The Independent State Legislature Doctrine Could Reverse 200 Years Of Progress

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1426669

What happens to this case if Democrats improve their standing in state legislatures?

A guy can hope.

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There goes the 17th Amendment …

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

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It is time to take the bull by the horns and shut down the Supreme Court.

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Describing it as a doctrine makes it a doctrine. There is no such thing.

Need I remind that one of the reasons the GOP can be a minority party and still rule or bring the country to a halt is because they wrote the rules.

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The SCOTUS with Citz U posited that unions would be able to match the political contributions of for-profit companies. They also failed to put in place a mechanism to track that.

This was the end game. It is money vs the people, and the money won.

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The worst thing that has happened to the people of North Carolina since secession is when the Rethugs took over our Legislature in the Tea Party era. they have done more stupid, mean and useless things in their short tenure than the Democrats did in the 100 years that they held the majority. The “bathroom bill” that cost this state millions and made us the laughingstock of the entire world comes to mind.
Undeterred, they have gerrymandered, cheated and generally acted like Mafioso in districting, and have been shot down by the NC SC every time. This is why they have come up with this “Independent State Legislature” load of crap. They are going to bully their way through the US SC to get their way, and with this corrupt SCOTUS, they will probably be handed a win. The people of NC will be forced into regression to the 18th century by these old, white, fundementalist morons.

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Money and Bigotry…from different bookends

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There’s a simple fix for this. Vote. Vote Democratic up and down the ballot. Get more Dems elected. Make the Supreme Court irrelevant. If they want to overturn Dem legislation, let them, and then add more seats. They haven’t won a damn thing yet. The battle isn’t over. It’s only just begun.

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One has used the other since before Reconstruction. The Reformation is these ignoramuses weaponized and turned on the middle classes of the time.

I think they screwed up this time. Gays have money, the Jews have the bomb, and women have been working out.

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You are one of the few people here who do not predict defeat and then smugly act as though that connotes more insight and understanding.

In point of fact, voting to get a solid Democratic representation in both Chambers of Congress should have been a Battle Cry from Minute One of the Dobbs Era we are now in.

And it’s not just for things like this…it is also for the Planet we inhabit.

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Yes, yes, and yes, except that many predicting defeat aren’t smug, they’re terrified.

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Some days I whistle a happy tune.

Some days I think this country’s totally fucked.

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Yup, increase Dem representation in the states, hold the House and add more Dems to the Senate. We can do this.

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THIS. :clap:t3: :clap:t3:

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Under the Republicans America would not be a democracy but rather a modified dictatorship. As it is now, even though democrats have a razor thin majority in the senate the Republicans rule by their minority status behind the filibuster. Only under reconciliation does a bill get treated as it should by an up or down majority vote.
This is wrong and needs fixing.

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Let’s do ourselves a favor.

Let’s bypass the tut-tutting, the eye-rolling, the condescending requests to “calm down.” Let’s start there. We wasted decades with that bullshit every time someone said the right is going to strike down Roe. “Oh, it’s settled, stop whining.” Yeah, how’d that work out for you? Your fucking precedent?

So let’s skip over all that horseshit and assume that the fascists - and they are nothing but fascists - are absolutely 100% guaranteed to side with the oligarchs and make this insane, fascist doctrine law. Because Thomas is a fascist ideologue, Roberts is pathetic, Gorsuch and Barrett are fanatics and Drunky Brewster has been bought.

So, now, the question is what the fuck do we do? I say we vote like the apocalypse is the other option, then pack the fucking court. Because unless we bury them metaphorically first, they will certainly bury us literally because that is where all this is headed - one party rule, a thousand year Reich.

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Predicting defeat makes a whole lot more sense than shoving your head up your ass and yelling 'LALALALALALA I CAN’T HEAR YOU." The first step to fixing any problem is acknowledging there is one, but that first obvious step is clearly more difficult than being smug.

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This part of their plan I don’t understand. If one’s party picks the leaders and from those leader who will advance, then what’s the motivation of the lowly representative to try for higher office? Hell what’s the motivation to actually show up and legislate?

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