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25 new of 216 responses total.
mdw
response 112 of 216: Mark Unseen   Nov 11 05:24 UTC 2000

Is there a question about what Bush would do if elected?  Gosh, he's
already announced he's the next president, sure sounds to me like he
thinks he has a mandate.
janc
response 113 of 216: Mark Unseen   Nov 11 05:25 UTC 2000

You my decide for yourself if the House of Representatives would (1) vote for
the candidate with the highest popular vote count, (2) vote for the candidate
with the highest electorial vote count or, (3) vote along pary lines.  I'm
pretty sure however, that the Democrats would prefer not to find out.
janc
response 114 of 216: Mark Unseen   Nov 11 05:29 UTC 2000

Oh, one catch - The House votes for the President, and the Senate votes for
the Vice-President.  Because the Senate is more nearly balanced than the
House, the chance of them electing a Democrat are less slim.  With luck, the
Bush/Lieberman ticket could win!
senna
response 115 of 216: Mark Unseen   Nov 11 05:37 UTC 2000

I can hear Rane and Mary screaming already.
janc
response 116 of 216: Mark Unseen   Nov 11 05:39 UTC 2000

Boy, do I love this election!  So many possibilities to think about.  Who
would have thought such a boring campaign would end with such a pizzle-twister
of an election.
gelinas
response 117 of 216: Mark Unseen   Nov 11 05:39 UTC 2000

Jan, you overlooked an important word: "appointed".  If Florida's general
election is unsettled, Florida will not have appointed any electors, so
the total number of electors will have been reduced accordingly, which
reduces the number needed to obtain "a majority of the whole number of
Electors appointed."  Last *I* heard (and I've not heard a news program
in more than twelve hours) Gore had a majority of the remaining electoral
votes.

And in the House, each State gets one, and only one, vote for President.
I *think* that will reduce the effect of "party line" voting; how many
states have Representatives from only one party?
krj
response 118 of 216: Mark Unseen   Nov 11 05:41 UTC 2000

According to NPR pundits today, the key in interpreting the 12th amendment
in resp:111 is the phrase "Electors appointed".  The argument was that 
if Florida, due to paralysis, can't choose its electors, then 
that's 25 electors who were not "appointed" and the size of the 
Electoral College is thus decreased.
 
I just pass this argument along.  I'd assumed that Florida paralysis
would dump the election into the House, as janc suggests in resp:111.
(Remember that in the case in which the election goes to the House,
the voting is one vote per state delegation.) 
krj
response 119 of 216: Mark Unseen   Nov 11 05:42 UTC 2000

(many responses slipped in while I was typing resp:118)
janc
response 120 of 216: Mark Unseen   Nov 11 05:44 UTC 2000

Hmm...Maybe you are right.

Another interesting thing - if it goes to the House, and the House can't
manage to agree before March 4, then the Vice-President selected by the Senate
becomes President.  So Cheney or Lieberman could end up winning the election!
gelinas
response 121 of 216: Mark Unseen   Nov 11 05:52 UTC 2000

January 20th, Jan.  Check out the 20th Amendment. ;)
gelinas
response 122 of 216: Mark Unseen   Nov 11 05:54 UTC 2000

Oh, and the interim President would serve only until the real one was elected
and qualified.
whatfor
response 123 of 216: Mark Unseen   Nov 11 06:28 UTC 2000

Re #99: 

My mistake. It's obvious that Grex is full of people with expertise 
about everything but business and economy. A leader should and *is* 
absolutely judged substantially by how the market and economy does. The 
Nasdaq is at 3000 right now. If in four years the Nasdaq declines to 
2000, I will guarantee you that whomever is elected this year will not 
be re-elected in 2004 (and neither should he be) because the decline of 
1000 points over four years will mean our economy has gone to hell, 
people are unemployed, and maybe even our technology leadership is no 
more. BTW, if the Nasdaq were at 4000 instead of low 3000's at the 
beginning of November, Gore would have won without a recount.

