Yesterday was pretty quiet. And that is a good thing. Maybe I’ll have time to share a little about my character doll progress (yeah, I know – 75 and still plays with dolls. But it’s never been about the dolls, but about the styles and getting tham as close as possible to right. Remember I’m also a former theatrical costumer.)
Cartoon
Short Takes
The Hill – House to take big step on eliminating Trump-era rules
Quote – Sending the measures to President Biden’s desk would deal a blow to former President Trump’s legacy and mark the first time Congress has repealed his administration’s policies through the CRA, which allows lawmakers and a new president to get rid of rules established under a previous president if they were completed shortly before the change in administration. Click through for more, including information on tis little-known law.
Reuters – With Trump probe looming, Democrats vie for Manhattan district attorney
Quote – The candidates have largely refrained from offering specific thoughts on the Trump investigation. But Bragg has often reminded voters on the campaign trail that he helped sue the Trump administration “more than a hundred times” as a deputy in the New York state attorney general’s office. In an interview with Reuters earlier this year, Weinstein said, “Nobody is above the law, no matter who you are or what office you went on to occupy. “Whoever prevails is likely to become a target for Trump, who has dismissed the probe as a “witch hunt” and attacked Vance personally. Click thrugh for more, including a link to why this promary is not ranked choice. My hopes are for Bragg.
Food for Thought
Joe Manchin voted in favor of advancing the voting rights act yesterday. We have all been so hard on him for refusing to, it might be nice to thank him now. Thanking people is a motivator to continue good behavior as a rule – and maybe even to improve upon it.
Well, I think I can take a few minutes to speak about my collector dolls – mostly 11.5″ fashion dolls, which is the size of a Barbie – but certainly I don’t stick to just Barbies, especially if I can find something better. I have so far made a 1904 visiting outfit doll complete with feathered hat, parasol, boots, and Gibson girl hairdo, an 1896 traveling outfit doll with the same accessories, some of which are embroidered (I did those two straight from published patterns) and have also some several flappers, a generic Jame Austen character (with a poke bonnet – a way to salvage a doll with trrperably damaged hair), a Queen of Sheba and one of her handmaidens, and an 1876 Centennial ball gown doll with period hairdo (easier than the Gibson, but not as pretty.) I am also working on, from patterns, an 1840 wedding dress including knockers, petticoat, and shoes, as well as a non-period pillow doll. I most recently finished the one in this photo – do you recognize her? The hair might have cooperated better, but then humans somethinines have that problem too. I have almost collected all the materials I need to start on Michelle Obama’s First Inaugural gown – I just hope I live long ehough to finish it.
Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”
“Quot homines, tot sententiae.” (Or in other words, “Opinions are like [fill in NSFW blank]; everybody has one.”) I have another election article I was ready to use, but it can wait. I suspect everyone’s nerves are as shredded as mine about, not the election itself, but the Trump* response to it, and this article addresses contested elections directly, and may (or, of course, not) be a calming influence, or at the very least give us ideas on how to be ready for anything.
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All that sets up the country for a disputed presidential election, with recounts and court battles in key states and a nation left wondering both who will lead it and whether they should have faith in the election’s integrity. We asked five scholars to provide a history of contested elections in the United States and to explain what happens when an election is disputed. Here are those stories, from our archives.
Cohen lays out what elections normally do: They “generate legitimacy because citizens contribute to the selection of leadership.” And even in contested elections of the past, he continues, that legitimacy has been sustained because those disputes have been handled according to the rules. Politicians and citizens may have “howled” about the unfairness of the outcome, but, Cohen reports, they accepted it.
Santa Clara County Registrar of Voters’ Shannon Bushey shows an official county ballot collection box on Oct. 13, 2020 in San Jose, California. Justin Sullivan/Getty Images
2. How to get to the Supreme Court
State law controls almost every aspect of voting, so if there’s an election dispute, then it will go to a state court, writes constitutional scholar John Finn. “A candidate who wants to challenge the result in any particular state must first identify what provision of state law the election did not satisfy.” Most of the time, a state court decision will determine which presidential candidate gets the state’s electoral votes, with a final decision made by the state’s supreme court.
But then there is Bush v. Gore, the case that settled the 2000 election, which demonstrated that an election dispute can end up being heard by the Supreme Court if someone charges that a federal constitutional right has been violated. It’s possible, Finn writes, that several challenges similar to Bush v. Gore could arise in the 2020 election. “And where the lawsuits involved in Bush v. Gore all originated in Florida,” he writes, “this time the chaos may reach across several states.”
3. Throw the vote to Congress
There is another way that an election can end up being decided by others than the voters and the Electoral College. Not when it’s a disputed election, but when the Electoral College members are tied or don’t give any candidate a straight majority. That throws the election to the House of Representatives.
Political scientist Donald Brand writes that this method of determining a winner was not exactly the first choice of the framers, who “sought to avoid congressional involvement in presidential elections.” But if the Electoral College couldn’t provide a majority vote for one candidate, the election would wind up in the House, “presumably because as the institution closest to the people, it could bestow some democratic legitimacy on a contingent election.”
Political scientist Sarah Burns says that the election of 1824, which was resolved with what was then called a “corrupt bargain,” and the disputed 2000 election, which was effectively ended by the Supreme Court, both caused such anger that they poisoned national politics for some time. Critics of the court’s decisive role in 2000 pointed out that “Bush had failed to win the popular vote, and that the Supreme Court vote was split 5-4, with the conservative justices in the majority delivering an outcome favorable to their political leanings.”
5. Judicial credibility
Judges like to stay in their branch of government – the judiciary – and leave the politics to politicians. Supreme Court Justice Felix Frankfurter warned his fellow jurists to avoid “embroilment” in “the political thicket” of “party contests and party interests.” But a disputed election will be fought in the courts, and that’s dangerous for the standing of any court, especially the U.S. Supreme Court. Voters will see judges’ actions and ascribe political intent to them, even if that’s not the case.
Austin Sarat, a legal scholar and political scientist, rakes into a pile the hundreds of lawsuits that have already been mounted over how the election is conducted this year, describing what they aim to do. He believes that the election’s outcome is likely to end up in court – and he says there’s danger ahead, for the lower courts as well as the Supreme Court.
“Whatever decisions judges make this year, the rush to the courthouse to shape the 2020 election will pose real challenges for their legitimacy, which ultimately depends on the public’s belief that they are not simply political actors.”
Editor’s note: This story is a roundup of articles from The Conversation’s archives.
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AMT, anything you can do to help ensure that we don’t have to worry about this will be deeply appreciated by all.