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View Diary: *UPDATED x3 with CO Tie-in* BREAKING: Florida GOP Election Fraud scandal spreads to ten counties (206 comments)

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  •  For the Past Many Decades (52+ / 0-)

    ... and particularly during the tumultuous years of the 1950s-1960s Civil Rights Movement, Republicans have been preaching the mantra of "States Rights."  

    In a decentralized form of government in this country - unlike different forms of European political systems - indeed many rights are within the domain of states.  It's called Federalism, even as the balance of power is constantly shifting between the federal government and individual states.  For example, the power to select voting machines and determine many rules governing voting further devolve to counties within a particular state.  That's why in the 2000 Florida Recount, it became commonly known that in sixty seven counties in Florida, there were several different vote-casting mechanisms.  I don't pretend to be a lawyer, but I believe this disparity was at the heart of the "equal protection" clause (among other legal arguments) invoked by the Supreme Court of the United States to stop the recount - one ordered by the Supreme Court of the State of Florida.  Why? Because the SCOTUS majority argued in Bush v Gore that lacking a statewide uniform standard, the integrity of legal ballots could not be ascertained.  Hence, accurate recount vote tallies were an impossibility.

    I don't want to rehash the 2000 Presidential Election for we thrashed it to death on Daily Kos during 2006-2007 - a period during which I probably wrote the most diaries on behalf of the Draft Gore Movement - but if ever there was a legal case involving states rights, it was Bush v Gore.  At the time, several conservative judicial scholars agreed that SCOTUS did not rule correctly in this case.  The cockamamie legal justifications given by Justices Scalia, O'Connor, Thomas, Rehnquist, and Kennedy were largely political in nature.  

    History will not treat the five leniently for their collective decision amounted to overturning the verdict of the electorate.  As simple as that.

    •  Thanks (22+ / 0-)

      Very well fleshed out.  They will live in infamy.  History won't be kind, particularly about the 8 years that happened because of Bush.

      There already is class warfare in America. Unfortunately, the rich are winning.

      by Puddytat on Fri Sep 28, 2012 at 03:32:28 PM PDT

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    •  I've been a FL Bar member since 1983 (22+ / 0-)

      I know where a # of bodies were buried in 2000, and, on 2 occasions, I know how, when, and where they were buried.  I have never looked at our legal system, our political system, or American society in general the same way since.

      Some men see things as they are and ask why. I dream of things that never were and ask why not?

      by RFK Lives on Fri Sep 28, 2012 at 05:46:26 PM PDT

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      •  write a book - the country NEEDS to know (16+ / 0-)

        the FACTS of what we already know in our hearts to be true - the GOP ran an election scam in 2000 and our nation got trashed for 8 years by Dumbya and his gang of neo-con idiots

        For a better America, vote the GOP out of office whenever and wherever possible and as soon (and as often) as possible!

        by dagnome on Fri Sep 28, 2012 at 06:47:30 PM PDT

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      •  I haven't either (12+ / 0-)

        That was like a mob action that took place in broad daylight. I would never have believed something like that would happen in America, and I still shake my head. My BP shoots off the charts every time I think of Scalia and his smirking "get over it".

        •  i never understood how it all happened with such (5+ / 0-)

          general calm.  why wasn't there a national strike or rioting in  the streets?  and moreover, why weren't other countries also upset?  the largest democracy in the world has a major scam perpetrated on its electoral process in manner that suggests germany in the 1930s, and the world's press makes no comment?  

          i still have that image of gore presiding over the senate, dismissing florida citizens ,who presented their case about their voting rights being infringed, because the issue was closed, the supreme ct. had decided.

          say what you will about the 60s generation (they were idealistic, they never accomplished or changed anything yadda yadda yadda) but they would never have let that pass, they'd have had every major city in an uproar. that generation knew how to organise.

          “And, for an instant, she stared directly into those soft blue eyes and knew, with an instinctive mammalian certainty, that the exceedingly rich were no longer even remotely human.” ― William Gibson, Count Zero (-9.75 / -9.05)

          by doesnotworkorplaywellwithothers on Sat Sep 29, 2012 at 01:56:52 AM PDT

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          •  I agree (1+ / 0-)

            I was a teen in the 60s and remember it well. If this had happened back then, there would have been a march on DC putting the war protests to shame and every campus would have become a war zone.

            •  when nixon bombed the damns and dikes (1+ / 0-)
              Recommended by:
              Quackerz

              in cambodia, this country ground to a halt.  we forget that in the weeks that followed a bomb went off somewhere in the usa every 3-4 days.   but more importantly, wall street tanked, and that impelled a turn-around in policy.

              i'm not advocating violence, but surely we could have initiated a general strike that would have brought the economic cycle to a halt.  if for no other reason than to prove to ouyrselves that we are not cogs in the machinery.

              and youre right: no march in DC?  how appalling!

              btw, i took my SATs during that period, at stanford, hardly a hot bed of radicalism, even then.  but nonethe less, the clerestory windows over our heads were breaking from flying stones and rocks!