The market is *extremely* efficient in the long-term but not 
necessarily in the short-term. It is due to layoffs -- in research or 
otherwise -- that the U.S. has the most efficient economy in the world 
right now. For a crappy and non-dynamic economy, check out many 
European countries that have strict laws and penalties against layoffs. 
And your assertion that Wall Street applauds cuts in research is pure 
BS. Most technology companies are judged by the percent of revenues 
they plow back into R&D -- usually the more the better.

Re #108:

The mentality taken by some Americans towards what happened in Palm 
Beach County is quite unique to the U.S. In the rest of the world, if 
you don't follow directions carefully and/or lack common sense, it's 
your problem; In the U.S., if you don't follow directions carefully 
and/or lack common sense, it's time to call your lawyer. This is the 
country where people stupid enough to spill hot coffee on their crotch, 
place a market order for an IPO, ride a bike at night, etc. call their 
lawyers and actually get compensation. The ballot was not perfect but 
it was approved by both parties. Those who screwed up their ballot were 
not careful enough and/or don't have the wherewithal to vote properly, 
and that's their problem. Again, I was hoping Gore would win, but there 
was *no* malice in Florida and that's the way the ball bounces. There 
are mistakes and imperfections in *every* election. There are no more 
imperfections in this election than in previous elections. Don't call 
the lawyers to argue ball and strike calls after the game is over. 
Modify and improve the game if you want, but the game is *over*.

We are already seeing the potentially dangerous effects of what Gore is 
trying to do. The Republicans are already hinting at recounts in other 
states where the Republicans lost very close races, and I don't blame 
them at all. Soon you might see voters in the very conservative Florida 
panhandle (in CST) who want a re-vote because they were on their way to 
the polling stations but turned back when every major network announced 
the race in Florida is over and Gore won. Maybe you'll even see 
millions of Republicans in Western states who claimed they didn't vote 
because the networks announced that Gore won Michigan, Penn, and 
Florida and that really means Bush has no hope. There is potential for 
dozens and dozens of similar after-the-fact lawsuits that will delay 
the results indefinitely. It's disgraceful and it's rightfully seen as 
disgraceful by the rest of the world. Only Americans are blind enough 
to think this process is normal.

I went to an extremely competitive high school and people frequently 
wanted specific questions regraded on exams. One of my high school 
teachers had a policy that if you wanted a question regraded on an 
exam, he will regrade *every* question on that exam and you might lose 
points as well as gain points. It was a fair and smart policy. Very few 
people wanted their entire exams regraded with greater scrutiny. In 
this case, the Democrats just want a specific question regraded. The 
Republicans will and should demand that the entire exam be regraded. 
Bush is not that stupid and Jim Baker is very smart and as hard-nosed 
as they come. The party of the trial lawyers needs to realize that the 
game is over.

BTW, if Bush wins, Nader's political career is over. Guaranteed.


whatfor
response 124 of 216: Mark Unseen   Nov 11 06:45 UTC 2000

There are already calls from some prominent and independent Democrats 
like Russ Feingold of Wisconsin for Gore to take it easy on the legal 
avenues. There may still be some honor in politics.

Hillary is calling for the abolition of the Electoral College. Good for 
her. The fact that you can't explain how the U.S. President is elected 
to a foreigner in less than a couple of paragraphs is disturbing. The 
Electoral College is no longer useful.
rcurl
response 125 of 216: Mark Unseen   Nov 11 06:47 UTC 2000

Re #115: screaming? I am ROTFLOL! I agree with Jan - it is hilarious
as well as exciting. 

The XX-th doesn't seem to change the XII - but I haven't worked out
what is done between 20 January and 4 March if the House has not made
a decision.

There was a comment made about early travel problems. That was not likely
to be a problem for electors to vote, since they did that in their own
states, but it might have been a problem for the certificates to be
forwarded to Washington. But people got around pretty well in those days -
Lewis and Clark certainly demonstrated that.
rcurl
response 126 of 216: Mark Unseen   Nov 11 06:49 UTC 2000

Yes, Hillary really disappointed me on that. How could we have so much
fun now and then without the electoral college? Who cares if it causes
now gnashing of teeth - the process is all laid out in the Constitution,
which means they expected it to happen. I do not see a single good reason
for abolishing the college.
gelinas
response 127 of 216: Mark Unseen   Nov 11 07:27 UTC 2000

I can do this one of two ways:  cut and paste from 

        http://lcweb2.loc.gov/const/amend.html

or type in from my copy of House Document No. 93-415, which I've carried
around since '78.  The House Document brackets clauses that are affected
by later amendments.

