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What Does The Constitution Mean by a State Legislature
Law & Liberty ^ | 4/19/2021 | Mike Rappaport

Posted on 04/19/2021 6:21:06 AM PDT by Loud Mime

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To: kvanbrunt2

“And of course. No court can really enforce it’s legislation. The executive branches defer and enforce the courts legislative process.”

Yes, the courts have benefitted from their practices that should have been met frequently with “Madison moments” - go ahead, try to enforce it. Those moments should have been followed with heavy executive and legislative branch rebukes to courts acting as a legislature. The point to the courts should have been: if you want your judgements enforced then don’t intrude on our separate powers.


21 posted on 04/19/2021 9:16:37 AM PDT by Wuli
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To: Publius
A case can be made that if you are in favor of states' rights that each state should be allowed to do what it wants with regard to elections, even if what happens in an individual state might affect the results of a national election. So if the state of Georgia allows its judicial and/or executive branch to change election laws then so be it.

The Constitution is sometimes called in to support the rights of states, but is more often called in to support the rights of individuals within those states. When the Constitution favors the individuals, the result is further control being taken from the states and handed over to the federal government.

The Georgia case is interesting. Supposedly it was against the law for the state courts and executive branch to change election laws. Supposedly the legislature would have done something, but by law they were prevented from convening to oppose the judicial and executive actions.

However, if the state judiciary was in violation of Georgia law and they were in cahoots with the Georgia executive, then it would seem that the legislature could have convened regardless and stopped the crime.

That the legislature did nothing suggests that they believed two things: 1) It would have been bad optics to oppose the election rule changes and hurt their future political careers, and 2) The Republicans were still going to win regardless so there was no need to act.

I still believe that the Supreme Court should have taken the case. Even if they ruled in favor of allowing the election results to stand, it would have made it more clear that the long term effect of Bush v Gore favors the Dems since the ruling in that case is now considered by many to be equivalent to the Dredd Scott ruling.

22 posted on 04/19/2021 9:19:59 AM PDT by who_would_fardels_bear (This is not a tagline.)
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To: DrPretorius
At this juncture in our history, it is time to accept that the Constitution is truly a dead letter...

If that's the case, then we must reject the notion of a President, of a Congress, and of a Supreme Court, too.

If the Constitution is now a "dead letter," then Nancy Pelosi is just a loud-mouthed bully of an old lady from San Francisco, and Kamala Harris is just another woman who slept her way to a better job that is now gone.

They can't have it both ways: they can't declare the Constitution is "living" in all ways except those that define their offices. It either means what it said, or it's all gone and they can all go back home to their states.

-PJ

23 posted on 04/19/2021 9:20:11 AM PDT by Political Junkie Too (* LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: who_would_fardels_bear
So if the state of Georgia allows its judicial and/or executive branch to change election laws then so be it.

Again you are wrong. Your hypothetical is stupid. The Constitution says the STATE LEGISLATURE determines elections not the judicial/executive. They have no role. PLEASE READ THE US CONSTITUTION

24 posted on 04/19/2021 9:25:52 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: Loud Mime

They are trying to distort things so that obvious things like “a state legislature” is now up for interpretation. It is like say what is air? Or what is male or female?


25 posted on 04/19/2021 9:28:19 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: central_va
The US Constitution is what the Supreme Court says it is.

Reading the Constitution is now a waste of time.

26 posted on 04/19/2021 9:45:29 AM PDT by who_would_fardels_bear (This is not a tagline.)
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To: Loud Mime
The only constitutionally authorized ways to combat gerrymandering is through state or congressional legislation.

Is it?
Can a current state legislative body, through routine legislation, deny all subsequent legislatures a Constitutionally guaranteed role in state election procedure? How can they do that without amending the federal Constitution?

27 posted on 04/19/2021 9:48:09 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: Political Junkie Too

“If that’s the case, then we must reject the notion of a President, of a Congress, and of a Supreme Court, too.”

You got it! It is now our destiny to break apart into separate states and regions, just like the Soviet Union.

And that’s not necessarily a bad thing. When the Roman Empire fell and Italian city-states formed, like the Republic of Venice, the Republic of Florence, the Duchy of Milan, and the Kingdom of the Two Sicilies, there was a degree of freedom not known in the latter days of the corrupt and decadent Roman Empire. We’ve gotten to a juncture in our history where the illegitimate, tyrannical junta in DC is an obstacle to our liberty. There’s no way to avoid that fact any longer. State-by-state nullification, non-compliance, and secession is the only way to recover our stolen liberty and freedom. GOPee Delenda Est!


28 posted on 04/19/2021 10:03:33 AM PDT by DrPretorius
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To: DrPretorius
State-by-state nullification, non-compliance, and secession is the only way to recover our stolen liberty and freedom.

The only thing I would say to that is to exercise every Constitutional remedy there is before resorting to break-up as last resort.

The state legislatures still have an Article V convention of states for proposing amendments at their disposal. I've read all of the back-and-forth about the hopes and fears of such a convention, but total break-up as you suggest is still an option should the CoS fail. If states can "nullify" the federal government before a CoS, they can do so after one, too.

So, it behooves the states to garner the "goodwill" of at least trying such a Constitutional remedy first. If it's successful and the states can pass some structural amendments like certain term limits, or judicial overrule, or repeal of the 17th amendment, then we'd be in a better place to leverage that win as a framework for future CoS's.

If it fails, then the states have the example of having tried to keep the public on their side with whatever comes next.

-PJ

29 posted on 04/19/2021 10:14:17 AM PDT by Political Junkie Too (* LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Loud Mime; All
Every word in the Constitution is being questioned to deliberately create confusion to destroy state sovereignty imo.

The bottom line is that the corrupt, constitutionally undefined political parties are creating confusion because they don’t want to surrender state powers that the unconstitutionally big federal government has been stealing from the states for the last 100+ years back to the states.

To put a stop to unconstitutional federal government overreach, patriots need to primary (2022) federal and state lawmakers who don’t agree to do the following about state powers stolen by the corrupt feds.

When the federal government accuses someone of violating a law, judges and law enforcement officials should be required to do the following.

Judges and law-enforcement officials need to inform the accused of the constitutional clause(s) that arguably justifies the allegedly broken law for further scrutiny of the constitutionality of that law, especially where unconstitutional federal peacetime gun control laws are concerned imo.

30 posted on 04/19/2021 10:25:00 AM PDT by Amendment10
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To: Loud Mime

Hi.

I have a stupid idea. Repeal the 17th amendment and viola, you have your answer.

5.56mm


31 posted on 04/19/2021 10:28:08 AM PDT by M Kehoe (Quid Pro Joe and the Ho ain't my president.)
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To: M Kehoe

I have a stupid idea. Repeal the 17th amendment and viola, you have your answer.


I have studied the 17th for some time now; I believe that repealing it will not do a bit of good since most of the states are liberalized. The citizens must be properly educated, a task that the federalized school systems refuse to undertake.


32 posted on 04/19/2021 10:46:47 AM PDT by Loud Mime (A living and breathing Constitution empowers evil; Living and breathing Commandments do was well. )
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To: Publius

Thanks for the ping. The constitution seems clear to me. It’s up to the Legislature not the Governor, SOS, or the state courts. Those entities had no authority to circumvent the legislature’s requirements.


33 posted on 04/19/2021 11:06:39 AM PDT by greeneyes ( Moderation In Pursuit of Justice is NO Virtue--LET FREEDOM RING)
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