The Constitution Can't Make Dirty Tricks Clean
| By Erik Love - Sep 14, 2007 6:37:17 AM PT |
The California Republican Party's new ballot initiative, which would change the rules of the 2008 election to help out the Republican candidate, is apparently such a dirty trick that it's unconstitutional. Doug Kendall at Slate is the latest legal observer to point to Article 2 of the US Constitution as the reason why the GOP's dirty tricks are doomed to failure.
But like everyone who relies on the constitution to stop the Republicans, Mr. Kendall is a bit of a naive optimist. These are the guys who argue that the Vice President isn't in the Executive Branch. We can expect the GOP to run with this dirty trick all the way to the Supreme Court. So let's not let this dirty trick distract us from what we really need to do to win elections: get out the vote.
The GOP is counting on the Democratic Party to spend time and resources fighting their initiative. The Republicans figure that even if the Republican initiative is eventually ruled unconstitutional, fighting this dirty trick will be expensive in terms of time and money.
To fight the GOP successfully, we've got to turn their trick against them. How? Use their plan as a reason for people to contribute and to sign up to fight for progressive principles and against dirty tricks.
Courage Campaign is at the forefront of that effort, and we've already raised some $13,700 from more than 470 progressives who are angry with the GOP's attempt to steal the 2008 election.
Next step: progressives need to make sure that the Republicans lose votes due to their dirty tricks.
Senator Art Torres (ret.), the chair of the California Democratic Party, announced yesterday that the Democratic Party would fight against the GOP's dirty tricks with a voter registration drive. That's a good idea.
An even better idea is to use the dirty tricks as a lightning rod for an all-out push against the GOP's entire philosophy, which is "win elections, and don't worry about actually leading once you're in office." We've seen it again and again -- Bush, Do-Nothing Congress, Recall, Schwarzenegger.
No matter what the constitution says, we're not wasting our time fighting the dirty tricks. We're building a progressive infrastructure which will oppose reactionary dirty tricks now and in the future.
But like everyone who relies on the constitution to stop the Republicans, Mr. Kendall is a bit of a naive optimist. These are the guys who argue that the Vice President isn't in the Executive Branch. We can expect the GOP to run with this dirty trick all the way to the Supreme Court. So let's not let this dirty trick distract us from what we really need to do to win elections: get out the vote.
The GOP is counting on the Democratic Party to spend time and resources fighting their initiative. The Republicans figure that even if the Republican initiative is eventually ruled unconstitutional, fighting this dirty trick will be expensive in terms of time and money.
To fight the GOP successfully, we've got to turn their trick against them. How? Use their plan as a reason for people to contribute and to sign up to fight for progressive principles and against dirty tricks.
Courage Campaign is at the forefront of that effort, and we've already raised some $13,700 from more than 470 progressives who are angry with the GOP's attempt to steal the 2008 election.
Next step: progressives need to make sure that the Republicans lose votes due to their dirty tricks.
Senator Art Torres (ret.), the chair of the California Democratic Party, announced yesterday that the Democratic Party would fight against the GOP's dirty tricks with a voter registration drive. That's a good idea.
An even better idea is to use the dirty tricks as a lightning rod for an all-out push against the GOP's entire philosophy, which is "win elections, and don't worry about actually leading once you're in office." We've seen it again and again -- Bush, Do-Nothing Congress, Recall, Schwarzenegger.
No matter what the constitution says, we're not wasting our time fighting the dirty tricks. We're building a progressive infrastructure which will oppose reactionary dirty tricks now and in the future.
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If that is true (only the Supreme Court can decide - with that thought I probably won't be able to sleep for about a month) then the referendum has to be beaten.
Even if the text of Article 2, Section 1, Clause 2 is interpreted to mean exactly as it says; that ONLY the legislature itself is relevant, this referendum still must be defeated.
Among the many reasons for defeating this referendum is that it could, in the long run, really tear the fabric of the Constitution itself, as if it hasn't already suffered at the hands of the GOP. Consider what would have to occur if the referendum passes and the electors are chosen on that basis. How would the matter be brought to court? Would the losing candidate, citing the loss of 20 or so electoral votes, have to file suit for a remedy? If that were to occur what would happen while the court considers the case? Would we hear from a screeching media and GOP attempting to sway public opinion, bearing in mind that the court is often swayed by public opinion?
It's far too risky to depend on a proper outcome from the court. This referendum MUST be defeated. Only the survival of our republic is at stake.