Amendment 12 states, in pertinent part, "And if the House of Representatives
shall not choose a President whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the Vice-President
shall act as President, as in the case of the death or other constitutional
disability of the President" (House Document No. 93-415, page 33) [this
clause is bracketed, with a note that it has been superseded by Section 3 
of Amendment 20].

Amendment 20 states, in Section 1, "The terms of the President and Vice
President shall end at noon on the 20th day of January, . . . and the terms
of their successors shall then begin" (House Document No. 93-415, page 37),
and, in Section 3, "If a President shall not have been chosen before the
time fixed for the beginning of his term, . . .  then the Vice President
elect shall act as President until a President shall have qualified; and
the Congress may by law provide for the case wherein neither a President
elect nor a Vice President elect shall have qualified, declaring who shall
then act as President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or Vice
President shall have qualified" (ibid).

So if the election is not settled by Inauguration Day, we can have an
interim President until the election *is* settled.  Note that March 4th
was Inauguration Day until the ratification of the 20th Amendment.

Section 1 set the dates that the terms of the President, Vice President,
Senators and Representatives begin; Section 2 set the date that Congress
should assemble; Section 5 stated that sections 1 and 2 would take effect
"on the 15th day of October following the ratification of this article"
(ibid).  Thus, Section 3 was effective before Section 1, and was foreseen
to be likely to be such, so it had to use "the time fixed for the beginning
of his term" instead of "January 20" or "March 4".  As it happened, the
amendment was ratified on January 23, 1933.  If I remember correctly,
FDR was elected in '32, so he was inaugurated in March, 1933.  His next
inauguration was in January, in keeping with this Amendment.
janc
response 128 of 216: Mark Unseen   Nov 11 07:27 UTC 2000

Mr For, perhaps you should read your own comments more carefully.  You claimed
that the fall in the stock market over a few days was proof that the election
needed to be resolved fast.  Now you are arguing that the market is wise in
the long term.  Possibly true, but irrelevant to your original point.  A
couple days does not constitute "long term".  Neither does a couple months.
You originally suggested that politicians should be responding to short term
fluctuations of the market.  Please focus your superior knowledge of business
and the economy on justifying *that* point, not the obvious fact that a
healthy economy is a key part of the health of the nation.

There are so many other things I disagree with in your response that I'm
going to have to summarize:

  - Americans are less inclined to take personal responsibility than other
    nations.  I doubt if this is true in comparison to other wealthy
    democracies.  In poorer countries it is certainly true that individuals
    often lack the resources to defend themselves.  Even if the statement
    were true, you realize that the same claim can be worded differently:
    "In the rest of the world, corporations and governments are not expected
    to take responsiblity for their actions; individuals harmed by them just
    sit back and take it."  Why you think individual responsibility is so
    much more than corporate and governmental responsibility is a mystery
    to me.

  - The details of the hot McDonald's coffee lawsuit are probably not as
    you imagine them to be.  I'd say that, if presented with the full
    details of the case, most people would agree that McDonald's acted
    irresponsibly.  It's not the most clear cut case in the world, but it's
    not as dumb as it sounds on superficial examination either.  This is
    true for most of the commonly cited dumb lawsuits.

  - There may be mistakes and imprefections in every election, but they don't
    decide the winner.  That's what puts this case on a different scale.

  - Why are recounts in other states a "potentially dangerous effect"?  In
    some of these states (including Florida) recounts happen automatically
    in close races.  Making sure you counted right is only dangerous if
    Democracy is dangerous.

  - Sure, lots of people may bring lawsuits over voting issues.  Some cases
    will win, some will lose, and some will be thrown out of court (like
    many of the examples of things you cite that "could" happen).  So what?
    What's disgraceful about it?  I think it'd be much more disgraceful to
    say "boy, that race was so close we don't know who win, but we'd better
    not examine the first count because we'd look undignified.  It's more
    important to be diginified that to follow the will of the people, after
    all."

