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Joined 3 years ago
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Cake day: June 11th, 2023

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  • Nothing in here about a commission.

    There certainly is, you’re just not understanding what role that commission will perform. The commission is the “some other body” that Congress may provide to serve in lieu of the heads of the executive department.

    A Congressional majority could just announce the President unfit and kick power over to the VP immediately.

    No, actually, they can’t. Incompetence is not an impeachable offense. They would have to hold what is effectively a criminal trial in the Senate. They would have to find him guilty of something beyond a reasonable doubt. That’s the evidentiary standard they would have to meet.

    With the 25th, they merely have to indicate they have lost faith in his ability to perform the job. That’s it.

    His tweets threatening nuclear war with Iran are not enough to impeach him. He technically has the authority to make those threats. He can’t be impeached for those threats.

    Those same tweets are a perfectly valid justification for removing him under the 25th.


  • Very clear?

    Wisconsin law explicitly allows 16-18 year olds to carry rifles and shotguns, without supervision, so long as they aren’t violating hunting laws. Want to know the easiest way not to violate a hunting law? Don’t hunt! If you aren’t hunting, you aren’t violating a hunting law and can carry a rifle at 16.

    Why does this matter? This is why Kyle Rittenhouse is not in prison for carrying a rifle to a protest. The judge ruled that 17-year-old Rittenhouse could only be charged for carrying that rifle if he were using it to poach game. When he dropped the underage weapon charge, everything else Rittenhouse did in Kenosha became legal.

    Very clear? No. It’s complete horseshit, derived from convoluted legislative revision and does not actually reflect the intent of any of the writers. But it is the law.

    Don’t get me started on presidential term limits or birthright citizenship.

    Every appellate court reversal; every supreme court decision is the direct result of unclear law.



  • The compact presumes that the individual states officially publish their popular vote count prior to the EC vote count. An unaffiliated state (or multiple states) can unilaterally declare that they will not officially publish their popular vote count until after the EC meets. The members of the compact cannot provably know the popular vote count; they cannot provably know that they will be casting their votes for the winner of the national popular vote, as required by the compact.

    That theoretical possibility is sufficient justification to overturn the whole compact.

    Further, if there is every a scenario where the compact actually changes the outcome of an election, any state that would be forced to switch its EC vote will see their populace pushing for immediate withdrawal from the compact, before the EC can even meet. They will have legislation drawn up and ready to sign on election day, releasing their electors from the requirements of the compact.

    As a theoretical exercise, the compact is interesting. As a practical alternative to the EC, it utterly fails.





  • Impeachment is a claim of malfeasance. 25th is a claim of simple incompetence. The standards of evidence in an impeachment are effectively similar to that of a criminal trial: guilt beyond a reasonable doubt.

    The standards of evidence in a 25th amendment action are “reasonable belief”.

    To impeach him for, say, threatening nuclear annihilation, prosecutors would have to prove that threat was illegally beyond his authority to issue that threat. Which would be difficult, because the president does, indeed, have the power to use nuclear weapons. Congress is free to refuse to act, or to drag their feet for months before acting.

    To invoke the 25th amendment, Vance merely has to say that the president is not acting reasonably.




  • A red state refuses to publish their voter tally.

    Every blue state in the compact chooses to ignore that state.

    Since they can’t know the true popular vote count, every red state in the compact has cover to refuse to cast blue EC votes as required by the compact.

    If you and your state overwhelmingly votes for candidate A, yet your state’s EC votes are cast for Trump’s third term, you (or people like you) are going to demand your state withdraw from the compact.

    If the compact ever actually affects an election, it will be scrapped in a hot minute.