General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSCOTUS IS CANGING THE DEFINITION OF AMERICAN CITIZENSHIP
SCOTUS IS CANGING THE DEFINITION OF AMERICAN CITIZENSHIP
https://www.emptywheel.net/2022/05/02/scotus-is-changing-the-definition-of-american-citizenship/
In this post https://www.emptywheel.net/2022/03/30/the-right-wing-plan-to-rig-scotus/ I discussed the Republican plan to rig SCOTUS by selecting SCOTUS nominees who would reliably vote their way on issues important to their base and their donors. Theyve succeeded. In this post I give a brief sketch of their goals for each group, the means of enforcement, and the impact on the nature and benefits of American citizenship.
1. Donors. There is an oligarchy inside our democracy, as I have been saying for over a decade. It dominates the Republican donor class. Oligarchs want the freedom to do anything they like with their money and the assets they control. They want the freedom to do whatever they think will make them richer. And they really hate the idea of taxation and all forms of redistribution of wealth. Their current goal is to weaken the ability of the federal agencies to regulate, because that reduces the value of their assets.
snip//
Right-wing lawyers have been arguing that there is no Constitutional basis for administrative agencies, and thus no basis for rules made by agencies. This led to the non-delegation doctrine which limited the power of Congress to delegate authority to agencies. The current version is called the major questions doctrine, which says Congress has to be very specific about what it delegates if there is a big effect. It essentially gives SCOTUS the power to overrule any agency action it doesnt like by saying Congress wasnt explicit. As an example, SCOTUS used the shadow docket to strike down a CDC rule extending the nationwide moratorium on evictions in Alabama Assn. Of Realtors v. Department of Health and Human Services, link here. The Court said the cost to landlords was so great that Congress had to explicitly give the agency poser to make such broad rules.
snip//
Another challenge to democracy is the idea that state legislatures can make election rules without the checks and balances of their state constitutions, including their governors and courts. This is called the independent state legislature doctrine. I love the idea that this garbage jurisprudence calls itself doctrines.
Each of these cases essentially means that we dont live in a democracy, that the votes of millions of us dont matter, and in turn, that government controlled by a minority of rich people and religious fanatics cannot be replaced by a majority of voters.
snip//
In this post https://www.emptywheel.net/2022/03/30/the-right-wing-plan-to-rig-scotus/ I cited constitutional scholars across the ideological spectrum saying that originalism and textualism were the conservative backlash against these and many other so-called liberal decisions of the Warren Court. The six conservatives now ruling over us plan to gut those decisions. They were all selected for that purpose. In the future, we will have very few meaningful rights as Americ. The bulk of our rights will be set by states, many of which are gerrymandered so that a minority can decide what you can and cannot do.
Thats not my idea of America.
Ohio Joe
(21,748 posts)dajoki
(10,678 posts)Zeitghost
(3,856 posts)State Legislatures do indeed have full authority to appoint electors in any way they see fit, thankfully all states have (for now) decided to use public elections. Unfortunately, nothing in the Constitution gives the people the right to vote for President.
dajoki
(10,678 posts)Article I, Section 4, Clause 1:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chosing Senators.
Zeitghost
(3,856 posts)I specifically mentioned Presidential elections, your post specifically quotes the Constitution on Senate and House elections.