  - And again, the "only Americans think [litigation over the outcome of
    an election] is normal" line.  Excuse me, but do you read any world
    news?  Lots of elections end in litigation or negotiations among the
    competing candidates to decide who won.  It's a lot more normal in
    many other nations than it is in America.

  - So you're suggesting that if there was a fire and one precinct's ballots
    were destroyed before being counted, then either we'd just have to leave
    those people's votes uncounted, or we'd have to rerun the whole national
    election?  We couldn't just revote that one precinct because it would
    be undignified and wasn't the way your high-school science teacher did
    things.  I think your high-school science teacher was trying to dissuade
    people from questioning the grading of their exams.  Do you think it should
    be the policy of the US Government to dissuade people from complaining
    if their voting was interfered with?

  - Nader's political career is partly as a candidate for the Green Party,
    and partly as a consumer advocate.  The Green party isn't going to
    reject him for running as hard as he could for them.  His ability to
    act as an effective consumer advocate is largely based on his celebrity
    status, which has only been enhanced by the publicity he has recieved
    (five years ago, most people would have reacted to the name "Ralph Nader"
    by saying "Oh, is he still alive?").  I'd say Ralph will be able to
    get the media to listen a bit when he talks for quite a while.  That's
    a political career right there.  He reputation is not built on being
    non-controversial.  I'll go this far with your theory - I think he's
    unlikely to win any future presidential campaigns.
mdw
response 129 of 216: Mark Unseen   Nov 11 07:54 UTC 2000

I'm sorry, but I don't have much sympathy for people who want a quick
election result so their stocks don't fall too much on the stock
exchange.  If the loss hurts you that badly, *don't* invest.  If you're
greedy, maybe somewhere around now will be a good time to buy.

Sure, we have a myth in this country that the President is personally
responsible for the economy, and way too many people vote that way.
But, you know, it's just plain wrong.  Congress, taken as a whole,
actually has more economic clout than the president, and there are
considerable portions of the economy that are (surprise!) actually not
dependent on the president or washington DC for their revenue stream.
Remember the last time the republican shut down the US gov't?  Sure, it
hurt the restaurant and tourist trade in Washington DC, but most of
America kept right on ticking just as it should.  In the long run, yes,
the president does have *some* influence, and it's good to have someone
in that seat.  But!  The sitting president does not always deserve the
credit for when the economy goes on an upswing, and the sitting
president does not always deserve the blame when things go in the
toilet.  Just to take an example, Saddam Hussein can be blamed on a
series of bad decisions made by *many* people in the US gov't over the
past *50* years.  Our fascination on blaming the nation's economic woes
on the president seems like a revival of some ancient bizarre ritual of
sacrificing the king to appease the gods and ensure a good harvest.
md
response 130 of 216: Mark Unseen   Nov 11 14:44 UTC 2000

The election nonresult didn't cause a Nasdaq sag.  If it had any effect 
at all, it's more like giving a slight pinky-push to an already out-on-
his-feet drunk.  Personally, I'd like this to be handled very 
deliberately and with as many recounts as possible.  I very much doubt 
if the delay will cost whatfor (and who do you suppose he is?  
twinkie?  willard?  jmsaul?) serious money.  Got to have it to lose it 
*or* make it, no?

It is so obvious that the south FL Buchanan votes were meant for Gore.  
Michael Moore made this point: whom are a group of elderly Jews likely 
to vote for, the one with the nice Jewish running mate or the one who 
always finds something nice to say about Adolf Hitler?  Bush appears to 
have lost in the popular vote nationwide and lost the electoral vote 
but for a misunderstanding in Florida.  If he ends up being declared 
the winner and dares to use the word "mandate" he should be impeached 
on the spot.  (Same goes for Gore, to an only slightly lesser degree.)
whatfor
response 131 of 216: Mark Unseen   Nov 11 17:39 UTC 2000

#128: I didn't say the drop in the market was "proof" -- I gave it as 
one of two reasons why the issue needs to be resolved ASAP. Nasdaq 
futures were up over 40 on election night when it looked like Bush won. 
We have since gone down 400 points, including down 180 points on the 
day after election day -- that is serious loss of wealth for many 
people in this country. Politicians should not necessarily respond to 
short-term fluctuations, except when the potential constitutional 
crisis they caused ignited the precipitous fall. 

