to overcome the courts' reluctance to take "political questions" -- a practice that gives them great leeway to avoid certain types of cases. Assuming you get past that hurdle, before a court could ever consider overturning an election and ordering a new one -- something which itself seems to be without any constitutional/jurisdictional basis, there would have to be a trial, with discovery, at which it was proven by at least a preponderance of the evidence that whatever actions form the basis for the legal claim altered the outcome of the election. Good luck with that. Assuming it could be proven (how?) the trial and lower court appeals would take years before the Supreme Court ever got to the case.

In other words, it can't happen, it ain't happening, and its absurd to think otherwise.

 :lmao:

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onenote (29,912 posts)

33. The Gore "precedent"

By its express terms that case is “limited only to the present circumstances" and despite having had the opportunity to cite the case in the intervening 17 years, the Court has never done so. And even if it is a precedent for anything it is only precedent for an equal protection claim based on a standardless process for recounting ballots. Nothing more.

And no, the Supreme Court has not decided to take the immigration stay case before going to a lower appellate court. The Supreme Court, on Friday, was considering a request (made over a month ago) that it do so. It wouldn't be totally unprecedented for the court to agree to do so, but it would be unusual. But we don't know yet what the court will do. And in the meantime, the Trump administration is simultaneously pursuing an appeal of the decision in the Ninth Circuit.

The Supreme Court doesn't get to expand its jurisdiction because someone claims "emergency." And it won't do so.

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Golden Raisin (2,833 posts)

13. Assuming 2018 is not just as tampered with

by Russians, Republican gerrymandering, etc.

you should run grandma again!

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mythology (7,954 posts)

25. This would at best be incredibly stupid.


Well, come on now, sir... It is DU.

 :-)
The torch of moral clarity since 12/18/07

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