General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Date for Presidential Elections is Set by Federal Law.
It cannot be changed, except by an Act of Congress. That will not happen, because Democrats have a strong majority in the House of Representatives.
States cannot override federal law. Governors cannot override federal law.
Presidents cannot override that federal law. The Constitution gives Congress the power to determine the date of the Presidential election, and Congress has already done that.
We are wasting our time by chattering about this. The Election will take place on November 3. That is the law, which will not be changed prior to that date.
Thank you for your attention.
Pachamama
(16,887 posts)MineralMan
(146,350 posts)I do wish people would read the Constitution enough times to remember what is in it.
getagrip_already
(14,950 posts)When has federal law stopped them from f'ing with anything? They are openly defying a scotus ruling as we speak.
I take no solace in the law at this point. Only actions and counter actions.
MineralMan
(146,350 posts)What other action were you contemplating? And who were you planning to have join you in whatever action you had in mind?
sweetloukillbot
(11,150 posts)Boo fucking hoo, Trump said something that was wrong so it's gonna happen and we're DOOMED!!!!!!
getagrip_already
(14,950 posts)it is yet another reason to demonstrate, object, and vote.
Fire is the only thing that will win this for us. Winning by a few percent on paper won't work. They have too large an advantage through pure f'ery.
People need to get angry, stay angry, and vote angry.
You can put your head in the sand and believe federal law and the constitution will work without public support, but history says otherwise.
The germans thought the same thing before 1939, but believed in their system and other leaders and their courts. They ended up with a monster. We have a monster, and could end up with worse.
I'm not going calmly into the night.
sweetloukillbot
(11,150 posts)I'm sick of the fucking doomsayers here. People are out there demonstrating, voting and proving that this country isn't going to go quietly.
But you also have to have some faith that our institutions work. Because for the most part, they do.
getagrip_already
(14,950 posts)If you see evil, call it out. It isn't a de-motivator. It should get you angry to point of fuming over.
If we sit there and let others take care of it, we will lose. Personal attacks won't change that.
So we see good poll numbers and relax. We see the occassional brush back of the wh goons and we relax. We believe in the courts and constitution and scotius and we relax. Relaxed people don't vote.
Trump supports aren't relaxed. They are energized to vote because they love this stuff. They see him losing and will get out to vote.
What will joe democrat do? Especially those who don't pay close attention. Especially those that don't hear the calls to action.
Because we are sitting here happy and content in our positions.
Nope. Sorry. Not going quietly into that good night.
sweetloukillbot
(11,150 posts)I see a lot of "We're doing well, and we shouldn't stop fighting"
We should be excited to get rid of this wannabe tyrant. And by all measures so far, we are leading.
And I'm excited to be able to take out this asshole. And his bullshit aren't going to stop me. And I suspect I'm not alone.
There's going to be a LOT of Democrats who WILL stand for 8 hours if need be to get rid of Trump, even if they try to cripple voting by mail. We saw it in Georgia, we saw it in Wisconsin.
Kaleva
(36,395 posts)Very angry people take drastic actions.
Your comment:
"I'm not going calmly into the night."
What's your plan?
getagrip_already
(14,950 posts)but I've lived a long and happy life. If I have to risk my life to save this democracy, I will.
If he wins fair and square, I won't do anything but grumble and be clinically depressed. If he stays in power through illegal means, that is a different situation entirely.
Kaleva
(36,395 posts)I think the vast majority of us here will accept the results if Trump is seen as winning fairly. We won't like it but we'll go on with life as we normally do.
If Trump remains in power illegitimately, then I'll hunker down and I'm pretty well prepared now to do so for an extended period of time.
Thekaspervote
(32,820 posts)They were losing the law suits filed, so pulled out rather than leave.
There have been dozens of other examples since he took office where he lost and was forced to retreat.
getagrip_already
(14,950 posts)We didn't hide our head in the sand and think someone else would handle it.
I just don't get the don't worry be happy crowd. Democracy isn't some chunk of granite that can survive a sustained assault without help. It is a living, breathing creature that will die easily if attacked long enough.
Democracy is a contact sport. You can't rely on others to take care of it. When you see something wrong, even a plan, you have to attack it like white cells on an infection.
