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On June 27 2014 01:32 Nyxisto wrote: What has Obama done that is illegal? You should probably stop using that synonymously to "I don't like what he's doing" And also he has passed half as many executive orders as most of his predecessors, Republican presidents included.
I mean, drone strikes, for starters. Probably the surveillance program Releasing Berghdal without notification is likewise quite clearly a violation of federal law. Selective enforcement of laws is a tricky one, but the politicized way it was done really opens the door to Republican presidents not enforcing, say, gun laws or restrictions of harassing women near abortion clinics.
Not that these are exclusive to him, but the two bad presidents we've had in a row do mean a steady erosion of certain norms about the rule of law.
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On June 27 2014 02:20 Yoav wrote:Show nested quote +On June 27 2014 01:32 Nyxisto wrote: What has Obama done that is illegal? You should probably stop using that synonymously to "I don't like what he's doing" And also he has passed half as many executive orders as most of his predecessors, Republican presidents included. I mean, drone strikes, for starters. Probably the surveillance program Releasing Berghdal without notification is likewise quite clearly a violation of federal law. Selective enforcement of laws is a tricky one, but the politicized way it was done really opens the door to Republican presidents not enforcing, say, gun laws or restrictions of harassing women near abortion clinics. Not that these are exclusive to him, but the two bad presidents we've had in a row do mean a steady erosion of certain norms about the rule of law.
Yeah, I totally agree on the drone stuff. I was mainly talking about domestic policies because it didn't seem like xDaunt has a problem with the legality of the military actions.
The rule of the thread is show, don't tell. If "the liberals" are violating the law all the time, our conservative friends here shouldn't have much problems pointing out where this has happened. (and wasn't stopped)
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I've always found the 'It's legal' argument pretty pathetic. There are plenty of things throughout history that were totally wrong and caused countless problems but at the time, they were legal. There have also been many things that were illegal that had no business being so.
Not to mention, for the right, it's almost always a one way street.
For instance bonuses paid to financial firm employees who lied, cheated, openly sold products they knew were practically worthless, and nearly destroyed the global economy "Needed to be paid to preserve contract law"
But when you have legally negotiated contracts for employees who actually worked hard and produced something for decades then it's all "Unions should of known they weren't going to honor their contracts, excessive, unrealistic, blah, blah, blah,"
Or when a company takes advantage of every legal opportunity, even if it is exploitative, it's just good business. But when a low-income individual does the same they are a moocher, or 'taker', or some other derogatory name.
The 'it's legal' argument is such a canard it's laughable. As if everything we shouldn't do is illegal? Just because the problem hasn't reached a point where it is felt necessary to codify into law, doesn't mean the people doing it bear no responsibility.
Slavery was legal, does that mean people who had slaves weren't doing anything wrong because it was legal? Of course not. It took over a hundred years of treating fellow humans like animals before the United states decided it should be illegal (long after most of the civilized world). So just because what republicans have been doing may not, by the letter of the law, be illegal, it sure is a hell of a long way to calling it reasonable/acceptable/responsible/right.
Interracial marriage used to be a crime too, what is legal or illegal in many cases has little to nothing to do with the righteousness or depravity of an action but more to do with whether society has deemed it acceptable, regardless of it's ethical position.
It's not a coincidence that after Republicans have proven they can't govern within the existing rules, that the rules/laws are being considered for change.
It's not that what republicans are doing is any more 'right/wrong' than executive over reaches it's just that they are (by the skin of their teeth) within the confines of an outdated and abused law.
It's not hard for a legal action to be far worse morally, ethically, practically, etc.. than an illegal one.
Liberals and democrats, however, have far fewer qualms about overstepping the bounds of the law. Hell, your posts -- among those of others in thread -- repeatedly justify acting outside of the law to effect domestic policy.
Wonder how he feels about Rosa Parks, Harriet Tubman, the Freedom Riders, and Lincoln (if you ask people from the South) or any of the other countless people who were "acting outside of the law to effect domestic policy."?