-Individual responsibility and Americans. The view from the rest of the 
world -- even from Canada, our similar neighbors to the north -- is 
that Americans don't take responsibility for their own actions, expect 
*everything* to be absolutely fool-proof, and are overly litigious. I 
suspect you have never lived for an extended amount of time in another 
country, Western or otherwise, and that is why you do not realize that 
this perception is generally true.

-They are doing more than ordinary recounts. Gore wants recounts by 
magnifying glass, hand recounts so ballots that don't have a proper 
hole punched can be counted, etc. Maybe Gore also will bring in 
psychics to look at blank ballots to determine if the voter really 
meant to vote for Gore?

-How were the votes in Florida "interfered with"? You're setting up a 
straw man that is simply untrue. The ballots were not "interfered 
with". The ballots were not "perfect", but I am sure there are many 
things in tens or hundreds of precincts all over the country that are 
not perfect. Go down the path of playing after-the-game referee with 
one precinct and all those other imperfect precincts will be in play 
again. How far do you go?

-If Bush wins and if Nader runs again in 2004, he will get even fewer 
votes than he got this year. Democrats who voted for Nader will see the 
damage they have *directly* helped cause and will blame Nader for it, 
and rightfully so. His political career is over -- a consumer advocate 
is not a political career. The biggest fools are the ones who think 
they can take corporate money out of politics by voting for Nader -- I 
have some swamp land in Florida for these people. The only way to take 
corporate money out of politics is through campaign finance reform, and 
that is through either McCain or even Gore. Nader can never win and 
Bush has no intentions of serious campaign finance reform. 
Congratulations to Nader voters!

Here's something by a lifelong flaming liberal. I don't agree with 
everything he says, but he always make some sense. Democrats who are 
not closely associated with Gore's campaign are starting to come to 
their senses and realize that the game is over and the right thing to 
do is not to bring in their army of trial lawyers.

http://slate.msn.com/Readme/00-11-10/Readme.asp

#129: The President has as much influence on the economy as any other 
single person, Greenspan included. If a baseball team loses 100 games 
in a season, the manager may not be 100% responsible, but he's going to 
be held responsible. Likewise with the president of the US if the 
economy goes to hell. It's a reasonable act.


aaron
response 132 of 216: Mark Unseen   Nov 11 18:37 UTC 2000

I can't help but wonder why "whatfor" works so hard to avoid taking
responsibility for his own positions, while arguing that others should
be more responsible.

Having lived in England and Canada, there is certainly a perception of
the "ugly American," or the "selfish American," but it is not really
accurate to say that the perception is that Americans don't take
responsibility for their actions. In fact, if you examine either culture,
you will find a much greater propensity among the people to call for
govnerment intervention to resolve societal problems.

I don't see any danger of a constitutional crisis. The worst that could
happen is that the Republican-sponsored litigation slows down the lawful
recount process in Florida, to a point where the Electoral College votes
without any Electors from Florida. Which would mean... Bush would lose.
Perhaps the Republicans should get out of the way, and only challenge the
hand recount if there is some significance to the result - I recognize
their valid fear that a full recount may cost them the election, but
they aren't particularly concerned that an inaccurate count could win the
election for them.

The characterization whatfor gives for the hand recount is simply absurd.
The lawful process in Florida allows Gore to request a hand recount, with
that request evaluaged and either accepted or rejected by the County
Supervisor. Three of those supervisors agreed to a hand recount. That's
the legal, proper process. Gore didn't have to litigate to get the recount.
He has simply made requests under Florida law, which were evaluated and
granted in accord with Florida law.

