Republicans Trying to Start a Civil War in Texas

#76
#76
lawgator1 said:
Hint: nothing says that because it isn't true and in fact would be unconstitutional if there was such a requirement.
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This specifically. Something does say that. And you’ve yet to tell me how Congress having to perform their job is somehow unconstitutional

lawgator1 said:
I said such a provision would in my view, especially if it led to physically taking people into custody, violate at least the First and Fourth Amendments to the United States Constitution.

I can't immediately find any federal case that addressed that and the Texas Supreme Court case would not be the arbiter of that.

As I say, I'll look tomorrow.
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How would this violate the first or fourth?
 
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#78
#78
Vol8188 said:
This specifically. Something does say that. And you’ve yet to tell me how Congress having to perform their job is somehow unconstitutional



How would this violate the first or fourth?
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They have a First Amendment right of expression not to appear so as so block a quorum. Forcing them to be there violates that right.

What's next? If they vote against the redistricting plan they can be arrested ? Expelled ? What's the difference between that and being forced to be there when their way of expressing their position is not to be there...

Arresting them would be a constitutionally unreasonable seizure under the Fourth Amendment, for the same reason.

And if an effort were made to take them into custody out of state, beyond the reach of Texas law enforcement, it would be that much worse. God forbid Trump directs federal officials to get involved.
 
#82
#82
lawgator1 said:
They have a First Amendment right of expression not to appear so as so block a quorum. Forcing them to be there violates that right.
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Not doing your job isn’t a first amendment right of expression. If they simply wish to resign they may. Until then, TX requires a congress.

lawgator1 said:
What's next? If they vote against the redistricting plan they can be arrested ? Expelled ? What's the difference between that and being forced to be there when their way of expressing their position is not to be there...
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The difference is massive. You’re fighting windmills here.

lawgator1 said:
Arresting them would be a constitutionally unreasonable seizure under the Fourth Amendment, for the same reason.
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Doesn’t seem unreasonable.

lawgator1 said:
And if an effort were made to take them into custody out of state, beyond the reach of Texas law enforcement, it would be that much worse. God forbid Trump directs federal officials to get involved.
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More windmills
 
#83
#83
Vol8188 said:
Not doing your job isn’t a first amendment right of expression. If they simply wish to resign they may. Until then, TX requires a congress.



The difference is massive. You’re fighting windmills here.



Doesn’t seem unreasonable.



More windmills
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Agree to disagree. I'll update with any relevant legal research i can find tomorrow. And if I find none I'll also say so.

Meanwhile, what say ye on the Epstein files ? Release it all except redact names of victims ? Lets not let this Texas issue distract from the issue of the day.
 
#85
#85
Boston Vol said:
It’s ironic that the Democrats who left to protest gerrymandering fled to Illinois, the most gerrymandered state in the country.
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Guess what the national response is inevitably going to be? Democrats being forced to gerrymander their states. This whole thing is stupid political theater.
 
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#86
#86
lawgator1 said:
They have a First Amendment right of expression not to appear so as so block a quorum. Forcing them to be there violates that right.

What's next? If they vote against the redistricting plan they can be arrested ? Expelled ? What's the difference between that and being forced to be there when their way of expressing their position is not to be there...

Arresting them would be a constitutionally unreasonable seizure under the Fourth Amendment, for the same reason.

And if an effort were made to take them into custody out of state, beyond the reach of Texas law enforcement, it would be that much worse. God forbid Trump directs federal officials to get involved.
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Republicans: “only amendment we know and care about is the second one”
 
#87
#87
lawgator1 said:
Agree to disagree. I'll update with any relevant legal research i can find tomorrow. And if I find none I'll also say so.