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On June 27 2014 02:31 Nyxisto wrote:Show nested quote +On June 27 2014 02:20 Yoav wrote:On June 27 2014 01:32 Nyxisto wrote: What has Obama done that is illegal? You should probably stop using that synonymously to "I don't like what he's doing" And also he has passed half as many executive orders as most of his predecessors, Republican presidents included. I mean, drone strikes, for starters. Probably the surveillance program Releasing Berghdal without notification is likewise quite clearly a violation of federal law. Selective enforcement of laws is a tricky one, but the politicized way it was done really opens the door to Republican presidents not enforcing, say, gun laws or restrictions of harassing women near abortion clinics. Not that these are exclusive to him, but the two bad presidents we've had in a row do mean a steady erosion of certain norms about the rule of law. Yeah, I totally agree on the drone stuff. I was mainly talking about domestic policies because it didn't seem like xDaunt has a problem with the legality of the military actions.
I have far less of a problem with the president wielding broad foreign policy/military power. Even if I disagree with what the sitting president does, I still want the president to have the flexibility to be effective on the global stage. Also, it is well-established by our law that the president has wide power when it comes to these items.
The rule of the thread is show, don't tell. If "the liberals" are violating the law all the time, our conservative friends here shouldn't have much problems pointing out where this has happened. (and wasn't stopped)
I have not argued that Obama or any democrat has trampled all over the limits of their legal authority. Sure, it has happened (like with the recess appointments that I mentioned above), but it has not been an epidemic-type problem so far. Really, my criticism has been directed at the tendency of the liberal/democratic base -- particularly posters in this thread -- to advocate throwing out the rule of law in pursuit of certain objectives. I have called out numerous of these illiberal posts, including yours.
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On June 27 2014 02:54 GreenHorizons wrote: Not to mention, for the right, it's almost always a one way street.
For instance bonuses paid to financial firm employees who lied, cheated, openly sold products they knew were practically worthless, and nearly destroyed the global economy "Needed to be paid to preserve contract law"
But when you have legally negotiated contracts for employees who actually worked hard and produced something for decades then it's all "Unions should of known they weren't going to honor their contracts, excessive, unrealistic, blah, blah, blah," Unions in Detroit and at GM had very favorable outcomes - they were put far ahead of bondholders even though doing so had dubious legal ground to stand on, from what I've read. State and local employment contracts sometimes need to be modified before bankruptcy happens - otherwise everyone becomes worse off.
Also, cars are not 100% defect free and perfectly safe, and yet they are regularly sold. There is a context in which things are sold, and the selling of financial products between sophisticated parties isn't like selling a hamburger to a consumer. Selling a "bad" product can be both completely legitimate and desirable for society.
Edit: I'm not arguing with your other points, just this bit of populism.
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On June 27 2014 03:16 xDaunt wrote: Really, my criticism has been directed at the tendency of the liberal/democratic base -- particularly posters in this thread -- to advocate throwing out the rule of law in pursuit of certain objectives. I have called out numerous of these illiberal posts, including yours.
The reason for this is the difference between the American system and the rest of world. Most democracies have mechanisms in place to stop the gridlock that currently plagues the US and further considering that the rest of the world has a far more 'liberal' view its natural that we support the Democrats in bypassing this gridlock since it is impossible to resolve with the current situation. In our eyes there is nothing wrong with using Executive orders to bypass it, sure you can argue it is "broken" but in our eyes your entire system is broken and this is the only way anything is going to get done.
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On June 27 2014 03:26 JonnyBNoHo wrote:Show nested quote +On June 27 2014 02:54 GreenHorizons wrote: Not to mention, for the right, it's almost always a one way street.
