“I routinely have to explain standing doctrine to the popular press, and people don’t get it.”. . Martial Law is NOT codified.  Once the military is legally deployed via the Insurrection Act, there is nothing to prevent the President from declaring martial law. How’s the weather on your planet? Just remember that Dr Ed’s nickname here is “Shit-for-brains” and you’ll do fine. They are Executive Orders based on martial law that has not been lifted. Just trying to add to the edumuhcation of the peeps on TBP. I haven’t had (at least) two brain bleeds, one of which (by all reports) was damn near fatal. [For more info, see this research report  titled;  “Martial Law in the United States: Its Meaning, Its History, and Why the President Can’t Declare It”  (here).  It’s by the Brennan Center For Justice.  That sounds scary and swampy.  They claim to be bi-partisan.  Yeah, and I claim to have a twelve inch python in my underwear. Trump is a fucking idiot and it’s time for him to go away. However, the Mensa brag did detract from your argument, not add to it. Which is where it counts. Maybe you can explain what specific knowledge you have that Joe intends to serve out his entire four year term at his advanced age. “As a simple example in 2000 Gore’s people made the strategic decision to ask for a partial recount, and the Supreme Court said no, either a full recount or none;”. This is just the Deep State striking back at a populist President, cheated out of his election. He got his ass kicked. | Again, the two Justices could have ignored their longstanding beef about mandatory jurisdiction just this once. Maybe not, Ben — The Watergate Burglary was on June 17, 1972, with Nixon being sworn in the following January, hearings that summer, Agnew resigning that October, and Nixon resigning March 9, 1974. Maybe someone with better street smarts than I have would do a better job of seeing through political bullshit. “On December 31, 2011, President Obama signed the National Defense Authorization Act (NDAA), codifying indefinite military detention without charge or trial into law for the first time in American history”, “The law does not require even an allegation that a detained person caused any harm or threat of harm to the United States or to any U.S. interest. The Insurretion Act gives the President the authority to call out the MALITA. There were riots on Inauguration Day. Its courts were closed and replaced with military tribunals. | The two parties are in charge of everything and set up stuff to keep everyone else out (I think you basically said that). Alito and Thomas were very careful not to label their votes as “dissents.” They made a “statement.”. Interior or Exterior - All Year Round What injustice Ben. No outside institution or authority or explanation can penetrate. Just to emphasize — my point on the misuse of Standing is that it’s being used against a sovereignty in a liminal proceeding within what is (at least in part) one of its own courts. In an 1815 case, the Louisiana Supreme Court described Jackson’s conduct in New Orleans as “trampling upon the Constitution and laws of our country.”. So it’s hard to believe you “just saw the quote” at the link and didn’t see the context. More likely is that Trump hired somebody to take the test for him and his substitute failed. But an individual does not have standing to go before the Supreme Court as a court of original jursidiction. First, before the Court decided, Trump repeated his common refrain: "wisdom" and "courage" are on his side: If the Supreme Court shows great Wisdom and Courage, the American People will win perhaps the most important case in history, and our Electoral Process will be respected again! “This Court has allowed plaintiff the chance to make his case and he has lost on the merits.”, Trump asked for the rule of law to be followed, Ludwig noted, adding: “It has been.”, “Biden is the apparent winner of the election, the Electoral College will so declare him, and Congress will accept the vote of the Electoral College (that’s when he will become “President Elect”).’. It’s not bad back here on Earth. Though it’s funny watching Republicans line up to try…. Yes, good point. Democrats can only win with the votes of people the founders thought to either be too emotional or mentally inferior to themselves. Maybe you won’t be so eager to believe obvious nonsense next time, but I doubt it. All of the above are ongoing now, with the COVID ‘Lockstep’. #3: Keep the chaff flying every which direction to provide fodder for the right wing media to churn out more breathless articles to whip even more Republicans into a frenzy. Third, Trump continued his skepticism of "standing" doctrine. More of a decision on the proposed relief. Since Justices Thomas and Alito were probably the ones most likely to grant relief if anybody was going to do it, this probably says something, albeit not a binding opinion of the court, about the court’s view of the merits as a whole. Here is to our newfound political standards in 2021! ”. There was an election, “manner” satisfied. The full just reward for Trump and his elected enablers may have to await the verdict of history. According to polls, a lot of Americans have such doubts. Would martial law permit Trump to extradite Joe Biden to Ukraine to face criminal charges ? They both are. The appearance is that it’s a rigged game of “heads I win, tails you lose”. The