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  #61 (permalink)  
Old 08-November-2006, 06:36 AM
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Article I; Section 2



17th Amendment



This amendment changed Article I; Section 3:
I'm familiar with the Constitution. As stated in your quotations, we elect people to Federal office. I would call those "Federal elections." Could you explain why you think they are not?
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  #62 (permalink)  
Old 08-November-2006, 06:44 AM
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You'd think so, right? There are ways around it. For example, how do you think the US got a unuversal 21-year-old drinking age? That's set at the state level.
Congress had a very big stick to wield in that instance - highway funding - and solid public support. Even with that, there was a big stink raised over states' rights. Notice that the same tactic did not work as well with the the 55 MPH federally-mandated speed limit.

The problem with Congress mandating election law is that it undercuts the process by concentrating the power to dictate the electoral process with the very people that process was intended to subjugate. Not a good formula, IMHO.

In my rural county, early voting went poorly. I'd give it a C-. Barely passing. There were a few easy changes that could be made to speed the process up in future elections. I get to go to my county election board when they meet in the next few weeks and discuss these issues. Put those same issues on Capitol Hill and I wind up trying to talk down a PAC with a $50 million bank account and no interest in what happens in a lonely county seat in South Arkansas.
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  #63 (permalink)  
Old 08-November-2006, 06:48 AM
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Could you explain why you think they are not?
They're state elections to federal office. Actually there is one federal election - Presidential electors sending their votes to Congress - but that's not a general election. To prove my point and not to discuss the underlying issues (a very important point in this thread - please refrain from comment on them) when the 2000 election was first challenged, it was in state court - not in US Courts. The state court decisions were finally appealed to the federal bench but it was a review of a state court decision.
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  #64 (permalink)  
Old 08-November-2006, 06:50 AM
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Thank you kindly. I'm going by my American History class here at university: we haven't gotten to the Civil War yet.
Not a problem. I'll take your knowledge of US history over my knowledge of Canadian any day of the week - and twice on Sundays.
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  #65 (permalink)  
Old 08-November-2006, 06:59 AM
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Congress had a very big stick to wield in that instance - highway funding - and solid public support. Even with that, there was a big stink raised over states' rights. Notice that the same tactic did not work as well with the the 55 MPH federally-mandated speed limit.

The problem with Congress mandating election law is that it undercuts the process by concentrating the power to dictate the electoral process with the very people that process was intended to subjugate. Not a good formula, IMHO.
Hm. Quite true. I keep forgetting that seperation of powers and states' rights are far more vigorously enforced in the US. Contrast Canada: we have a fusion of powers and favour centralization. The first is due to the fact that we're a Westminster system, and the second due to the fact that in 1867, we had just seen the US Civil War and equated it to states' rights.

Still, couldn't you get a summit of governors to discuss standardizing election methods? Or is a governors/first ministers meeting another Canada-only concept?
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  #66 (permalink)  
Old 08-November-2006, 07:08 AM
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Subject to Federal law and Federal oversight. For instance, see the Help America Vote Act (and I'm not particularly happy with so-called electronic voting, but that's a different issue.)
It's important to note that HAVA doesn't set federal standards for state elections. It sets federal standards for states to receive federal funding for the conduct of elections. If you dislike electronic voting machines, which would you rather petition - Congress or your local Board of Elections?
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  #67 (permalink)  
Old 08-November-2006, 07:11 AM
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Nope. Not at all. Weird, no?
yes, weird indeed

I just heard on the news here that GWB has conceded the HOR to the democrats, is this true?
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  #68 (permalink)  
Old 08-November-2006, 07:12 AM
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Still, couldn't you get a summit of governors to discuss standardizing election methods? Or is a governors/first ministers meeting another Canada-only concept?
Governors and Secretaries of State - which is the state official that supervises elections. I'd support that for the most part. The problem is that the system best for metro New York might not work best for rural Union County, Arkansas and vice versa.
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  #69 (permalink)  
Old 08-November-2006, 07:13 AM
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yes, weird indeed

I just heard on the news here that GWB has conceded the HOR to the democrats, is this true?
Yep. The lower house has gone to the Democrats. They're still three seats away from getting the upper house, too.

