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02 November 2020

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blue peacock

I like our constitution the way it is, in particular the electoral college. This makes sure of the need for geographical distribution of support for a president and prevents a few highly populated urban areas from dominating the executive branch. IMO, the only reason we have remained a republic is due to the current constitutional framework and the general acceptance of it over the centuries since it was ratified by the states.

Couple constitutional amendments I would support:

- Repeal the 17th amendment
- Add an amendment that clarifies the primacy of the natural rights of citizens over any right asserted by the state and by organizations including corporations and that organizations do not have personhood. This amendment should also clarify that any personal information including behavioral information of an individual belongs to them and cannot be used by anyone without their express permission except in cases of criminal conduct.

IMO, the judiciary have become more & more activist and ruled using a lot of legal sophistry to increase the power of large economic interests. Santa Clara County vs Southern Pacific Railroad and Citizens United come to mind. I'm not sure how this can be curbed.

Deap

AK, the media has feasted on TDS for five long years. They got fat and lazy.

Who will the media be, what eyeballs will they pursue if Biden wins? Will they suddenly turn into the All Rainbows and All Unicorns networks. after their years on their junk food diet? That intrigues me.

The media made money hating Trump; not loving Biden. Biden-Harris in any form is media box office poison - both perform very badly in front of the cameras, generate no loyalty or following and without the government employee union block vote (and wholesale cheating), they are nothing.

There will be some serious Monday morning realities checks going on after the final count and the media has to find something positive in the Biden-Harris agenda, which is coming after them too since they are the "elite fat cats" this "progressive crowd" is poised to fleece until their eyeballs spin.

If Biden had traction, he wuold have been an early front-runner and never looked back. Except he wasn't. If Harris had traction, she never would have dropped out before the very first primary votes were cast.

You can have two winners when you own and rig the voting systems; but you can never have two winners who can win the heart and minds necessary to lead this country - from sea to shining sea.

No one loves government bureaucrats and that is the only base Biden-Harris will have. Very, very shaky foundation. They are too personally repugnant to make up for just "not being Trump".

downtownhaiku

To Scott re Hawaii
Hawaii ballots can be mailed in as you say. But they can also be placed in designated drop boxes located in many different places, some in county owned locations, others on private property.

rick

"I would rather see the federation dissolved then to live under New York Florida, and California rule."

On behalf of NY, heaven forbid you ever should.

ked

l did not explicitly state that my approach was extra-Constitutional. I should’ve more directly responded to your question Col - I communicated poorly. I also skip intermediary steps sometimes.

Allow me to “revise & extend” my remarks a bit.
a) as mechanism, I am not suggesting anything outside of what is defined in Article 5 to initiate a revisiting of the architecture & content of the US Constitution.
b) I believe the traditional mechanism for crafting & processing amendments is insufficient for a successful comprehensive re-write. I believe that after a quarter-millennia of experience & change a complete rewrite is desirable. I do not know if it is possible.
c) the alternative Article 5 mechanism is, “The Congress ... on the application of the Legislatures of two-thirds of the several states, shall call a convention...” I’m appealing to Governors to drive this Article 5 process to trigger a Convention by getting their state legislatures to meet the 2/3rds criteria.
d) now, this will be highly controversial (I’m guessing):
- that the Convention does these things;
1) passes an amendment stating that the Constitution will be replaced in toto by “the following... a New Constitution”.
2) the New Constitution (hat tip to The Who) will “clean up” the original by integrating all previous amendments into the appropriate Articles, removing language mooted in doing so.
3) the NC will include a New Article that identifies human, civil & private rights as contained in the first ten amendments (& elsewhere, as applicable) of the Original Constitution.
4) the Convention may also introduce new structures & rules in the NC via the Article 5 criteria.

My narrative response to you Col was about the political approach that might get around our ossified ways & means of amending the Constitution & the powers sit at its control panel.

I’ll respond to the other direct critiques after a breather, attending to a few responsibilities & fixing a cocktail as the early signs emerge.

turcopolier

ked

You are 25 years old? If there is a constitutional convention what happens when some states refuse to ratify the new documents?

Leith

Show me an independent source that PA polling officials are claiming they will count votes that have not been verified. That smells like a red herring to me, a very old one.

As for postmarks, there are none if your ballot is submitted via drop box. Those drop boxes should be collected or locked up at midnight tonight. To expect them to be counted today is a bit cockeyed IMO.

ked

Good question Col. a CC is risky - no question. not much in the way of precedent, nor certainty of discipline among participants.

I think the consensus response to the case you posit would be that those states must abide by the rules set out in the Original Constitution‘s Article 5 if & as carried over into the New Constitution. The USSC might be tasked to weigh-in clarifying the matter. “It depends” These kind of issues can become narrow or wide - influenced by aspects that cannot be foreseen from this range. It would not surprise me if this process of renewal took 5-10 yrs.

I think your point speaks to a wider question... do Americans & their chosen representatives give enough of a damn, are they adequately wise to govern themselves? If not, ought the Experiment be concluded anyway?
I sure wish I were 25 again!

Leith

I got a last minute email from the Trump campaign. They claim any campaign donation I made would be matched by 1000%. I was never good at percentages. Does that mean if I donate a hundred dollars, that someone else will kick in a thousand? Who would do that? Or is this a scam?

turcopolier

ked

It is not a question of "discipline." A CC essentially dissolves the Union and puts the states in the same position they were in when asked to ratify the present constitution.

ked

Col, I am aware of that interpretation of a Constitutional Convention. Why did the Founding Fathers include it? What was the debate about it? Who worded it? I must return to more study of the Constitution’s genesis.

To be as clear, my personal opinion is that;
- the Constitution requires a comprehensive revisiting - from content to word-crafting.
- doing so will be a test of the American Experiment - it’s people & institutions.
- it will (& should) take time.
- alternatives (ie the “traditional process”) are not adequate to address the flaws, nor as likely to engage the polity. however, it may prove an efficacious path once the national political dynamic ignites the matter. this is hard to know in advance.
- there is risk, but it is overcome by the value of recommitting our Nation to its core values - as stated in the motto: “Novus Ordo Seclorum”.
- a CC will be of value in dampening the likelihood of violent civil disorder.

Thanks for forcing me to sharpen my pov.

turcopolier

ked

C'mon, man. It is obvious that changes produced by a CC would require ratification. Therefore ...

Fred

ked,

"CC will be of value in dampening the likelihood of violent civil disorder"

You mean BLM/Antifa won't get upset over what gets rigged by the elites? Ah, a New Order for the Ages where they are in a permanent majority. Good luck.

ked

Yes sir, it would. The political tenor of the times could have a great impact upon the formal process. Even Congress might be aligned w/ the will of the people (well, more than usual anyway) if the process extends over a few election cycles.

We don’t have much left that’s a positive, formal civic experience shared by all in the United States. I think we’re up to the challenge - possibly more than our leaders.

Fred, I don’t find evidence of BLM to be the Great Threat that you seem to, & Antifa is another fantastic Other to make for easy target practice. I do find that your critiques are so colored by ideology to be predictable.

Walrus, there are & have always been rock-dumb humans. no reason not to try to minimize rock-dumbness. do you find education & health to be wasted on them? To your point on the doctrine of progress & kids-these-days vs the Founding Kids... you are so far afield from my opinion on the topic I’m not sure how to respond. I think you may’ve read too much into my desire to get some youth injected into our gerontocracy. Maybe you could contribute an article: Human Progress : Threat or Fantasy?

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