details are all election “administration”, not “manner”. The Court could have structured the opinion to avoid any dissent. Why would FDR believe an unknown stranger with such unexpected and unlikely news? I get stats just fine. And the way she would not concede. It’s sure not how the Supreme court treated “manner” in Florida. Yes. I routinely have to explain standing doctrine to the popular press, and people don't get it. Doesn’t seem that ambiguous to me. What in the Paris Accords make you think anyone in the U.S. can sue a company for failing to implement the targets? – A conflict between states should never be resolved by a 12b6 in a a one-sentence order (clearly assigned by the CJ to himself) on a Friday night. Not sure how it has anything to do with the current discussion, but at least it’s about impeachment. And the way she kept tweeting and arguing that she won despite the electoral vote. Cloudy, with increasingly long periods of darkness starting in the evenings and ending at about dawn. But, it is codified. Yes, Jimmy Carter has studied vote fraud all over the world. I knew most of it, bur there were a few details I of which I was unaware. @Brett Bellmore: You say the election laws were, not just violated, but *grossly* violated. No, Ed. Remember? I am shocked! In 2016, a group of secular Democrats established a Secular Caucus at the Texas Democratic Convention. They failed this time, but they may not next time. I have been a member of Mensa for over 40 years, and spent four years on its national governing board, and ten years as chair of the local group. And just to reiterate: Wisconsin courts already said that all of these things were kosher under Wisconsin law. One complainer managed to shut down a popular local business. and remember we are not talking about standing in front of a lower court, there Trump has had no issue of standing to get his case heard. 75,000,000 votes! Instead of getting the president we voted for — and who won in a landslide — we have a paid ChiCom agent and his Communist sidekick. Even Trump and his most ardent supporters know they lost at the polls, have been laughed out of every court from which they sought relief, and that there’s no Plan B. This is particularly so because virtually all of the other challenges to the conduct of the election, in various State and Federal courts, have been dismissed almost immediately, apparently without in-depth consideration of whether misconduct in fact occurred. Instead of getting the president we voted for — and who won in a landslide — we have a paid ChiCom agent and his Communist sidekick. cunning, artfulness. Riots in DC on Inauguration Day. Standing is a fundamental aspect of separation of powers, and was usually and generally favored by judicial conservatives. Could be going from the frying pan to the fire. To the extent you participated you defended the changes. Legitimacy is not some idiosyncratic point of view; we don’t all have our own legitimacy, it’s an institutional attribute. What’d he ever do to you? Declare states like Florida and Mississippi in insurrection for not invoking Covid lockdowns and mask mandates? Elections need to be immune from partisan manipulation. If he has one now with Kamala Harris, he as president, would resign. Gore asked for a partial recount in his strongest counties, at the last minute so Bush wouldn’t have time to respond in kind, and he got it. . It was actually a fairly close election by historical standards. The Wosconsin legislature created an agency, the Wisconsin State Election Commission, to issue guidance about how to interpret the statutes. both act *real* fast they could conceivably render a decision in before January 6th. Obviously, in the case of the Court’s original and non-exclusive jurisdiction, it is a must. They may take a dim view of such Reactionary writings. Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. You have convinced yourself of something. His rationale is he is doing what’s best for the country, not necessarily what is right. First, are you proposing IQ tests for white people too — there are plenty of whites with IQs of 85 or below — or just minorities? If the Court does not issue a clear opinion on these issues, there is a risk they will fester and further undermine confidence in a Republican form of government and the ability of states and local governments to carry out elections. It just seems it would have been far cleaner to grant the motion, and then immediately dismiss it using the rationale used to deny the motion. “…what Constitutional rights do you think you actually have, in light of the Covid Nazis’ …”. The additional context is appreciated. Trump has already appealed Judge Ludwig’s decision in Trump v. WEC to the 7th Circuit, so if they and the S.Ct. The [Florida supreme] court further held that relief would require manual recounts in all Florida counties where so-called “undervotes” had not been subject to manual tabulation. Real sources, real arguments, real analysis. So, since many here seem to think it is a good idea, I did some research. Hamlet was obviously about the proletariat struggle against the aristocracy and bourgeoisie. And the ones that did provided no credible proof. You are conflating tactics with goals. In the abstract, it is unsatisfying to admit the government broke the law, but because no one was injured, that lawlessness goes unremedied. Most already believe the election was stolen and Biden’s presidency will be “illegitimate.” You will find a number of examples of this production right here in this comments section. I assume the suggestion is that instead the order would have read something like: The State of Texas’s motion for leave to file a bill of complaint is granted. 