Debate Now The case for expanding the Supreme Court

What good is a bigger voice when it has to agree with the majority? Answer, not much. The bottom line, though, is that the states elect the president, not the people.

It has worked in the vast majority of elections.

No, states do not elect the president, electors elect the president. Now, the process would be fairer if we got rid of the 'winner takes all' approach. Let ALL electors be earned.
 
It has worked in the vast majority of elections.

No, states do not elect the president, electors elect the president. Now, the process would be fairer if we got rid of the 'winner takes all' approach. Let ALL electors be earned.
Or ranked choice voting. The electors represent their state and can be directed by their states to cast their ballots in certain ways or are free to vote how they wish, depending on their states' requirements.
 
Again for the slow and stupid at first states didnt even ALLOW a vote half the states until 1824 did not even vote for President the state legislature picked the electors.

Well, I say we chuck original intent, because what was true in the late 18th and early 19th centuries doesn't work today. since as you say, they moved closer to more democratic principles in 1824, we should continue with MORE democratic principles and go all the way with one person one vote. It doesn't get fairer than that.
 
I generally want to see the SC have less jurisdiction and let the state justice departments do the job. They're fully capable. And it's constitutional.

Doesn't matter how many clowns in gowns you have because if they're mediating issues that they should not have jurisdiction to mediate in the forst place, that's the bigger problem.

And Congress needs to be less derelict in its duty and stip kicking their delegated responsibility over to the SC, I'd add.
 
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Well, I say we chuck original intent, because what was true in the late 18th and early 19th centuries doesn't work today. since as you say, they moved closer to more democratic principles in 1824, we should continue with MORE democratic principles and go all the way with one person one vote. It doesn't get fairer than that.
Then convince enough people to change the constitution.
 
that is unconstitutional the Constitution specifically addresses the form of Government states have.
Even if it was ultimately found Constitutional, the moonbats pushing the idea have no idea how PO'd the voters would be to find that their will would be totally ignored. Apparently, it's bad for the "will of the people" at the national level to be thwarted, but just fine at the state level.
 
Sure, as long as state administrations are willing to violate the will of their voters. IOW, not a very good idea for the next election cycle.

I'd settle for getting rid of 'winner takes all', and let all electors be earned electors. that would be much fairer.
 
that is unconstitutional and even if it passes will be struck down by the courts. Also it violates the one person one vote you claim to support by denying the people of every state that didnt vote for the person the pact eventually tries to install.
Maybe, maybe not. I would settle for ridding the US of 'winner takes all' and let all electors be earned electors.
 
Maybe, maybe not. I would settle for ridding the US of 'winner takes all' and let all electors be earned electors.
I would settle for ridding the US of people that think they know best,,

the EC has worked fine for over 200 yrs,, only until recently when people like you want to control other peoples lives,,
 
I'd settle for getting rid of 'winner takes all', and let all electors be earned electors. that would be much fairer.
The states can choose their own electors, that's the way it's set up. Sure, they could violate the will of the people as expressed through their votes, but they would probably be tossed out of office very quickly. IOW, it's not a good idea to tell the voters of Alabama that their votes will be ignored because the voters of California want to elect a democrat. This way, it doesn't matter if 100% of Californians want a democrat or only 51%, they don't get to dictate that wish to any other state.
 
The states can choose their own electors, that's the way it's set up. Sure, they could violate the will of the people as expressed through their votes, but they would probably be tossed out of office very quickly. IOW, it's not a good idea to tell the voters of Alabama that their votes will be ignored because the voters of California want to elect a democrat. This way, it doesn't matter if 100% of Californians want a democrat or only 51%, they don't get to dictate that wish to any other state.

I didn't say none of that, all I said was electors should be earned. Winner take all takes electors from opponent, that's not fair.
 
I didn't say none of that, all I said was electors should be earned. Winner take all takes electors from opponent, that's not fair.
The individual states would need to take that up because they can allocate electors however they want. Now, if you take the approach that a state goes entirely for a candidate, it makes sense that all the electors vote the same way. Take that away from California, for instance, and all of a sudden democrats go nuts because the state's no longer a slam dunk for them. Proportional allocation brings with it a problem though. How far down the line do you go? If a state has two electors and there are 5 candidates who receive votes in that state, how do you fairly divide the electors? Top two? The guy who finishes third echoes your complaint, it's not fair. Top three? Same thing from the guy who finishes fourth.
 