              “And, for an instant, she stared directly into those soft blue eyes and knew, with an instinctive mammalian certainty, that the exceedingly rich were no longer even remotely human.” ― William Gibson, Count Zero (-9.75 / -9.05)

              by doesnotworkorplaywellwithothers on Sat Sep 29, 2012 at 04:02:55 PM PDT

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              •  Sounds like you saw some excitement (0+ / 0-)

                Me, I was too knuckleheaded to go on to college, so after highschool in 1967, that was it for my education (Waaaaaaaaa, I want a do over!).
                But those times were both heady and scary weren't they? Beginning with the death of JFK, it seemed that my life for the next few years was a period where every assumption I had made about America was turned inside out. People I knew died in Vietnam, the people shaping our country were assassinated, police were brutally beating and siccing dogs on blacks in the south, then troops enforcing integration, students shot down at Kent State, massive demonstrations, Nixon and his darkness. Yikes, what a time.
                 

                •  those times were REAL. now, not so much, imo. (1+ / 0-)
                  Recommended by:
                  Quackerz

                  and imo they were a true opening into an comprehensive understanding of certain historical realities
                  : people were making connections about our society and the way we live like never before.  to me, that's what was so exciting.  and now we are left with a a certain despair: how do we bring about a society based on our vision, with all the corrections in it that we see are needed.  how do we bring about an end to war and poverty and social and economic and historical injustice.

                  for me the 60s and 70s were about a bunch of people each lighting a small candle.

                  now, onto the most important part: why can't you have a do-over?  why can't you do an college degree now?

                  “And, for an instant, she stared directly into those soft blue eyes and knew, with an instinctive mammalian certainty, that the exceedingly rich were no longer even remotely human.” ― William Gibson, Count Zero (-9.75 / -9.05)

                  by doesnotworkorplaywellwithothers on Sun Sep 30, 2012 at 01:56:19 PM PDT

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                  •  A vision based society (1+ / 0-)

                    I'd love that, but like you, I despair of  having it. But I don't believe it's impossible either. I think the first step is the most important which is somehow breaking the death hold money has on politicians. Everyone I know agrees with that, but the people we need to make anything happen are the very people with a sold sign on them. I do feel a bit of optimism because I know there are many people with the same concern, so perhaps there will be movement?

                    One thought about the 60s-70s. Looking back, it seemed that everyone I knew was politically savvy. We paid attention, and I suspect it was because we were cannon fodder for Vietnam. As they say now, we had "skin in the game", and I think that fact galvanized us to try to make changes happen.

                    •  we were so aware! and we weren't numbed out (1+ / 0-)
                      Recommended by:
                      Quackerz

                      the way we are now, imo.   and we made these great connections which we don't now.

                      i worked so hard to resist and end the draft in the 1970s and 1980s and there isn't anything i regret more than that.
                      seriously.  there would have been no iraq war, imo, if there had been a draft.  now, they can wage war, and it all happens to 'someone else'.

                      “And, for an instant, she stared directly into those soft blue eyes and knew, with an instinctive mammalian certainty, that the exceedingly rich were no longer even remotely human.” ― William Gibson, Count Zero (-9.75 / -9.05)

                      by doesnotworkorplaywellwithothers on Sun Sep 30, 2012 at 11:40:04 PM PDT

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                      •  I agree (0+ / 0-)

                        I had not thought of it in that light, but you're correct that ending the draft was sort of a double edged sword. It makes it easier for a President to engage in a war when it's fought by only a small percentage of Americans.

                        The young people today seem far more tuned in to their own lives than the country at large. I've belonged to AARP's online community for years, and a couple of months ago some newbies appeared with the intent of harrassing us. We had no idea who they were until one of them let the cat out, and it turned out they were from a website called Top-Law-Schools.com. Yikes!

                        They are young law school students pissed to the max at baby boomers because they believe we have ruined their chances of getting high salary jobs. They call us "shit-boomers" and have a 200+ page thread going dedicated to how they hate our age demographic. Stuff like this: "I'm pissed off that my health premiums are going to go up to subsidize a bunch of fat olds that aren't on medicare yet. THANKS AARP"

                        Let's just say I'm not too encouraged that young people like this care about changing the system, it's all about their life and the money they chase. It's lost on them that they're lucky to be attending a good law school, which puts them three steps ahead in the game (compared to those poorer than them). That's where I believe our generation was different. We wanted to change the system, but not for personal gain, it was for bettering our society.

      •  The thing to remember about Florida in 2000... (8+ / 0-)

        is that all these tricks were put into place to provide a small victory for bush* that would then be swept under the rug and never revealed.  What the schemers did not anticipate was the massive turnout in support of Gore.  The closeness of the totals caused all the tricks to be revealed.  The only solution was their ace in the hole, call out the supremes.

        I screwed up with a careless uprate so I'm a "No Rate" pariah. When I give a comment "+1 n/t", please consider that a recommend. (That's my workaround to participate here). DK haiku, one complete thought in a title field. Roar louder!

        by Josiah Bartlett on Fri Sep 28, 2012 at 09:30:42 PM PDT

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