2.19.2021 4:45 PM. Unless they know there’s no more voting fraud than Kris Korbach found with his failure of a commission. I encourage you to read Howard Bashman's meticulous analysis. t seems that objections to rule changes before the election were dismissed due to lack of injury. Follow him @JoshMBlackman. @seanhannity This is a great and disgraceful miscarriage of justice. random people protesting when a Fascist wannabe gets inaugurated is different from potus pretending he did not get voted out of office. Help me out here. Who knows?  Some say the Big Boy Brass Balls club — who are all swamp creatures themselves — will not. § 334.4. Plus, when you think about it, their “statement” was not cryptic at all. Knowing wherever you saw the quote took it out of context should result in you not trusting that source anymore. Originally, Gore did NOT want a statewide recount. Ah, the quintessential “here’s a state that has done mail-in ballots for years, thus mail-in ballots are inherently secure” straw man. I don’t think trump will push things to the point that he has to be forcefully evicted from the White House, but I don’t expect him to gracefully concede (which is what he should do at this point) either. Burning Platform LLC - Also this was supposed to be a reply to DMN. Arm waving and big assertions. If the situation does not resolve itself, the President may issue an executive order to send in troops.”. Jackson paid the fine, and for the next 27 years, nothing more came of the incident. And only people who are totally out of touch with reality would say something like what you just typed. Either you recount them all, or you recount none. But for cases where people actually pay the filing fee.). Maybe they don’t know that ALL of us (the bad guys AND the good guys) will lose many many Constitutional rights and protections. Maybe he should set the SCOUS docket? There was no such thing as the National Guard in 1807. 2. That’s it for the electors clause analysis. Like Trump, you have no sense of the second- or third-order implications of a short-sighted grab for power. A Peace Corps American taught English to Chinese college students. White was brought before a military provost court. There should be not thing as a partial recount in a state. I’m not seeing any encouragement in having your motion granted (as a matter of protocol) then immediately stomped. On the other hand, I don’t think any of that is likely to have changed the election outcome and in any case the time to challenge that was before the election, not after you lose. And the sovereign People of the United States is not a power the government of Texas (not even the state’s sovereign, by the way) has leave to sue, or to constrain at all. That is a perfectly appropriate ground not to accept a complaint for filing under any legal regime. Indeed, I would warn all the commenters on this post that they likewise ought to be careful about being taken away, since we now no longer live in a democracy. My totally non-scientific observation after 40 years is that Mensans have about the same proportion of saints and sinners as the general population. I think it really was an f. So all Trump has to do is get into a Starbucks and sue from there, and he’ll have standing. But it’s got to happen somehow. If only we still held to the founders’ “wisdom” in not allowing women, or racial minorities, or people who don’t own property in their own name to vote, then maybe views as repellant as yours might actually have a fighting chance! “Brett, the theory behind the Texas suit, if it were sufficient to give Texas “standing” to challenge Pennsylvania’s election law changes, would give all of the other states exactly the same “standing” to sue Texas over its own election law changes.”. Fourth, the necessary implication of a standing ruling is that the Court did not weigh in on the merits. I tried to read this but could not get past the Marshall. The president keeps insisting on the urgency of $1.9 trillion in spending. The Wisconsin courts, for example, have already ruled that all of these “issues” are bullshit and that the things complained of all comply with Wisconsin law. Yeah, the ‘I’m in Mensa’ bit is something I did just ignore (life skill in my line of work). So the anticipated nonsense actually interfered with your point, even though you didn’t say it yourself. When the Court accepts original jurisdiction over a case against a State, the State must answer or move, otherwise, it is in default. It’s obvious he meant that he’d expect the same of Harris: Her coming up with some excuse to resign. More realistically, you will lose many rights.  Life as you know it will be no more.  Read this below (link is in the “Who can declare it?”question.). I think that’s exactly right. At the time, almost everyone rejected Jackson’s theory, which perhaps is unsurprising. You can’t keep postponing the results until every last participant is satisfied. And with you 70 million each that hate each other, you’ve covered about 40% of the country. You can’t build a party around that. The Supreme Court had ZERO interest in the merits of the greatest voter fraud ever perpetrated on the United States of America. 