What are the Democrats up to in pursuing election recounts?
Still if all 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the presidential race will be thrown into the House where each State has one vote. Under Article II and the Twelfth Amendment, Trump has to carry a majority of state delegations (26 of 50). There is a separate quorum requirement: 2/3 of the States (34 of 50) must have one or more members present. Trump can probably meet this bar: 32 of the state delegations in the 115th Congress will have Republican majorities (albeit some are narrow majorities), and 11 other state delegations have 1 or more Republican members. So the Republicans should be able to reach a quorum of 34 States with one or more members present.
However, if all three 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the vice presidential race will be thrown into the Senate. Under Article II and the Twelfth Amendment, Pence will need a majority of the “whole number” of senators. The Republicans have such a majority. But the Twelfth Amendment also has a quorum requirement: “two-thirds of the whole number of Senators.” [2/3 is 67 of 100 senators, assuming all elected Senators are alive and sworn during the proceedings to select a Vice President.] The Republicans cannot meet this bar, at least not absent Democratic participation. By absenting themselves, the Democrats can block the narrow Senate Republican majority from selecting Pence.
Seth Barrett Tillman: Room for Debate: Constitutional Restrictions on Foreign Gifts Don’t Apply to Presidents
Still the Constitution does not always demand that we and our government act wisely. And that is the situation here. The Foreign Gifts Clause provides that “no person holding any office of profit or trust under them (i.e., the United States) shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
Does the Foreign Gifts Clause and its office under the United States language apply to the presidency? There are three good reasons to believe that it does not.
Worth reading in full.
Seth Barrett Tillman: National Conference Of State Legislatures: Number Of State Legislative Seats Held By Each Party
The shift to the Rs represents just over 1/2 of 1% of all state legislative seats (i.e., (44) / (7,297)). Interesting, 12 House state legislative chambers and 2 Senate state legislative chambers are controlled by 5 or fewer seats. Small changes in seat distribution can have highly significant effects.
She had it all—the pliant media, the tech oligarchs, Wall Street, the property moguls, the academics, and the all-around “smart people.” What Hillary Clinton didn’t have was flyover country, the economic “leftovers,” the small towns, the unhipstered suburbs, and other unfashionable places. As Thomas Frank has noted, Democrats have gone “from being the party of Decatur to the party of Martha’s Vineyard.” No surprise, then, that working- and middle-class voters went for Donald Trump and helped him break through in states—Michigan, Wisconsin, Iowa—that have usually gone blue in recent presidential elections.
Yes, but. The Democrats also offer a vision of more taxes, more regulation for the ostensible benefit of unsubstantiated lefty causes such as global warming, more cronyism (see: more regulation), more divisiveness, more abuses of power against out-of-favor individuals and groups, and retrenchment in foreign affairs. Despite media spin, you don’t have to be an unemployed coal miner or small-business owner to oppose such things.
(Via The Right Coast.)
“This is a big opportunity for all British business because once we’ve left that awful EU thing we can do our first trade deal with the United States of America. Isn’t that great?”
Making a nomination to the Supreme Court to fill the Scalia seat is easy, and it will permit Trump to control the news cycle. Trump will be tempted to make this his first substantial order of business, but it is a temptation to which the future president ought not succumb, even if he risks losing some political popularity while delaying the eventual nomination.
A significant part of the commentariat, including the legal professoriate, has again and again stated, with a regularity that belies conviction, that the American public’s choice, the choice between Trump and Clinton, is not a choice, not in the sense of a normal election, but a choice in which one is morally or prudentially impelled to choose Clinton because Trump poses an existential threat to the country. Their position is that to vote for Trump is to put the nation and its people at a profound risk approaching certainty. Why? Because Trump will be dictator-strongman of sorts: one election, one time. Or because Trump will plunge the nation into destructive wars. Or because Trump will wreck the fabric of the economy. Or because Trump will destroy the constitutional order and the rule of law.
I am not going to comment on the substance of the anti-Trump message. You have heard it all before, and you have or will very soon make up your own minds whether Trump or Clinton deserves your vote. What I will say here is that the messengers of the anti-Trump message are not believable because their actions (or, more accurately, the lack thereof) do not accord with their message. Moreover, because these messengers are not believable, on balance, I suspect they are helping Trump, not Clinton.
[. . .]
After the Brexit referendum, Frank Field, a long serving Labour MP, explained why Vote Leave eked out a majority. Too many in the elite told ordinary voters how they must vote and that the alternative was madness, chaos, and anarchy. Adults just don’t take kindly to being told what they must do in a democratic election, particularly from those who are going about their lives just as they always seem to do. The elite’s strategy backfired, or at the very best, it convinced no one. The same may happen in the United States. And if it does, we will know who is responsible for the result.
