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Author Topic: Trump supporters and conspiracy theory - Part 2  (Read 469048 times)

Offline Joe Elliott

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3136 on: January 05, 2021, 12:28:15 PM »
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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3136 on: January 05, 2021, 12:28:15 PM »


Online Andrew Mason

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3137 on: January 05, 2021, 06:46:56 PM »
Question:

If a powerful corrupt politician calls an election official, and explains to him that he knows he lost the election. But he doesn’t care. He wants to win. So that election better “find him” the votes he needs to win. Otherwise, he is subject to criminal prosecution.

Is this acceptable?

If not, does it become acceptable so long as the politician always expresses the belief that he was the true winner?


And why would it be better to have the election decided by a special commission, as Senator Ted Cruz and others want, if that special commission can be subjected to threats of criminal prosecution if they fail to find that Trump was the true winner? Even if Trump is removed from office, he might still have enough clout in a state to get a criminal prosecution rolling. Why is this better than the current results we have now which, I believe, were conducted by honest officials not being threatened by criminal prosecution if he was determined that the voters voted for the wrong guy?
The election has to be decided by votes.  Officials just ensure that ballots are counted properly (all of the ballots lawfully cast).

In Canada we have a parliamentary system so we elect members of parliament who sit in the House of Commons.  We have mandatory judicial recounts if the winning margin is less than 1/1000th of the votes cast. Anyone may apply to a judge for a recount if there is evidence of incorrect counting or adding of votes or incorrect rejection of ballots or an incorrect return. Representatives of all parties are able to be present.   But it is still just a recount. The judge does not have the power to decide who won if, in the end, the votes do not add up in a candidate's favour.


Online Andrew Mason

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3138 on: January 05, 2021, 07:41:38 PM »
From Trump’s January fourth speech in Georgia:

Hopefully Trump will be doing that from within a Georgia prison. Well, one can hope.
I can't imagine why Trump would not be charged at least with attempt to interfere in a state vote count.  If our Prime Minister did anything close to this, there would be immediate political and legal consequences.  In Canada, no one has immunity from being charged criminally.  And political consequences can be very swift.  This conduct would almost certainly result in the PM's immediate resignation or the immediate defeat of the government, or both. 

Federal elections in Canada are run by an independent agency, Elections Canada.  The agency's operations are overseen by the Chief Electoral Officer of Canada (CEOC) who is appointed by Parliament. The provinces have no role to play in federal elections.  The Commissioner of Canada Elections is an official appointed by the CEOC to actually administer the elections according to the Canada Elections Act. Neither Parliament nor the government has any say in approving the election results or in deciding who won.  That is all done by officials carrying out the Canada Elections Act and subject to judicial recounts.  Judicial review is available to ensure that officials act according to law, but election related legal actions are extremely rare.

In Canada's parliamentary system, the Prime Minister is not elected directly.  The leader of the party with the most seats in the House of Commons becomes the PM and forms a government.  That government will fall if the House of Commons passes a motion of non-confidence in the government.  The closest Canadian equivalent to Trump calling the Georgia Secretary of State and asking him to find another 11,780 votes would be the PM of Canada calling up the CEOC and asking him to find more votes for particular candidates.

The current governing Liberal party does not have a majority of seats (we have 3 major national parties and a regional party based in Quebec) so it would not likely survive a non-confidence vote if the PM did something like Trump's phone call. 

Constitutional differences between US and Canada

Under Canada's written constitution, every citizen has the right to vote in provincial and federal elections. The US constitution does not provide an equivalent right.  The U.S. constitution provides that state legislatures, not citizens, choose electors to the Electoral College.  So denial of citizens the right to vote (e.g. because they are convicted felons, or because they have to wait 12 hours in a lineup to vote, or because someone decided that they no longer deserve to be on the voters list) is not a denial of a constitutional right in the U.S., it seems.

The existing constitutional framework in the U.S. does not work unless Congress is committed to upholding it.   The checks and balances that were touted when Nixon was forced to resigned only work if you have a congress and an electorate that is willing to hold the President accountable. That was the case in 1974.  Sadly, it is no longer.

It seems to me that some constitutional amendments in the U.S. would be in order.  While you are at it, you might want to do something with the second amendment to make it clear that it does not give citizens the right to own bazookas and tanks or invade legislature buildings and attack their governments. I have never been able to understand why anyone in a democracy thinks they need a clause in the constitution that allows them to overthrow an elected government by force.


« Last Edit: January 05, 2021, 09:32:35 PM by Andrew Mason »

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3138 on: January 05, 2021, 07:41:38 PM »


Offline Joe Elliott

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3139 on: January 05, 2021, 11:41:55 PM »

I can't imagine why Trump would not be charged at least with attempt to interfere in a state vote count.  If our Prime Minister did anything close to this, there would be immediate political and legal consequences.  In Canada, no one has immunity from being charged criminally.  And political consequences can be very swift.  This conduct would almost certainly result in the PM's immediate resignation or the immediate defeat of the government, or both. 

