New answers tagged

0

A “future” President (aka President-elect or candidate) can not pardon anyone, promising a pardon for future criminal action would be a criminal conspiracy. For a candidate and if known, that would almost certain be an end to their candidacy. More complex for a President-elect. Promising a pardon AFTER the crime by either might be a crime or might not ...


-2

The bicameral nature of the legislative branch sought to encode the concept of a Democratic-Republic. The pragmatic restriction for the Senate to have two representatives per State meant that the territories west of the original 13 would have equal standing with all other states, should a territory apply for statehood. (Of course, this would be true for D.C.,...


11

Simply because people want to have a larger say in their children's education and the school board is a good level to do that at. It doesn't matter how they are chosen someone will have a problem with it. However if they are elected it is much easier for the public to have a say and make changes then if they are hired and almost no one has any say. But lets ...


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There are plenty of exceptions, but generalizing broadly for the pattern found in so much of the US: School boards have their own elections because of their unique importance to property taxes. In a typical suburban residential school district, the budget of the public school system is both the largest component of local property taxes. (example: NYS ...


11

From a textualist point of view: This is simply amendable by the mechanism you propose. The textualist looks at the plain meaning of the text. From an originalist point of view, this can't be amended. The writers of the constitution clearly intended that the equal representation in the senate clause should not be amended. They would see any attempt to ...


14

Theoretically yes - this was the subject of a 2012 paper by Enrique Guerra-Pujol on the subject of Gödel's Loophole - a purported "inner contradiction" in the Constitution which Kurt Gödel claimed to have discovered in 1947, and would allow the United States to legally transition into a dictatorship. In his paper, Guerra-Pujol describes the ...


6

Yes, this would work, though it would be exceedingly unlikely. Constitutional amendments are fully part of the constitution and they supersede earlier parts. If you could pass a constitutional amendment repealing that part of Article V, then it would no longer apply and you could pass another amendment changing the allocation of Senate seats. Realistically ...


14

For example, would it be legal to propose an amendment repealing the bolded clause, have it ratified by 3/4 of the states and become part of the Constitution, and then separately propose a new amendment overhauling or abolishing the Senate that could be ratified and take full effect with only 3/4 of states ratifying? Or could it even be possible to do both ...


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This answer focuses on the why aspect of the question, rather than the what aspect focused on in other answers. Why Ask About Race And Ethnicity? The U.S. Census, first and foremost is a constitutionally mandated part of the process of deciding how many representatives in the U.S. House and how many electoral votes each U.S. state gets, which is called "...


4

The strict answer to this is because it is required by the Office of Management and Budget (OMB); see the Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity. This is the most recent revision of this, which was put into place in 2000, and has not been superseded. See the Improvements to the 2020 Census Race... article ...


2

This is not unique to the U.S. Census, but rather applies to all federal agencies. According to the Census Bureau: The U.S. Office of Management and Budget (OMB) requires federal agencies to use a minimum of two ethnicities in collecting and reporting data: Hispanic or Latino and Not Hispanic or Latino. OMB defines "Hispanic or Latino" as a person ...


1

That would be a strategic decision of the Russians and secret. So you would need an informed guess about what the Russians have (treaties give a legal maximum, and they are supposed to declare actual numbers), and how much faith they have in the reliability of their systems and the absence of a missile defense, to find out how many launchers they allocate to ...


37

The "Hispanic/non-Hispanic" is orthogonal to the White-Black-Asian-Native Amerian racial categorisation that the US census uses. A Hispanic person is a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish/Portuguese culture (except perhaps Spain and Portugal). You only have to look at these regions to see that there ...


9

Election fraud is vanishingly rare in all U.S. states. The evidence in support of this assertion is overwhelming. The conservative Heritage Foundation identifies 1,340 instances of election fraud in the entire United States over forty years, at multiple levels of government (from 1982 to 2021), in a country where the popular vote in the most recent ...


3

You have to dig around a bit in the text of the bill, but it contains this requirement: Same-day processing.—The United States Postal Service shall ensure, to the maximum extent practicable, that ballots are processed and cleared from any postal facility or post office on the same day the ballots are received at such a facility or post office. It would ...


2

It’s possible that Romney believes the “shutting down” would be achieved by diplomatic pressure on Germany, who certainly has the ability and authority to do so. Reuters reported in December that the White House briefed members of Congress on that possibility and suggested Germany had already agreed to do so in the event of invasion. As a member of the ...


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Another thing he can do is to reduce the cost of manufacturing in America, by drastically reducing the regulatory load of businesses. The high regulatory costs are part of the reason a lot of manufacturing was relocated overseas, so reducing it can play a part in bringing it back.