The individual states would need to take that up because they can allocate electors however they want. Now, if you take the approach that a state goes entirely for a candidate, it makes sense that all the electors vote the same way. Take that away from California, for instance, and all of a sudden democrats go nuts because the state's no longer a slam dunk for them. Proportional allocation brings with it a problem though. How far down the line do you go? If a state has two electors and there are 5 candidates who receive votes in that state, how do you fairly divide the electors? Top two? The guy who finishes third echoes your complaint, it's not fair. Top three? Same thing from the guy who finishes fourth.

I know there are issues with the smaller states, but we legislate a solution. For one thing, there will never be more than three candidates with enough votes to win any electors and the third party rarely wins electors at all (Ross Perot was an anomaly), all other candidates will be someone who no one has ever heard of, they never make the debate stage and they aren't going to win any electors. But, the rule could be that if there are only 2 electors, they go to the top two winners, if there is one elector, the winner gets it. Simple.
 
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So, the source article for this discussion is:

To Save Democracy, We Must Expand the Court​


Summary:
So, the key takeaway from the text is a concern over the conservative-leaning U.S. Supreme Court impacting American democracy over the past decade. Some significant actions by the Court include approving voter suppression, allowing unlimited campaign spending, and sanctioning partisan gerrymandering. Essentially, the worry is that even when Democrats win elections, their policymaking ability is being hindered by the conservative Court.

The text mentions that the current Court's conservative composition is itself a product of some anti-democratic strategies. Many of the conservative justices were appointed by Republican presidents who initially took office without winning the popular vote. Moreover, the Senate, when under Republican control, blocked a nomination from President Obama.

It's feared that this could result in a cycle where the conservative Supreme Court continues to make it easier for Republicans to maintain power even with diminishing levels of support, while the Republicans, in turn, protect their Supreme Court majority.

The proposed solution? Expanding the Supreme Court, which is a move Congress has the power to make according to the U.S. Constitution. If President Biden were allowed to nominate four more justices, it could balance the Court and potentially ensure that it respects democracy and the rule of law. Expanding the Court could also increase its diversity and functionality.

There is growing support for this idea among Congress and the progressive movement, with a bill - the Judiciary Act of 2021 - gaining more than 60 co-sponsors. Public polls indicate more Americans support the expansion than oppose it, (though I did find polls that concluded the opposite, but I think when the case is presented as it could be, more people would support the idea).

Still, some are hesitant, worrying about possible repercussions, like Republicans expanding the Court further when they are in power. Others suggest term limits as a preferred reform measure. However, the authors argue that term limits could be challenged as unconstitutional, and they see the immediate solution to be expansion.

In a nutshell, they are arguing that the only way to protect American democracy from what they see as anti-democracy forces on the Supreme Court is through expansion, and they're calling for urgent support to pass the Judiciary Act.

Not mentioned in the article, but my idea:

We got 9 justices at a stage in American history when the population was much smaller. Now the case load for the SC is much greater owing to a much bigger population, and this has resulted in an ever increasing 'shadow docket' which, imo, is not a good thing (google it or click on the link). We could create a two tiered court (9 plus 9) to handle the increased case load, and the Chief justice, on the big issues, would let both tiers rule on it, so it would only be for a much smaller number of cases, the really salient cases, that both tiers would rule on. Also, we need a way to allow both parties to equally nominate justices, and not let just one side appoint them. Also, 'advise and consent' should equal a hearing, at the minimum. What McConnel did against Garland, in my opinion, was not in the spirit of the constitution's meaning insofar a the senate shall 'advise and consent'. We need legislation to further articulate what that means.

Also, Republicans like to accuse dems of 'stacking the court'. My view is that Republicans, with a 6/3 conservative court, have, indeed, 'stacked' the court 6/3 in favor of conservatives. My view is that expanding it, not letting one side dominate the nominations, would serve to UNSTACK the court, and 'balance' it out. (This is semantics, of course, as to what 'stacking the court' means).

Let's discuss.

cheers.
Rumpole

Court packing, like that scumbag fdr threatened, is a desperate ploy by those hungry for power and threatened by our time-tested form of government.
 

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