Federal elections in Canada are run by an independent agency, Elections Canada.  The agency's operations are overseen by the Chief Electoral Officer of Canada (CEOC) who is appointed by Parliament. The provinces have no role to play in federal elections.  The Commissioner of Canada Elections is an official appointed by the CEOC to actually administer the elections according to the Canada Elections Act. Neither Parliament nor the government has any say in approving the election results or in deciding who won.  That is all done by officials carrying out the Canada Elections Act and subject to judicial recounts.  Judicial review is available to ensure that officials act according to law, but election related legal actions are extremely rare.

In Canada's parliamentary system, the Prime Minister is not elected directly.  The leader of the party with the most seats in the House of Commons becomes the PM and forms a government.  That government will fall if the House of Commons passes a motion of non-confidence in the government.  The closest Canadian equivalent to Trump calling the Georgia Secretary of State and asking him to find another 11,780 votes would be the PM of Canada calling up the CEOC and asking him to find more votes for particular candidates.

The current governing Liberal party does not have a majority of seats (we have 3 major national parties and a regional party based in Quebec) so it would not likely survive a non-confidence vote if the PM did something like Trump's phone call. 

Constitutional differences between US and Canada

Under Canada's written constitution, every citizen has the right to vote in provincial and federal elections. The US constitution does not provide an equivalent right.  The U.S. constitution provides that state legislatures, not citizens, choose electors to the Electoral College.  So denial of citizens the right to vote (e.g. because they are convicted felons, or because they have to wait 12 hours in a lineup to vote, or because someone decided that they no longer deserve to be on the voters list) is not a denial of a constitutional right in the U.S., it seems.

The existing constitutional framework in the U.S. does not work unless Congress is committed to upholding it.   The checks and balances that were touted when Nixon was forced to resigned only work if you have a congress and an electorate that is willing to hold the President accountable. That was the case in 1974.  Sadly, it is no longer.

It seems to me that some constitutional amendments in the U.S. would be in order.  While you are at it, you might want to do something with the second amendment to make it clear that it does not give citizens the right to own bazookas and tanks or invade legislature buildings and attack their governments. I have never been able to understand why anyone in a democracy thinks they need a clause in the constitution that allows them to overthrow an elected government by force.

Nothing here I disagree with.

It looks to me that Canada is very similar to Great Britain. The Prime Minister is not directly elected but is determined by the party, or coalition of parties, who have over 50%. This seems like a good system.

I like the British and Canadian system a lot because you can form a small party and have a chance of being part of the main government. In America, you have to be either in the Democratic or the Republican party. It sort of works, because parties do change over time, but the British system sounds more natural.

Question:

In Canada, what happens if no party by itself has 50%, and the parties refuse to make an agreement with the others to form a coalition? I get the impression that in Great Britain, the Queen would put moral pressure on them to come to an agreement. What would happen in Canada?


The United States was the earliest true democracy, though it took a while for voting rights to be pretty universal, at least for white males. But even that took a while. But we formed a rigid Constitution, to insure basic rights. It may be that the British and Canadian system to trust the parliament, allowing more liberal policies to more easily come into place, may be the superior system. America was tardy in giving blacks the vote, giving woman the votes, etc.


The Second Amendment. The Constriction could not be clearer. The government shall not interfere with the right of a well regulated militia to bear arms. Not the right of an isolated individual. Not the right on an isolated individual and his buddy, or a hundred buddies, who declare themselves to be a well-regulated militia. To me, this means a militia under the control of the Governor, hopefully with a few days a year of getting together and training and making it clear the chain of command, which leads to the governor. A well-regulated militia, not a mob that runs off and does whatever it wants to do with guns, regardless of what the majority wants.

So, what the hell happened here. Well, as I understand it, up until the 1950’s, the Second Amendment was not used to protect the right of private individuals to fire arms. Then, some activist judge decided that is the way it should be interpreted. And other judges went along. And now, somehow, this has been established by precedence. In my mind 70 years of precedence should not overrule the original framer’s intent, particularly when the original framers got it right on this issue, as they didn’t always get right on others.

Online Andrew Mason

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3140 on: January 06, 2021, 01:05:45 AM »
Nothing here I disagree with.

It looks to me that Canada is very similar to Great Britain. The Prime Minister is not directly elected but is determined by the party, or coalition of parties, who have over 50%. This seems like a good system.

I like the British and Canadian system a lot because you can form a small party and have a chance of being part of the main government. In America, you have to be either in the Democratic or the Republican party. It sort of works, because parties do change over time, but the British system sounds more natural.

Question:

In Canada, what happens if no party by itself has 50%, and the parties refuse to make an agreement with the others to form a coalition? I get the impression that in Great Britain, the Queen would put moral pressure on them to come to an agreement. What would happen in Canada?
Canada has a tradition of minority federal governments that last so long as the other parties are willing to support the government on budgets and non-confidence motions.  If a government loses either, it will fall and an election will be called. A minority government is not a coalition, that is two parties working together to form a government. In a minority government, the government is formed from the party with the most seats and has to work with other parties to get budgets and legislation passed.   Some of our best legislation - including universal health care - came from periods of minority governments.