2.18.2021 2:59 PM. I think you lost your streak. As someone who has voted by mail for the past 16 years, I agree with that. Suck it up guys. He has gotten in wrong on every issue in this farcical legal challenge. Did you think Trump would? © 2020 Reason Foundation | Thank you for the succinct description of the problem. This is where you end up with ridiculous IQ credentialism. Right now it is just above freezing, 98% humidity and with what is too wet to be called “mist” yet not wet enough to be called “rain”. After Jackson relinquished control of New Orleans back to its civilian government, the local federal district judge held him in contempt of court, fining him $1,000. Dems seem intent for some reason to get us to employ the most fragile system possible and then abandon every safeguard in order to avoid “suppression.”. There is no conspiracy. That is how the Executive Orders are presented. As part of his defensive preparations, Jackson imposed martial law on the city. Remember, W Bush lied us into a war and in 2002 he was pressuring the CIA to torture detainees in order to elicit false confessions tying Saddam to 9/11. “Unfortunately, there are almost none of those left.”. Admin can still expose the lies and eviscerate TPTB. That aside, where to begin. In 1950 there were 16 workers per retiree. The army controlled every aspect of life in the islands, from criminal justice to parking zones and curbside trash removal. Deny it all you want, but those of us that aren’t on either team have watched it. When there are only 49 other state AG’s, that seems unlikely. We do know that she/he is willing to lie in a post, that many such posts include an unverifiable personal anecdote that Ed happens to know–that happens to exactly support whatever bullshit point he is making that day. The Ed.D. That’s not true. I don’t think that’s what they’re saying. NEXT: "SF Supes Step in First Amendment Quagmire in Seeking to Update Newspaper Contracts". We need MyGirl…maybe to tell us a story about Marshall Law and his lady friend Diamond Lil. 1. I agree with you. Law abiding states is laughable. The Deep State has no more ability to understand populism than those well educated Chinese students to understand individual rather than class struggle. That’s like a law saying the president can do a 7 foot high jump. Ability to self govern? This is why we need to destroy the existing parties. We swear an oath to an idea, or a set of ideas and values, that are embedded in our Constitution.”, ======================================== =. The ballots have an outer and an inner envelope used to preserve the secrecy of the vote, and different people in different locations process the respective portions. A law passed in 1807.  It gives the President authority to deploy active federal troops or the National Guard under certain circumstances to suppress civil disorder, insurrection, and rebellion. The processing of absentee ballots take place at central locations where large batches are run. For some reason, there are Two Idiots who voted you down. End of story. And the writ of habeas corpus [the right to a trial before imprisonment] may be suspended,” according to documents from JRANK, an online legal encyclopedia. In fact, the word “impeach” comes up only twice in the entire opinion, both times in the context of “impeaching” witness testimony. Kulpsville, PA 19443, Inquiries about advertising opportunities can be made by emailing me at. . In fact, my non-Mensa-eligible spouse, who has superlative street smarts, has kept me out of trouble more times than I care to remember. Because I’m getting a bit of a double standard vibe from you. The idea that the Court cannot reject a complaint for filing (within the Court’s exclusive/original jurisdiction) on the grounds of “we can’t be bothered to deal with this” seems fine to me (albeit not one shared by the majority of the Court). View all posts by Stucky. He was a stockbroker, not a soldier, and neither he nor his business had any connection with the armed forces. IQ != best policymaker. This is the set that first introduced Generation … Nonetheless, the reliance on the two constitutional issues by a very large number officials in all those amicus briefs in the Texas case suggests that it might be prudent to clarify them. You would not want to live in a country where the judiciary feels free to do “justice” without being constrained by the law and the rules of procedure. Just hope that it is not terminal. That is wrong. Pence will abdicate his moral duty on January 6 under the pretense of avoiding civil war, having been extorted, bribed, or threatened. Indeed, you’ve talked about women and emotionalism making them ineligible to vote. It was before we had a motor car, and we jogged along in an old coupé. “Should”, but I don’t think “will”. “Martial law” has no established definition. This is also referred to as admiralty law.”. Even if the base neither knows nor cares about them. Instead, just five days after being arrested, White was tried without a jury, convicted, and sentenced to five years in prison.”. Right and the holding of that case is that the Court has nothing to do with impeachment – i.e., no judicial review of impeachment because it is a political question.

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