dead_ringer said:
art. II is silent as to how the states implement their popular voting scheme, which is exactly the problem.
...
Art. II only states when and in what manner the states must certify and submit the results of their electors' decision. again, it does not address a uniform federal system of implementing a POPULAR election for president.
Yes, it actually DOES address that point, quite succinctly. Art. II clearly states that the state legislature is soley responsible for determining how the electors are chosen. It's the first sentence of the second paragraph, or third sentence overall. Read it again, twice if you need to.
The vote certification that you're talking about is the certification of the *electoral vote* not the popular vote. The sole purpose of the popular vote is for choosing the electors.
this is the entirety of my point, not that the states don't ACTUALLy submit the vote to congress. we all know that. congress is not precluded from doing this implementing a uniform popular vote; it just hasn't done it. if you are arguing for a broader interpretation of Art. II, i disagree becuase the text seems to say exactly what it means. in terms of process it is quite explicit - more so than many other provisions of the document.
Yes, it is quite explicit. It explicitely says "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..."
This precludes congress from determining the manner in which the electors are chosen.
again, the crimes clause portion of section 2 does not refer to state "felonies," but rather cimes similar to insurrection or rebellion (which is why they are mentioned together). if the opposite was true, "other crimes" would include moving violations in some states - again an argument for uniformity, not against it. this was the understanding at the time following the civil war. i concede that the congressional discussion does not clarify that as well as i had hoped. but that is the historical context.
It says "other crimes"... Not "other federal crimes" not insurrection or rebellion alone... It says "rebellion or other crimes". If you can show that "other crimes" was intended to be limited in some way, then do so. You have not. Yes, "other crimes" could include moving violations. That it doesn't is evidence that no state has yet lost it's mind. All that Amendment 14 prevents is you losing your rights without *DUE PROCESS* . Even if you were correct about the "other crimes", the amendment grants that people can be legally disenfranchised for other reasons.
of course serving time is a condition of servitiude. it is not slavery per se. if it meant ONLY slavery, then "other condition of servitude" would not be included. that is debatable of course.
It doesn't say "other condition of servitude", it says "previous condition of servitude", and they meant slavery. If they *hadn't*, then your argument would have some sort of precedent.
Regardless, as I said, the argument you are making is irrellevant. Nobody is advocating taking away the right to vote based on jailtime, but based on their conviction of certain crimes. They're not the same thing.
Hey argue one thing at a time. If you don't like the Electoral College fine, but that is what we have and you vote for an elector not the candidate. ThatÂ’s what I have been on your case about. What you disparaged me about when you had the facts wrong. Want to discuss something else fine, but finish what you start.
In addition the feds can't pass a law that the state have to pay for. Woops the counties (branch of stat gov) pay for the elections don't they.
again, i am not trying to get into a discussion on the merits of the electoral college. others have brough in the method by which the electoral votes are implemented - which i have repeatedly pointed out is not the issue. the issue is whether congress may institute a uniform voting system which states must follow (when voting for the president only, of course) BEFORE they submit their electoral votes to congress. and the federal government can pass legislation requiring states or localities to pay up for something. they do it all the time (medicare, medicaid, etc.) its the "spending power."
You must of pointed that out after you wrongly accused me of being incorrect.
And again you are wrong the feds cannot require the state to pay for changes they make. Look it up. Or do you want me to do it again?
[Edited on Feb 18, 2005 by bones_708]
no, i've said it all along.
sure, look it up the spending power. but i have the controlling case right here:
And your wrong again. The feds can withhold money until the State go along, but they can not require them to spend money.
There is a diffrence.
it has been used to coerce states into paying for federal initiatives all the time, like the aforementioned medicaid and medicare programs - in the interest of uniformity. no child left behind also requires states to pay for a federal program - becuase of an interest in uniformity. the federal government can withold money as long as the money they are witholding is related to the federal inititative - indirectly forcing states to pay for some initiatives. congress can do this as long as it is acting in the general welfare.
And your wrong again. The feds can withhold money until the State go along, but they can not require them to spend money.
There is a diffrence.
it has been used to coerce states into paying for federal initiatives all the time, like the aforementioned medicaid and medicare programs - in the interest of uniformity. no child left behind also requires states to pay for a federal program - becuase of an interest in uniformity. the federal government can withold money as long as the money they are witholding is related to the federal inititative - indirectly forcing states to pay for some initiatives. congress can do this as long as it is acting in the general welfare.