For instance bonuses paid to financial firm employees who lied, cheated, openly sold products they knew were practically worthless, and nearly destroyed the global economy "Needed to be paid to preserve contract law"
But when you have legally negotiated contracts for employees who actually worked hard and produced something for decades then it's all "Unions should of known they weren't going to honor their contracts, excessive, unrealistic, blah, blah, blah," Unions in Detroit and at GM had very favorable outcomes - they were put far ahead of bondholders even though doing so had dubious legal ground to stand on, from what I've read. State and local employment contracts sometimes need to be modified before bankruptcy happens - otherwise everyone becomes worse off. Also, cars are not 100% defect free and perfectly safe, and yet they are regularly sold. There is a context in which things are sold, and the selling of financial products between sophisticated parties isn't like selling a hamburger to a consumer. Selling a "bad" product can be both completely legitimate and desirable for society. Edit: I'm not arguing with your other points, just this bit of populism.
I won't rehash the stuff we've already been over, but the point stands without the characterizations.
Some contracts and laws should be immutable/unbreakable (without 'justice') and others shouldn't in the eyes of both parties, the actual contention is over which and when not whether or not as xDaunt was suggesting.
The idea that the right has some high-ground on 'law-following' just sounds silly. If there is anything to it, it's probably more about the current power distribution than it is about any political philosophy/ideology differences about 'law'.
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On June 27 2014 03:45 Gorsameth wrote:Show nested quote +On June 27 2014 03:16 xDaunt wrote: Really, my criticism has been directed at the tendency of the liberal/democratic base -- particularly posters in this thread -- to advocate throwing out the rule of law in pursuit of certain objectives. I have called out numerous of these illiberal posts, including yours. The reason for this is the difference between the American system and the rest of world. Most democracies have mechanisms in place to stop the gridlock that currently plagues the US and further considering that the rest of the world has a far more 'liberal' view its natural that we support the Democrats in bypassing this gridlock since it is impossible to resolve with the current situation. In our eyes there is nothing wrong with using Executive orders to bypass it, sure you can argue it is "broken" but in our eyes your entire system is broken and this is the only way anything is going to get done.
The problem with the US is that a government that's doing nothing is actually the only acceptable form of government for a certain part of the political spectrum. If mandatory schooling&healthcare is considered totalitarian by a sizable part of the population then it's no wonder that the government isn't getting anything done.
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On June 27 2014 03:45 Gorsameth wrote:Show nested quote +On June 27 2014 03:16 xDaunt wrote: Really, my criticism has been directed at the tendency of the liberal/democratic base -- particularly posters in this thread -- to advocate throwing out the rule of law in pursuit of certain objectives. I have called out numerous of these illiberal posts, including yours. The reason for this is the difference between the American system and the rest of world. Most democracies have mechanisms in place to stop the gridlock that currently plagues the US and further considering that the rest of the world has a far more 'liberal' view its natural that we support the Democrats in bypassing this gridlock since it is impossible to resolve with the current situation. In our eyes there is nothing wrong with using Executive orders to bypass it, sure you can argue it is "broken" but in our eyes your entire system is broken and this is the only way anything is going to get done. So how will we combat a gridlock in The Netherlands if our ruling coalition only has a majority in one of the houses but not the other? Kind of the situation now but then with opposition parties not willing to negotiate.
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National Republican leaders are toasting primary season as a smashing success over activist conservatives that has put the hard right on the ropes and given the Washington GOP the slate of candidates it wanted for 2014.
Those victories, however, have come at a staggering cost — and Republicans are painfully aware of the price of putting down an intraparty insurrection.
Establishment-aligned groups have already spent some $23 million on independent expenditures propping up favored House and Senate candidates in contentious primaries, according to a POLITICO review of Federal Election Commission records. By comparison, Republican nominees raised and spent that amount in the 2012 North Dakota, Indiana and Nevada Senate races combined — three of the most competitive campaigns fought that year.
The scope of the effort to suppress activist-backed candidates has been broader and costlier than is widely understood, covering at least 20 House and Senate primaries from North Carolina to California, and from coastal Mississippi to the outer tip of Long Island. The loose coalition of establishment forces encompasses two dozen advocacy groups, industry associations and super PACs that have raised and spent millions on behalf of Washington’s chosen candidates.