Link

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Governors and Secretaries of State - which is the state official that supervises elections. I'd support that for the most part. The problem is that the system best for metro New York might not work best for rural Union County, Arkansas and vice versa.
Oh, boy. Tell me about it. We only have the ten provinces and we have a heck of a time getting them all to agree. It'd take some doing to get all the states onside, I think.
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Old 08-November-2006, 07:13 AM
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Hm. Quite true. I keep forgetting that seperation of powers and states' rights are far more vigorously enforced in the US. Contrast Canada: we have a fusion of powers and favour centralization. The first is due to the fact that we're a Westminster system, and the second due to the fact that in 1867, we had just seen the US Civil War and equated it to states' rights.

Still, couldn't you get a summit of governors to discuss standardizing election methods? Or is a governors/first ministers meeting another Canada-only concept?
no, those are not a Canada only concept, we have similar things happen here in australia, in fact we had a national summit on water conservation between the prime minister and the state premiers just last week
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Old 08-November-2006, 07:14 AM
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They're state elections to federal office.
So, I vote for people to represent me, my district and my state in Federal office. I would call that a Federal election. But thanks for explaining your argument. I understand your position now, though I disagree with it.
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  #72 (permalink)  
Old 08-November-2006, 07:15 AM
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Yep. The lower house has gone to the Democrats. They're still three seats away from getting the upper house, too.

Link
thanks for the info
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  #73 (permalink)  
Old 08-November-2006, 07:15 AM
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I just heard on the news here that GWB has conceded the HOR to the democrats, is this true?
I doubt it. I'm watching returns and that would have made it. Bush is not scheduled to speak until tomorrow afternoon.
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  #74 (permalink)  
Old 08-November-2006, 07:18 AM
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Oh, right. Bush hasn't said anything yet, but the lower house has been secured by the democrats.

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Originally Posted by Damien Evans
no, those are not a Canada only concept, we have similar things happen here in australia, in fact we had a national summit on water conservation between the prime minister and the state premiers just last week
I was wondering if they had these sort of meeting in the US, actually. I was pretty sure that any federal Westminster system would have them. The Australian and Canadian systems aren't that different, you know. Heck, sometimes your courts look at decisions by ours to rule on something.
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  #75 (permalink)  
Old 08-November-2006, 07:19 AM
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So, I vote for people to represent me, my district and my state in Federal office. I would call that a Federal election. But thanks for explaining your argument. I understand your position now, though I disagree with it.
I'm looking at it from the perspective of who conducts the elections - not where the candidates work. Can you cite an example of a general election conducted by the federal government?

I know it sounds like a pig-headed picking of nits but it's quite important as it pertains to who creates election law.
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  #76 (permalink)  
Old 08-November-2006, 07:34 AM
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Oh, right. Bush hasn't said anything yet, but the lower house has been secured by the democrats.



I was wondering if they had these sort of meeting in the US, actually. I was pretty sure that any federal Westminster system would have them. The Australian and Canadian systems aren't that different, you know. Heck, sometimes your courts look at decisions by ours to rule on something.
hmm, i've never heard of our courts looking at yours for rulings, or vice versa, but it's not in the least suprising
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  #77 (permalink)  
Old 08-November-2006, 07:37 AM
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I'm looking at it from the perspective of who conducts the elections - not where the candidates work. Can you cite an example of a general election conducted by the federal government?

I know it sounds like a pig-headed picking of nits but it's quite important as it pertains to who creates election law.
i agree, for example, in the US the states run the elections individually (AFAIK) but in Australia our elections are run by one central, non political body, the AEC

IMO this means that while the US elects federal representatives they are not federal elections, but in AUstralia as we have a central controlling body we do have federal elections.

I can understand why you would disagree though
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  #78 (permalink)  
Old 08-November-2006, 07:38 AM
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It's important to note that HAVA doesn't set federal standards for state elections. It sets federal standards for states to receive federal funding for the conduct of elections.
Or, in other words, HAVA said, in effect, "States, here's some money, now go buy electronic voting machines."

Quote:
If you dislike electronic voting machines, which would you rather petition - Congress or your local Board of Elections?
Given the federal law, electronic voting is pretty much a given. In practice, the only thing that can be done at the state or local level is determine how (within severe limits) it will be applied. A big issue in this case is the common lack of computer security knowledge, and this was often seen at the local boards. They were facing deadlines and wanted to get equipment ready, often without anything close to a VPR. (Not that a printout is sufficient security alone.)
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