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Motivation for US involvement in European energy policy In 2021 Senate Republicans proposed an amendment to sanction companies involved with Nord Stream 2. The amendment was proposed by U.S. Senator Risch who is the ranking member of the Senate Foreign Relations Committee. His web page contains a statement on the amendment which reads (only the last ...


6

I have heard it said that the bulk of Rhode Island's state legislature are either teachers or lawyers ... Q: Is this an accurate statement? Based on the tables below, no. Attorneys and educators have made up less than half the members of prior legislatures -- near 30%, more or less. Unfortunately, I could not find a list of occupations for the current ...


2

(Partial answer) Going through the biographies at Ballotpedia, I can find 6 lawyers: Christopher Blazejewski, John Lombardi, Jose Batista, K. Joseph Shekarchi Robert Craven Sr. and Brian Newberry. However not every state representative has a biography on Ballotpedia. About 25 out the 75 representatives don't have bio, so we can say that there are at least 6 ...


3

Regarding your question whether the phrase "surgical precision" is an explicit part of the ruling: it is. See page 11 for the full context: Before enacting that law, the legislature requested data on the use, by race, of a number of voting practices. Upon receipt of the race data , the General Assembly enacted legislation that restricted voting ...


4

The full court opinion (83 pages) can be found here. It identifies five provisions of a single omnibus election law, 2013 N.C. Sess. Laws 381, which are found to be discriminatory: a "change in accepted photo IDs is of particular note: the new ID provision retained only those types of photo ID disproportionately held by whites and excluded those ...


0

It could be a question that they don't know the answer to, or are not confident that they can give a correct answer to without researching further. Even if there were federal agents at Jan 6th, would Sanborn have any reason to evade the question rather than just lie and say that there were none? Yes. Refusing to answer is not a crime. Lying to a ...


3

I don't get this reasoning. In a place like Georgia, which thinks of itself as traditionally Republican, it was a dead heat for the 2020 Potus race, Biden narrowly won Georgia by a margin of 0.23% and 11,779 votes. From the point of view of an urban voter in Georgia, every vote counts, even if they believe it is being suppressed in a rural county. And the ...


10

The catch with the comparisons about how much it costs to obtain an ID, is that they are often devoid of any other information about costs. This implies that obtaining an ID (which does not have a cost of $0) is somehow disenfranchising, compared to not using any ID at all. All states require you to register to vote. Most will allow you to register online if ...


12

I read this BBC article, but it's not totally clear for me why the recent voting rights laws passed in more than a dozen Republican-controlled state legislatures affect the Democratic base, but not their own constituents. That's because they don't. In fact, the provisions so loudly criticized by Democrats in Republican-controlled states tend to be similar ...


11

It's important to distinguish here between ID in general and ID that specifically meets a state's requirements for voting, especially when the state has designed the details of these restrictions to favor or disfavor certain groups. Many people have some form of ID which serves them well enough in daily life, but it may not be one that's accepted to vote. ...


-1

NO. For example: 11% of U.S. citizens – or more than 21 million Americans – do not have government-issued photo identification. The presumption cannot be made that these ones are actively working to acquire photo identification. If they have no identification, how do we know they are citizens or that 11% of them don't? (This should be a logic problem in a ...


29

I think this whole issue would be clearer if people understood that the GOP goal here isn't voter suppression; the GOP goal is voter attrition. Every hoop to jump, every obstacle to navigate, every inconvenience and frustration, translates to a higher likelihood that a given voter will just say 'to hell with it' and not vote. The GOP-sponsored laws in ...


10

In a lot of cases, people within a certain demographic will be more or less likely to have certain types of ID. This can be either because their demographic makes it more difficult (or impossible) to obtain an given type of ID, or because their demographic means they simply do not need or benefit from having that type of ID. A driver’s license is a prime ...


18

Something missing from the other answers are the most fundamental voter rights of all: that your vote be counted, and that the majority vote decides the election result. Quoting from Voting Rights Lab, also reported in CNN, The New York Times, The Guardian, and USA Today among others (emphasis mine): So far this session, more than 180 bills shifting ...


32

affect the Democratic base, but not their own constituents Besides the fact that you're using the word "constituents" incorrectly (everyone who is eligible to vote for you is your constituent, regardless of whether they do so), you're phrasing it as a sharper dichotomy than it is. It's not an issue of affecting only the people likely to vote for ...


88

Do poor people, people of color, and elderly have difficulty in obtaining ID? Yes. For example, here are some facts (citations to supporting authorities are found at this link) (the omission of paragraphs from the source related to subjects not pertinent to the question are not expressly noted in the quoted material below). Anecdotally, I worked with ...