Former Republican National Committee Chairman Mike Duncan said the “quote ‘establishment’” had successfully divided up the primary map this year to avoid duplicating one another’s efforts. Eventually, Duncan said, outside groups on the right may realize that they’re better off working with the national party than raging against it. Indeed, in many cases this year, national party favorites have tacked well to the right to win their primaries.
Source
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On June 27 2014 04:07 RvB wrote:Show nested quote +On June 27 2014 03:45 Gorsameth wrote:On June 27 2014 03:16 xDaunt wrote: Really, my criticism has been directed at the tendency of the liberal/democratic base -- particularly posters in this thread -- to advocate throwing out the rule of law in pursuit of certain objectives. I have called out numerous of these illiberal posts, including yours. The reason for this is the difference between the American system and the rest of world. Most democracies have mechanisms in place to stop the gridlock that currently plagues the US and further considering that the rest of the world has a far more 'liberal' view its natural that we support the Democrats in bypassing this gridlock since it is impossible to resolve with the current situation. In our eyes there is nothing wrong with using Executive orders to bypass it, sure you can argue it is "broken" but in our eyes your entire system is broken and this is the only way anything is going to get done. So how will we combat a gridlock in The Netherlands if our ruling coalition only has a majority in one of the houses but not the other? Kind of the situation now but then with opposition parties not willing to negotiate. If major legislation is unable to be passed we get a cabinet-crisis, followed by them being forced to resigning and new elections, but don't forget this is much harder to accomplish since compromise is much more likely in a multiparty system compared to the two party system of the US. The whole point of the Dutch cabinet crisis system is to prevent the gridlock we see in the US at the moment.
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Mississippi state Sen. Chris McDaniel's (R-MS) Senate campaign is calling on Mississippi Republican Party Chairman Joe Nosef to direct circuit clerks to provide the campaign with poll books from the June 3 Democratic primary and the June 24 Republican runoff between McDaniel and Sen. Thad Cochran (R-MS), who won the runoff. But Nosef himself said he doesn't seem to have the authority to do that.
"I'm calling on the Mississippi GOP Chairman Joe Nosef to instruct circuit clerks to hand over the poll books for the June 3 Democratic primary election and the June 24 Republican primary runoff election to our agents promptly upon request," McDaniel said in a statement on Thursday. "Circuit clerks should be instructed to be as helpful as possible to our volunteers as they check the poll books."
The statement is the latest move by the McDaniel campaign in its search for voting irregularities in the June 24 runoff election. McDaniel, in his speech to supporters that night, said that there were a number of suspicious aspects about the election results and his campaign would look into it before he decided to concede in the race.
"We want to be clear: this is being done to maintain the integrity of the election process and that a fair and honest election was held on behalf of all Mississippians," McDaniel said in the new statement.
Nosef, when reached by TPM on Thursday, said he did not have a response to the McDaniel campaign's call. Asked if he even had the authority to order the circuit clerks to hand over the poll books Nosef said "no."
Likewise the Mississippi secretary of State's office said that poll books are kept by each county. To get them someone would need to submit a public records request to each county.
Source
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On June 27 2014 03:26 JonnyBNoHo wrote:Show nested quote +On June 27 2014 02:54 GreenHorizons wrote: Not to mention, for the right, it's almost always a one way street.
For instance bonuses paid to financial firm employees who lied, cheated, openly sold products they knew were practically worthless, and nearly destroyed the global economy "Needed to be paid to preserve contract law"
But when you have legally negotiated contracts for employees who actually worked hard and produced something for decades then it's all "Unions should of known they weren't going to honor their contracts, excessive, unrealistic, blah, blah, blah," Unions in Detroit and at GM had very favorable outcomes - they were put far ahead of bondholders even though doing so had dubious legal ground to stand on, from what I've read. State and local employment contracts sometimes need to be modified before bankruptcy happens - otherwise everyone becomes worse off. Also, cars are not 100% defect free and perfectly safe, and yet they are regularly sold. There is a context in which things are sold, and the selling of financial products between sophisticated parties isn't like selling a hamburger to a consumer. Selling a "bad" product can be both completely legitimate and desirable for society. Edit: I'm not arguing with your other points, just this bit of populism.