Don't sit there and hope the courts will stop anything. They still haven't ruled on the actions of dhs. DHS pulled out because of public opposition.
So stay quiet and docile if that is your choice. But I will continue to yell the british are coming when I see them. I know what they will do if they march into my town or farm. I'm going to sound the alarm and get people motivated.
That isn't a de-motivator as some claim. If we believe the polls, and that the courts will keep the goons away, then we will lose. And we won't just lose one more election, we will lose everything for a very, very, long time. RBG in the hospital should be scary enough.
empedocles
(15,751 posts)Hoyt
(54,770 posts)leave, trump declares martial law, etc.
Thekaspervote
(32,820 posts)GeorgeGist
(25,326 posts)SKKY
(11,833 posts)mahatmakanejeeves
(57,727 posts)LeftInTX
(25,763 posts)Thekaspervote
(32,820 posts)Its more of his useless drivel
mucifer
(23,611 posts)unblock
(52,489 posts)your points are correct, donnie himself can't delay, and the house won't agree to a delay:
from article ii, section 1:
"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
however, there are ways the states can mess around because:
also from article ii, section 1:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, ...."
this means that, despite the long historical tradition in each state to hold an election to choose the presidential electors, it's not actually a constitutional requirement. a state with a red legislature and a red governor that appears to be going biden's way could, at least in theory, pass a law canceling the presidential election entirely and saying that the governor shall appoint the electors, or a commission consisting only of republicans, or whatever. it likely wouldn't be very unpopular politically, but if they think donnie will be dictator and able to protect them, they could conceivably go for it.
more mundane ways states could screw with the election are by having a red secretary of state refuse to certify the election, and/or by state lawsuits over counting and recounting the votes. this is, of course, how we ended up with shrub despite gore winning the 2000 election by any reasonable accounting.
we do have to be prepared for this kind of crap. i hope biden has a huge staff of lawyers who are experts in election law and understand how to counter such shenanigans....
MineralMan
(146,350 posts)prior to the November election.
Work to maximize Democratic turnout for the election. You can do that. I can do that. We all can do that. That is a far better way to use our energy and capabilities than talking about something that will not actually occur. What will occur is the election. That is our tool for removing Donald Trump from office.
I suggest we use the tools at hand, rather than discussing using tools that do not exist.
getagrip_already
(14,950 posts)We shouldn't ignore evil plans when we see them afoot. You may think it unlikely, but states can alter how they appoint their electors at any time. They aren't even required to hold an election to appoint electors (they can merely hold an election of electors in the state legislature). They can even hod a "general ticket" election, which appoints electors directly rather than have candidates names appear on a ballot.
You are right that he can't legally stop the election. He also can't legally ignore a scotus ruling, but they are.
We need to be aware, be prepared, and have a plan (other than oh no what could we do anyway).
See the worst. Discuss the worst. Prepare for the worst.
Get people angry. Get people concerned. They will vote. We know complacent people won't turn out. They just don't.
roamer65
(36,748 posts)unblock
(52,489 posts)It ended reconstruction and enabled 90 years of Jim Crow and other forms of oppression. Not that the 1960s solved everything ....
getagrip_already
(14,950 posts)"These electors were chosen by the Colorado General Assembly, the state legislature, rather than by popular vote.[1]"
The states can still do that if they vote to change their laws. The constitution doesn't require a general election (though federal law sets the date). The constitution requires a vote in the electoral college, and failing that, a vote in the house, and failing that, the current or senate appointed vp becomes potus......
roamer65
(36,748 posts)Colorado, 1876.
Colorado had just joined the union in 1876. The state legislature decided they did not have time to hold an election. The state legislature chose the slate of electors for their 3 EVs.
Repuke of course.
Rutherfraud Hayes eventually won the EV count 185 to 184 over Samuel Tilden, in what is now known as the Corrupt Bargain of 1877.
https://en.wikipedia.org/wiki/1876_United_States_presidential_election_in_Colorado
getagrip_already
(14,950 posts)But the republican was identified as being the northern candidate. Since lincoln was a republican, they were the party of the north. Dems were seen as the outcasts from the south.
The south was a dessert for republicans until the dems adopted civil rights as a plank in their platform and actively started to protect black rights.
Just sayin.