Had the first recount not so dramatically changed the vote totals, this
might already be over. Instead, there were some very significant shifts
in the totals, and on the whole the shift was overwhelmingly in favor of
Gore. Under those circumstances, it is perfectly legitimate to request
a hand recount under Florida law, and it is perfectly understandable why
three such requests have been granted.

As for whatfor's suggestion that the President is like a coach, who should
be blamed for the economy's performance even if he is not responsible...
That guts his earlier suggestion that not having a President-Elect is
somehow causing economic turmoil. Personally, I'm not a big fan of
scapegoating.
gull
response 133 of 216: Mark Unseen   Nov 11 19:02 UTC 2000

Re #95:
> My expectation is that Gore is going to be the next president.  The
> fact that he clearly got a plurality of the votes nationwide does not
> mean anything legally, but it does give him a certain moral
> justification to be "quibbling" over results in places like Palm
> Beach.

--> I disagree.  I think Bush will ultimately win, as much as I hate to
admit that.  Also, the Republicans are already crying foul that Gore is
holding things up so long (one person I know said he was acting like a
"crybaby" and should "just concede."  This person also claimed that Bush
would have already conceded in the reverse position, though, so I think he's
dreaming.)  I think that if Gore ultimately wins, it will be a PR disaster
for him; I think he'll be seen as having bullied his way into the White
House by litigation, instead of having gotten it legitimately through a
vote.  I also wonder what this will mean for future elections; I'd hate to
see every person who lost one file a lawsuit over it.

Re #131:
> Politicians should not necessarily respond to short-term
> fluctuations, except when the potential constitutional crisis they
> caused ignited the precipitous fall.

--> How is this a Constitutional crisis?  So far I don't see any situation
happening that isn't adequately covered.  Yes, it might trigger some clauses
that have never really been used before, but that's not a crisis, it's just
unusual.

The NASDAQ hasn't fallen any more precipitously than it was likely to
anyway.  It's full of dotcom companies that have never turned a profit;
anyone investing in stocks like that probably has money they can afford to
lose.  I don't think we should start making legal decisions based on market
hiccups.

> The biggest fools are the ones who think they can take corporate
> money out of politics by voting for Nader -- I have some swamp land
> in Florida for these people. The only way to take corporate money out
> of politics is through campaign finance reform, and that is through
> either McCain or even Gore.

--> Now who's being naive?  You think that a candidate who got *elected*
using corporate money is going to turn around and bite the hand that fed
them by enacting campaign finance reform?
gelinas
response 134 of 216: Mark Unseen   Nov 11 19:35 UTC 2000

The only clause that has never been used is the one describing what to do
if the House cannot decide by Inauguration Day.  The clause describing
what to do if the Electoral College ties was used in 1800, to elect Thomas
Jefferson and Aaron Burr.  It took several rounds of balloting, but they
eventually got the result everyone wanted:  Jefferson as President and Burr
as Vice-president.  (I'd always thought Burr was supposed to be President
in that election, but Thursday evening I learned that I had always thought
wrong.)

The Jefferson/Burr election did result in the 12th Amendment.  The EC had
voted equal numbers for Jefferson and Burr because they voted for them
as a team, instead of individuals.  Until then, the winner became President
and the first runner-up became Vice-president.  After that, the two offices
were balloted separately.

There is NO constitutional crisis.
rcurl
response 135 of 216: Mark Unseen   Nov 11 20:12 UTC 2000

Right. It is business as usual. Perhaps a bit like the 100 year flood, but
everyone knows it can occur, and be prepared for it. It seems to me that
the Constitution is much better prepared for it than are people for 100
year floods.

gelinas
response 136 of 216: Mark Unseen   Nov 11 20:24 UTC 2000

I read that piece from slate.  Mr. Kinsley is wrong.  The ballots MUST be
recounted, as they are being.  There are simply too many concerns to NOT
recount them.  Asking for other recounts just because the Florida
recount may go against them, as the Bush campaign has been reported to
be considering (if not actually done), *is* wrong.  Those will (rightly,
in my view) be seen as childish tit-for-tat.

I expect that the Florida recount will be accomplished in plenty of time
for the December 18 election, and that Bush will win the recount.
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