The core problem with the GM Union issue a few years back was the original deals were made when GM was making more money then they knew what to do with and there labor negotiations were basically them giving everything the union asked for to prevent any potential hiccups instead of doing there job and negotiating or researching long term costs because they just assumed there crazy profit margin would continue forever.
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I love it when the Court strikes stuff down like this (recess appointments)- when even the most partisan defenders are contradicted by their own favorite Justices.
The scary part, however, is how the president thought he could do it in the first place.
If this decision was close I would have lost all hope.
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It certainly is good to have unanimous rulings; much better for the country. Wish we had more of them; there's still too many 5-4 rulings.
Though I haven't read the finer details of the case. Of course the supreme court only rules on constitutionality, not on whether something is a good or bad idea; so I have no idea on that point.
Well, I can't say what the president's logic was in doing it in the first place; but to call it scary is just more partisanship from you side; rather than looking at the reasons for it and issues it raises, and what future improvements could be made to the system.
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On June 27 2014 08:57 zlefin wrote: It certainly is good to have unanimous rulings; much better for the country. Wish we had more of them; there's still too many 5-4 rulings.
Though I haven't read the finer details of the case. Of course the supreme court only rules on constitutionality, not on whether something is a good or bad idea; so I have no idea on that point.
Well, I can't say what the president's logic was in doing it in the first place; but to call it scary is just more partisanship from you side; rather than looking at the reasons for it and issues it raises, and what future improvements could be made to the system.
Forgot the actual decision! http://www.supremecourt.gov/opinions/13pdf/12-1281_bodg.pdf
The court is setting a good pace with some of these rulings, from what I've read, they will be more than 50% unanimous by the end of this term, no matter what.
I already had the argument about recess appointments when the issue was first being argued before the court, now I'm taking a little pleasure in the fact that even the liberal justices found this action to be unconstitutional.
I will admit though, I haven't been this happy about something of this type in quite a while. It's a rebuke of everyone who somehow had it in their minds that Obama could do assume power on his own (including those who are using gridlock as an excuse in this very thread, right now!) So yea, I'm happy. Because it was common sense and the rule of law that won, instead of petty partisanship.
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Would you then be happy if the republicans stopped engaging in their petty partisanship and focused on common sense and doing the job of governing?
I note it's not entirely a rebuke of such people; there's a difference between constitutional and right, which some may wish to point to. There's certainly matters in the constitution which could use some updating to fix, including issues related to, though perhaps not directly pertinent to, this case.
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On June 27 2014 09:10 zlefin wrote: Would you then be happy if the republicans stopped engaging in their petty partisanship and focused on common sense and doing the job of governing?
I note it's not entirely a rebuke of such people; there's a difference between constitutional and right, which some may wish to point to. There's certainly matters in the constitution which could use some updating to fix, including issues related to, though perhaps not directly pertinent to, this case. Their still convinced its the democrats obstructing so I would say that is unlikely.
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On June 27 2014 09:10 zlefin wrote: Would you then be happy if the republicans stopped engaging in their petty partisanship and focused on common sense and doing the job of governing?
I note it's not entirely a rebuke of such people; there's a difference between constitutional and right, which some may wish to point to. There's certainly matters in the constitution which could use some updating to fix, including issues related to, though perhaps not directly pertinent to, this case.
Some in the thread argued that it was both right AND constitutional. I don't recall anyone arguing that it was wrong and still constitutional. So in the context of the thread, I would say it is in fact a rebuke of the arguments made, since the scenario you are proposing didn't occur.
The current discussion in this thread (which is not about this case) is similar but not exactly the same, granted.
I don't think the clause needs a fix, so why would I discuss fixing it? No one expressed their displeasure with the clause itself. If someone has a problem with it, then they should present it.
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My other question in my first paragraph remains.
As to potential issues with the clauses, it's hard to say for certain as I have not read the finer details of the case. I shall look through the details a bit, and have a post explaining the concerns later.
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