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SCOTUS

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SCOTUS
Post by Annachie   » Fri Jul 03, 2020 9:45 am

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In a recent decision on a school scholarship program in Montana, Justice Thomas really screwed the pooch.

"... the Constitutions ban on the establishment of religion does not apply to the states ..."

except for one minor problem.

Montana constitution, Section 5 wrote:The State shall make no law respecting an establishment of religion or prohibiting the free practice thereof


Pretty sure that's familiar.

Apparently Justice Thomas doesn't believe a states own constitution applies to the state if he doesn't agree with it.
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Re: SCOTUS
Post by isaac_newton   » Fri Jul 03, 2020 9:54 am

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Annachie wrote:In a recent decision on a school scholarship program in Montana, Justice Thomas really screwed the pooch.

"... the Constitutions ban on the establishment of religion does not apply to the states ..."

except for one minor problem.

Montana constitution, Section 5 wrote:The State shall make no law respecting an establishment of religion or prohibiting the free practice thereof


Pretty sure that's familiar.

Apparently Justice Thomas doesn't believe a states own constitution applies to the state if he doesn't agree with it.


question from honest ignorance...

if The Constitution does not apply to the individual states - where does it apply?

sort of sounds like only the little cracks on the boundaries between them :-)
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Re: SCOTUS
Post by n7axw   » Fri Jul 03, 2020 6:21 pm

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Thomas is not an honest arbiter of the constitution. He is simply another right winger trying to get his way. In his defense, the left has sometimes played the same game. Our conservative friends would point to the Warren Court. I leave it to others to decide how fair that is.

I find myself thinking that the court is a piss poor place to do social engineering... either way.

From Thomas's originalist view, the place where the constitution should apply is at the Federal level. But given the fact that the states had to ratify the constitution to join the union, I doubt that Thomas' point of view holds water.

Don

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Re: SCOTUS
Post by Michael Everett   » Sat Jul 04, 2020 3:33 am

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Given how things seem to be hyper-polarizing in the USA, how long before we end up with the Democratic States Of America and the Republic States Of America?
After all, unity seems to not be on the cards these days.
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Re: SCOTUS
Post by n7axw   » Sat Jul 04, 2020 11:26 am

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Michael Everett wrote:Given how things seem to be hyper-polarizing in the USA, how long before we end up with the Democratic States Of America and the Republic States Of America?
After all, unity seems to not be on the cards these days.


Things are changing. One of the reasons the right wingers are so shrill right now is the ground is shifting under their feet. Texas, Arizona, and even Kansas are urbanizing and becoming purple rather than red. That will limit their ability to project influence. They are already a minority, albeit a noisy one.

Since 1988, the Republican Party has won one one presidential election with a majority vote... 2004. The other two were minority popular vote with electoral college wins... 2000 and 2016.

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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Re: SCOTUS
Post by Annachie   » Sun Jul 05, 2020 6:57 am

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The thing about such a civil war is that the right wing states are typically the ones that do the worst finacially.
Those that a decent are purple, and likely to be really stuffed up by a civil war to the point that they'll end up the worst, financially speaking.

The other point is that the regular conservative also seems to dislike the tea party type.

In reality, I expect the GOP to have a civil war before the US does.
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Re: SCOTUS
Post by n7axw   » Sun Jul 05, 2020 1:01 pm

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Annachie wrote:The thing about such a civil war is that the right wing states are typically the ones that do the worst finacially.
Those that a decent are purple, and likely to be really stuffed up by a civil war to the point that they'll end up the worst, financially speaking.

The other point is that the regular conservative also seems to dislike the tea party type.

In reality, I expect the GOP to have a civil war before the US does.


I doubt that we will have a civil war. Most people have too much to lose... We do have a a group of folk who need to sober up...

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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