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View Diary: ALEC "Limited Representative Government" About to Be Launched (168 comments)

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  •  Thanks for your comment - you (38+ / 0-)

    alerted me that I needed to edit the entry to include

    This is much bigger than a con-con - or the 17th amendment.  
    These people - ALEC legislators - are the people who pushed Voter ID bills across the US.
    People need to pay attention.
    Brockaway introduced the repeal in GA and the question would be - would GA have passed it before the people woke up and stopped it?  Unfortunately ALEC legislators got ahead of the people when they passed into law all the Voter ID bills - that has taken away the right for some people to vote (limited representation).  We have to be vigilant at all times.  

    ALEC relies on the American people - paying attention to Kim Kardashian or Justin Beiber instead of paying attention to what is going on in their state legislatures.

    Thank you for bringing this miss to my attention.

    •  Please explain to me how (4+ / 0-)
      Recommended by:
      Rogneid, HiBob, Stwriley, elwior
      would GA have passed it before the people woke up and stopped it?  
      What could the statehouse have passed before the people woke up? They couldn't repeal the 17th Amendment since that need a referendum, correct? I would think that the only thing they could have passed would have been a motion to bring forward a state referendum on appealing the 17th Amendment and then the people would have had to have woken up. Am I wrong?

      “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR

      by Phoebe Loosinhouse on Sat Nov 02, 2013 at 10:07:32 AM PDT

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      •  No state can repeal a constitutional amendment. (6+ / 0-)

        It is, by definition, the supreme law of the land and supersedes all state laws and constitutional provisions. The only way to repeal an amendment is by another amendment that does so explicitly, as was the case with the 18th and 21st Amendments (Prohibition and its repeal.) That means they would have to go through the entire process laid out in Article V:

        The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
        The chances of ALEC pulling that off in order to repeal the 17th Amendment are somewhere between those of a snowball in a microwave and the same snowball in a supernova. It's the more insidious things like voter ID laws that will be their means to limit representative government, since these are under the direct control of the state legislators they've bought and paid for.

        Strategy without tactics is the slowest route to victory, tactics without strategy is the noise before defeat. Sun Tzu The Art of War

        by Stwriley on Sat Nov 02, 2013 at 01:04:11 PM PDT

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        •  Like most of ALEC's strategies, (7+ / 0-)

          they will focus first on the State level.  In those states where they've gerrymandered conservative control, they will move to hand-pick representatives rather than hold elections.

          •  And if they could accomplish that (5+ / 0-)

            they could indeed start moving on it Constitutionally to make it the law of the land.

            A true second revolution would start the very same day.

          •  Not sure what you mean... (1+ / 0-)
            Recommended by:
            vadem165

            since there's no way that this can be done as far as either the Federal or the state governments are concerned. The election of Representatives and (after the 17th Amendment) Senators is entirely controlled by the provisions laid down in the Constitution; these can't be circumvented by a state legislature, though they can use things like voter ID laws to try and limit who can vote in those elections since the Constitution gives them limited power to do so. But states are also explicitly limited to a "republican" form of government (i.e., elected representatives) in their own governments, so any attempt to turn state representatives or state senators into appointed officials is also patently unconstitutional. It's not that they won't (and don't already) exercise a good deal of influence over who is on the ballot for voters to choose from, but they can't get to the "hand-picked" stage without completely re-writing both the Federal and the state constitutions.

            Strategy without tactics is the slowest route to victory, tactics without strategy is the noise before defeat. Sun Tzu The Art of War

            by Stwriley on Sat Nov 02, 2013 at 01:41:01 PM PDT

            [ Parent ]

    •  They are also the people who pushed SYG laws (11+ / 0-)

      across the states.

      "They did not succeed in taking away our voice" - Angelique Kidjo - Opening the Lightning In a Bottle concert at Radio City Music Hall in New York City - 2003

      by LilithGardener on Sat Nov 02, 2013 at 10:31:50 AM PDT

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