51

One consideration not mentioned so far is the disparate areas in which Republican voters and Democratic voters tend to live, the so-called "Rural-Urban Divide". People living in more rural areas have a stronger tendency to vote Republican than people living in more urban areas (source). So in a sense, yes, Republicans are better at standing in ...


107

There's a bevy of tools being used but they boil down to a few basic categories: Close polling stations in key neighborhoods, forcing longer trips and longer lines at polling stations where voters are predominately People of Color (POC) & low socio-economic-standing (SES). This raises the marginal cost of voting (higher cost of transport) as well as ...


1

One point not addressed by other answers, is that federal law, either as a matter of statutory change, or as a matter of changing constitutional interpretation, can change over time. For example, suppose that a state constitutional provision is unconstitutional or pre-empted by other federal laws when enacted, but left on the books. Then, federal law changes....


3

Your intuition that the concerns arise from the elements that must be established in connection with a preliminary injunction is correct. Among the elements which must be shown when seeking a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 are that: There is no swift and adequate remedy at law. That the injunction will prevent ...


2

So there's a lot of layers here. In and of itself, it is not the responsibility of the Court to determine whether or not the medical advice was sound. It is their responsibility, however, to determine if CMS' actions were informed by sound medical advice and were reasonable. There's two principles of law in play here: Rational Nexus - The rational nexus ...


3

One of the problems theorists have in addressing and explaining large-scale inequity is that people tend to think in linear (or sometimes planar) terms. One-dimensional reasoning (e.g., the Left-Right spectrum) is natural, two-dimensional reasoning (e.g., Game Theory matrices) is common, three-dimensional reasoning is rare... But this tendency to break ...


1

Q: Which US congressman had the idea of metropolitan area, and said that poverty causes crime? There is no one Congressperson. Metropolitan areas are often mentioned in the Congressional Record in the context of government assisting those areas with solving their problems, real or imagined. Crime is also raised in remarks, but noting different possible ...


0

If you look at the American reasoning for military intervention in Afghanistan, which was to craft a sustainable, democratic nation-state, and you look at the current outcome, it is pretty clear that there was an American strategic failure. The Afghan military and police forces dissolved as the US began scaling back its military involvement, and other ...


1

Saying the US lost the war against the Taliban seems needlessly confusing. We already have commonplace ways of explaining what happened in a more accurate way: The US won the war but couldn't beat the Taliban in the end. Winning the war was just the start -- the US was unable to install the government they wanted. After winning the war the US waged a long, ...


3

The answer is it's complicated. This summarizes the prelude to the invasion: Mr. Bush said the Taliban, which then governed most of Afghanistan, had rejected his demand to turn over Al Qaeda leaders who had planned the attacks from bases inside Afghanistan. He said he intended to bring Al Qaeda leaders to justice, adding, “Now the Taliban will pay a price.” ...


54

Yes. Unquestionably. They left their enemy in control. Word games about military dominance in the field are besides the point in a guerrilla war. That kind of sophistry has been tried on Vietnam retroactively as well (which also "wasn't a war"). The winner is the one who outlasts the other. Now, that is not the say US forces were ever defeated ...


28

Yes, but 'win,' 'lose,' and 'war' are word games in a case like this. The US-led coalition invaded Afghanistan with ill-defined motives, caused regime change, fought a protracted counterinsurgency/foreign internal defense campaign in support of the regime they installed, and failed to accomplish the goals they did set themselves during much of the war. As ...


13

This is a complicated question... First — and technically speaking — the US was never at war in Afghanistan or with the Taliban. For the US to be at war, Congress has to declare a state of war, but the entire 20 year debacle in Afghanistan was handled under Executive powers, without Congressional action. At best we might call the occupation of Afghanistan a ...


4

Most state constitutions heavily regulate the ability of state and local governments to incur debt, and place different regulations on how available funds may be spent that often break down subcategories such as operating and capital expenditures. The capital expenditures budget is ordinary tied at the state and local level to specific authority to issue ...


1

Are there such things as public inquiries in the United States? If you do not hold public inquiries, how can the public become informed about the true facts and circumstances of of a matter where there is great public concern, rather than for rumour and conspiracy theory to arise? Ad hoc inquiries of significant events and issues do happen in the United ...


7

This was already answered in a SE.History question, Why was the Cold War carried out over the whole world instead of between Siberia and Alaska?. Short version of the answers: Neither side was interested in direct confrontation and in fact wanted to avoid it. Alaska/Siberia are extremely remote and are lousy places to invade or to stage invasions from. ...


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