Conservatism itself is paralyzed by the nervous moral fear induced in people by cultural Marxism – which has been meant from the beginning to undermine moral confidence at the most basic level. Conservatism’s problem isn’t Donald Trump. Conservatism’s problem is that Donald Trump isn’t paralyzed by the guilt-mongering of cultural Marxism – but conservatism is.
The answer is not for conservatism to insist that nothing move out there, until we decide what forms of paralysis will continue to suit us. The answer is that conservatives must fearlessly reclaim the necessary social concepts of authority and common expectations, and start producing results.
Posted in Anti-Americanism, Civil Liberties, Civil Society, Conservatism, Culture, Current Events, Education, Elections, Law Enforcement, Leftism, Obama, Political Philosophy, Politics, Quotations, Trump | 8 Comments »
If it serves the cause it can’t be illegal.
Seth Barrett Tillman: The Case of the Ship Money, R v Hampden 3 State Trials 381 (1640), and its relevance today
In The Ship Money Case [R v Hampden 3 State Trials 825 (1637), superseded by Act Declaring the Illegality of Ship-Money, Aug. 7, 1641, 17 Charles I, chapter 14], a bare majority of the judges of the Court of Exchequer Chamber voted for the Crown and against Hampden, the tax payer, who objected to being forced to pay purported taxes absent parliamentary consent.
100 years from now which will be recognized as the more odious decision? Hampden or Miller? Hampden merely opposed Parliament; Miller opposed a national popular referendum.
Read the whole, brief, thing.
(I’m guessing Hampden wasn’t one of the foreign laws our own Justice Ginsburg had in mind.)
Some interesting speculations about the Democrats’ motives in the current election:
But once he won, something rather unexpected happened: True to his claim of being a political outsider, Trump broke with an unwritten rule that Republicans and Democrats historically had abided by. Under that understanding, administrations of both parties basically guaranteed implied amnesties for legal breaches to outgoing administrations. The best recent example for this implied agreement was the failure of the Bush Junior administration to pursue any of a number of potential criminal claims against members of the Clinton administration. In other words, any administration that made it through its term without being indicted, was basically assured of no further legal consequences.
The knowledge that one just had to survive till the end of an administration, has been at the core of quantitative and qualitative increases in government corruption this country has witnessed in recent decades, and nobody has been better in “surviving” than the last two Democratic administrations of Presidents Clinton and Obama.
[. . .]
That six days before the election Trump has in national opinion polls pulled even with Clinton, therefore, set off alarm bells among the Democratic elites. The election, suddenly, has become an existential fight for survival, far exceeding the traditional conflict for power and the spoils of power.
We, therefore, can expect Clintonians and Democratic party, in cahoots with a majority of major media, in the last few days before the election to initiate a political bloodbath in attempts to derail Donald Trump. The election no longer is about who gains or retains the privileges of power but, as Trump stated, who goes to jail.
Worth reading in full.
Seth predicts reversal on appeal. Read his argument for yourself.
One of the hallmarks of the housing recovery has been the historically low level of new-home construction, particularly at lower price points attainable for first-time buyers. Although a wide range of factors are at play, from slow wage growth to higher regulatory costs, builders say the FHA limits in many markets are shutting out potential buyers.
The challenge is particularly acute in California, which has the nation’s highest upfront fees for new construction, according to housing-research firm Zelman & Associates. Fees to pay for roads, sewers, schools and other infrastructure in California markets average between $40,000 and $72,000 per home, according to the firm’s research, compared with an average of $2,600 in Houston. [emphasis added]
Thomas Sowell notes, again, the failure of leftist policies to achieve their intended results:
If the left chooses to believe that government intervention is the answer to such tragedies, that is their right. But, if they expect the rest of us to share that belief, surely they could subject that belief to some empirical test. But we can, however.
The 1960s were the triumphant decade of those who wanted government intervention to “solve” what they called “social problems.” How did that work out? What were things like before this social vision triumphed? And what were things like afterwards?
The failures of the Left to correlate cause and effect, even to remember how things used to be, in relation to leftist govt policies are legion. Thus leftists advocate War on Poverty-type programs as antidotes to problems that became worse after the original War on Poverty. Similarly and classically, leftists have favored rent control laws as remedies for housing shortages in cities such as NYC where housing shortages did not exist before rent control. And they defend, or at least have a soft spot for, the Castro dictatorship even though pre-Castro Cuba was relatively much more free and prosperous. It’s difficult to hold leftist views if you see govt policies as subject to empirical validation. In that case you ask the right question: Did things get better or worse after X? But it’s easy to hold such views if you see politics as fashion or a means of engaging in virtue-signalling. Then the question becomes: What are the popular opinions among today’s in-crowd?