Meanwhile, what say ye on the Epstein files ? Release it all except redact names of victims ? Lets not let this Texas issue distract from the issue of the day.
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There’s a thread for that. Feel free to tag me there
 
#90
#90
lawgator1 said:
And the Constitution and laws of the United States. If the US Constitution is violated by a provision of the Texas constitution, either on its face or as applied, Texas loses.
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Except that the 10th Amendment gives Texas all powers not enumerated to the Federal Government. The standards of behavior and service for state representatives are not enumerated powers of the Federal Government under Article I; therefore they remain the sole prerogative of the state of Texas.
Texas has laws to prohibit and punish skipping sessions to deliberately thwart a quorum. And in 2021, the Texas Supreme Court upheld that law.
You DID have at least one Constitutional Law class didn’t you?
Texas wins. And in the remote chance that some district court judge in Austin tries to throw a monkey wrench into the works, this goes straight to the Emergency Dicket of the SCOTUS. And despite the best efforts of the three liberal banshees; Texas Dems…..
IMG_2281.gif
 
#92
#92
OHvol40 said:
Guess what the national response is inevitably going to be? Democrats being forced to gerrymander their states. This whole thing is stupid political theater.
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Democrats have already gerrymandered their states to the point of silliness. 83 percent of the California seats go to Democrats, even though their share of the votes is under 60%.
And California and New York will be losing Congressional seats to Texas and Florida (and possibly TN) after the 2030 Census.

So Dems can knock themselves out trying to gerrymander out an extra two or three seats if they wish. They will lose them real soon regardless.
 
#93
#93
825VOL said:
Did you miss what NY did just a couple of years ago? It is only a problem when Republicans do it apparently.
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Republicans are always trying to do it. They tried and failed to do it in my state in 2010, they successfully did it in my closest neighbor state recently. How about come up with a successful platform for everyday people and win their votes instead of redrawing maps, and that’s for both parties…
 
#94
#94
OHvol40 said:
Guess what the national response is inevitably going to be? Democrats being forced to gerrymander their states. This whole thing is stupid political theater.
Click to expand...
Democrats have already gerrymandered their states to the point of silliness. 83 percent of the California seats go to Democrats, even though their share of the votes is under 60%.
And California and New York will be losing Congressional seats to Texas and Florida (and possibly TN) after the 2030 Census.

Sindems can knock themselves out trying to gerrymander out and extra two or three seats. They will lose them real soon regardless.
OHvol40 said:
Republicans: “only amendment we know and care about is the second one”
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false: we value the 10th at least as much.
 
#96
#96
OHvol40 said:
Republicans are always trying to do it. They tried and failed to do it in my state in 2010, they successfully did it in my closest neighbor state recently. How about come up with a successful platform for everyday people and win their votes instead of redrawing maps, and that’s for both parties…
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This has been going on since 1812. It is not likely to stop and the only time the national news covers it is when Republicans do it. I would be fine if we can find some way to do it properly without regard to party affiliation However, that does not seem likely.
 
#97
#97
Behold, Illinois 13th Congressional District which is basically the width of the Highway linking a handful of blue cities across 2/3 of the State to ensure a blue district.
Talk to me about Gerrymandering again?
IMG_2282.png
 
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#98
#98
825VOL said:
This has been going on since 1812. It is not likely to stop and the only time the national news covers it is when Republicans do it. I would be fine if we can find some way to do it properly without regard to party affiliation However, that does not seem likely.
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California allegedly has an Independent Districting Commission to draw the maps in a non partisan way. This is the commission that Newsome is threatening to disregard in his redistricting effort BTW
 
#99
#99
OrangeTsar said:
California allegedly has an Independent Districting Commission to draw the maps in a non partisan way. This is the commission that Newsome is threatening to disregard in his redistricting effort BTW
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Let's not talk about the state that takes weeks to get desired results from an election. But if you really want to, look at the political affiliation map of CA compared to the congressional district map. It has been drawn in a way to maximize democratic seats. I am very skeptical of that "independent" commission.

 
#100
#100
825VOL said:
Let's not talk about the state that takes weeks to get desired results from an election. But if you really want to, look at the political affiliation map of CA compared to the congressional district map. It has been drawn in a way to maximize democratic seats. I am very skeptical of that "independent" commission.

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Oh indeed. I was trying to make the point that democrats LOVE to cry Gerrymandering when they are the absolute undisputed masters of it.
And I really don’t thrust the independent commission either. I was just pointing out that the democrats are willing to to dispense with even the pretense of independence when they really want to cater to their stupid and spoiled base.
They have no shame whatsoever.
 
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