Yes it is two diffrent things.
It's like pullig teeth.
jeez...how are we so off topic arguing about random crap loosely related to this bill.
FOR ANYONE WHO THINKS THIS IS A BAD IDEA: can you explain, in one or two sentences why you don't think that this bill should be passed. it seems pretty basic to me, and i think it's a good idea.
for example:
"i don't think this should pass cause i believe it's a state issue"
or
"i don't think felons should be able to vote"
etc.
my opinion - those who are against the bill are filling this thread with random arguements in an attempt to get people bored and, in turn, get them to tune out of the thread. a tactic i've come to expect from people like stockula. just my 2 cents.
bones_708 said:
Yes it is two diffrent things.
It's like pullig teeth.
The fact is that while you're techincally correct, your argument is pointless. It would require a constitutional amendment to implement, and if they had the support for it to get that passed, they'd have the support to get the money for it.
bones_708 said:
Yes it is two diffrent things.
It's like pullig teeth.
The fact is that while you're techincally correct, your argument is pointless. It would require a constitutional amendment to implement, and if they had the support for it to get that passed, they'd have the support to get the money for it.
luckyride said:
jeez...how are we so off topic arguing about random crap loosely related to this bill.
FOR ANYONE WHO THINKS THIS IS A BAD IDEA: can you explain, in one or two sentences why you don't think that this bill should be passed. it seems pretty basic to me, and i think it's a good idea.
for example:
"i don't think this should pass cause i believe it's a state issue"
or
"i don't think felons should be able to vote"
etc.
my opinion - those who are against the bill are filling this thread with random arguements in an attempt to get people bored and, in turn, get them to tune out of the thread. a tactic i've come to expect from people like stockula. just my 2 cents.
How about this. It is two diffrent problems (one reason its been so scatered in this thread) that are trying to be adressed by this bill and in my oppenion it is more about press than law making. Seperate the issues and it would be much easier to debate.
As an aside it seems, from my point of veiw, that proponents of the bill get off topic and use random arguments.
Nope, the reciepts would only be called into question if there was evidence of signifigat problems with the internal paper record in the machine, as I said.
try again.
Yeah, evidence such as someone saying "hey, this thing didn't record my vote properly!"
Then it's called into question, and the reciepts come into play.
Stiles, when was the last time that you got a paper reciept that marked your vote?
luckyride said:
jeez...how are we so off topic arguing about random crap loosely related to this bill.
FOR ANYONE WHO THINKS THIS IS A BAD IDEA: can you explain, in one or two sentences why you don't think that this bill should be passed. it seems pretty basic to me, and i think it's a good idea.
for example:
"i don't think this should pass cause i believe it's a state issue"
or
"i don't think felons should be able to vote"
etc.
my opinion - those who are against the bill are filling this thread with random arguements in an attempt to get people bored and, in turn, get them to tune out of the thread. a tactic i've come to expect from people like stockula. just my 2 cents.
As far as I can tell, there are really only two reasons people oppose giving former felons the franchise:
(1) Rational fear of empowering a group that is largely minority and overwhelmingly poor. This is the main practical reason Republicans tend to oppose it.
(2) Irrational animosity towards people who have committed a crime but served their time. People just don't like criminals and, for the more authoritarian, law-and-order types, one punishment is not enough. Not only must you serve your time, you must also forfeit what is almost universally regarded as a bedrock right of any functioning democracy.
I don't think I've ever heard an argument that doesn't at root boil down to one of these two.
Nope, the reciepts would only be called into question if there was evidence of signifigat problems with the internal paper record in the machine, as I said.
try again.
Yeah, evidence such as someone saying "hey, this thing didn't record my vote properly!"
Then it's called into question, and the reciepts come into play.
Stiles, when was the last time that you got a paper reciept that marked your vote?
Uh, Helter - logically, you check to see that you got the right result as soon as your vote is cast. Thus, any problems become apparent and the affected machine can be taken off-line immediately, so that a small problem dosen't affect every subsequent voter on that machine that day.
That's one of the main benefits of the concept.
...and you know better than to present an idea that hasn't been tried yet as bad simply because it hasn't been tried yet. C'mon.
i like the idea of election day being a holiday... that way all the looser hippies that don't vote will really have no excuse. at least it will make it easier for those who DO vote. it will also make car-pooling, volunteering, etc., alot easier and much more do-able.
Helter
Chester, PA
OLD SKOOL
FEB 18, 2005 11:59 AM