Being a follower of clothing fashions is harmless. Being a follower of opinion fashions is personally corrupting and harmful to others, especially as government becomes larger and more intrusive.
Seth Barrett Tillman: Two Queries Posted on Conlawprof: Comey, Trump, and the President (with addendum)
I am wondering if the deeply held views expressed on this list are, in fact, deeply held. Any number of people on this list have expressed the view that Trump is dangerous, and if elected, there is a reasonable likelihood that he will plunge the country into destruction. If you believe that, can you describe what you have done (if anything) to prepare should that eventuality come about? And should Trump be elected, what immediate actions will you take in consequence of those changed circumstances? [Addendum: Have you given a half, third, quarter, yea—even a tenth—of your worldly assets to Hillary Clinton, parties, and organizations dedicated to defeat Trump?] Have you moved any of your liquid assets abroad or into foreign currencies? Have you applied for academic or other positions abroad? Have you considered sending your children abroad to be educated? If you have not done anything to date, and if you don’t have any concrete extant plans to take such actions (should Trump win on November 8, 2016), then should not a detached neutral observer conclude that you do not really believe that Trump is a genuine threat? If Trump is a sociopath, should you not be doing something concrete now, other than writing words on Conlawprof and in other fora?
An interesting and entertaining post from AVI:
Related: “No one is listening to me,” means “no one is agreeing with me.” This has been remarkably durable over my career. The idea seems to be “If you were really listening to me you couldn’t possibly disagree.” Countering with the statement “I hear what you are saying, but i don’t agree with it” can actually provoke assaultive rage. It must come near the core of problem.
Pts. referring to length of time they have been in hospital as an argument for privileges or discharge means they still don’t get it.
Gazing intently slightly upward — choosing among several things to say (Lots of people do this.)
The further up the gaze, the more possible responses – usually not a healthy sign.
Gazing at ceiling: = Choosing among a multitude of things to say, i.e. lying.
Turning back to interviewer, spinning in chair: = Antisocial PD
Worth reading in full.
If our moral intuitions accord with the second view, if we credit the Quakers’ behaviour without regard to their religious inspiration, then why do our standard histories judge President James Buchanan and Chief Justice Taney so harshly?** Buchanan and Taney preferred the United States to go to pieces rather than maintaining it by war. They were unwilling to order or to support a war, and the deaths, which would undoubtedly follow. Yet very few today see Buchanan and Taney as heroes or as acting on moral principles akin to those of the Quakers. Why?
#1. If Hillary Clinton resigns as the Democratic Party’s candidate prior to the general popular election, what process does the Democratic National Committee (“DNC”) use to select a new candidate?
[. . .]
#8. If President-elect Clinton were sworn in, but subsequently became incapacitated prior to her appointing any cabinet members, can the Vice President succeed her, even temporarily? See Twenty-Fifth Amendment, Section 4 (“Whenever the Vice President and a majority of either the principal officers of the executive departments … transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.” (emphasis added)). Do acting heads of executive departments (i.e., senior high level civil servants not subject to presidential nomination and Senate confirmation) count for this purpose? Isn’t this a good reason for the members of President Obama’s cabinet to remain in office until their successors are actually nominated, confirmed, appointed, and sworn in?
Both posts are worth reading.
Ongoing at Zenpundit.
A comment I left in response at The Right Coast:
He wants a party that represents his views better. I want that too but it’s not available. Until it is I’ll settle for the lesser evil.
The country has changed and the political parties have changed with it. Some of the changes are shocking and undesirable. Trump is a kind of crowdsourced response by middle-class, mostly Republican voters to all of this. Despite his bad qualities he gets some big things right that the political mainstream insists on ignoring. He represents the least-bad option at the moment. As Glenn says, if he is rejected the next least-bad alternative will be even less attractive to the people who complain about Trump.
A friend of mine writes:
I decided to tabulate electoral votes based on current polls and current [polls] assuming a 5 point Clinton bias and a 13 point Clinton bias… It’s kind of heartening. [Trump] wins assuming only a 5 percent bias.
My friend includes an informative spreadsheet, available here in pdf format and best viewed at greater than original size, and says readers should feel free to pass it around.
My friend adds:
…One caveat; Maine and Nebraska are not winner take all. I don’t have poll data for their individual congressional districts so I was not able to model this aspect. Maine has an interesting governor so I suspect trump will get some electoral votes out of Maine even if he doesn’t win their general.
My friend’s spreadsheet is worth a serious look. Trump may have a much better chance than the pro-Democrat media are suggesting.