Canada does not have as strong a tradition of coalition governments, although there was a recent one in the province of British Columbia between the New Democratic Party and the Green Party.  After the May 2017 election in BC, the NDP had fewer seats (41) than the Liberals (43) and the Green Party had 3 seats.  The Greens said they would support the NDP but not the Liberals so they formed a coalition government.  The NDP/Green coalition government lasted for over 3 years.  The NDP was re-elected with a majority (57 seats) in October 2020. The NDP and Green are on the left of centre side of politics.  The Liberals are usually centre left but in BC are more centre-right.

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The United States was the earliest true democracy
... if one can call your Electoral College "true" democracy.
Quote
..., though it took a while for voting rights to be pretty universal, at least for white males. But even that took a while. But we formed a rigid Constitution, to insure basic rights. It may be that the British and Canadian system to trust the parliament, allowing more liberal policies to more easily come into place, may be the superior system. America was tardy in giving blacks the vote, giving woman the votes, etc.
There are benefits to both systems.  But the Parliamentary system arguably allows for more immediate accountability.  The PM and ministers are required to answer questions from the opposition during the parliamentary Question Period, which is held each day that the House of Commons sits and is broadcast nationally.  In your system, the legislators rarely if ever get to put questions to the President or the cabinet.  When they try, the White House invokes executive privilege and they refuse to co-operate.

Quote
The Second Amendment. The Constriction could not be clearer.
.... you are kidding, right?  If it was so clear, why is there so much disagreement, including in the US Supreme Court (5:4), over what it means?

Quote
The government shall not interfere with the right of a well regulated militia to bear arms. Not the right of an isolated individual. Not the right on an isolated individual and his buddy, or a hundred buddies, who declare themselves to be a well-regulated militia.
Although I agree with you that this is what was likely intended or at least hoped, the wording makes a right of "the people", not a right of a government or militia or the right of a state to be secure:  "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." 

Maybe it was thought that in order to keep a state secure and free of despots, leaders should be afraid of the people.  The idea that armed people would always be well-regulated and do what is right and act in the interest of the public as a whole seems a bit naïve.

Quote
To me, this means a militia under the control of the Governor, hopefully with a few days a year of getting together and training and making it clear the chain of command, which leads to the governor. A well-regulated militia, not a mob that runs off and does whatever it wants to do with guns, regardless of what the majority wants.So, what the hell happened here. Well, as I understand it, up until the 1950’s, the Second Amendment was not used to protect the right of private individuals to fire arms. Then, some activist judge decided that is the way it should be interpreted. And other judges went along. And now, somehow, this has been established by precedence. In my mind 70 years of precedence should not overrule the original framer’s intent, particularly when the original framers got it right on this issue, as they didn’t always get right on others.
I agree and I wish that was the case for you and your fellow citizens and for Canadians who have to deal with the illicit flow of handguns into our cities from the US (handguns are very restricted in Canada). But you are going to need a new second amendment to get around the Supreme Court decision in District of Columbia v. Heller, 554 U.S. 570 (2008).  With that 5:4 ruling, the second amendment protects an individual's right to bear arms for purposes of self-defense.  The majority held that a legislated handgun ban and requirement that rifles and shotguns be kept unloaded and either disabled or locked was unconstitutional.  


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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3140 on: January 06, 2021, 01:05:45 AM »


Offline Joe Elliott

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3141 on: January 06, 2021, 01:23:33 AM »

Although I agree with you that this is what was likely intended or at least hoped, the wording makes a right of "the people", not a right of a government or militia or the right of a state to be secure:  "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." 

To me the meaning could not be clearer. The people do have the right to keep and bear arms, so long as they are a member of a well-regulated militia.

It the intent was to allow anyone to keep and bear arms, then there would be no mention of a well-regulated militia. It just would have said that individuals could keep and bear arms for any reason they deemed sufficient. For being a member of a well-regulated militia, to go hunting, to go seize a government official elected by the people, or for whatever purpose that individual deems to be good.

 It appears to me there are some expressed conditions in the Constitution for the right to bear arms. One must be a member of a well-regulated militia. If I want to keep and bear arms, I have to meet the conditions. And a well-regulated militia I interpret as being under the control of elected officials, like the governor. Being a member of the Proud Boys is not sufficient.


.... you are kidding, right?  If it was so clear, why is there so much disagreement, including in the US Supreme Court (5:4), over what it means?

I cannot help it if the courts, including the U. S. Supreme Court, since the 1950’s, have taken an activist course in changing the meaning of this portion of the Constitution.

Offline Joe Elliott

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3142 on: January 06, 2021, 01:34:17 AM »

Headline: Rudy Giuliani says that any Republican against overturning Election should leave the party.

I’m way ahead of you mayor.

Offline Joe Elliott

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3143 on: January 06, 2021, 02:12:38 AM »

Cleta Mitchell who is a lawyer who was participating in the SaPersonay phone call with Trump to the Secretary of State of Georgia. She has just resigned from the law firm she was a member of, Foley & Lardner. The law firm said that they “concluded that her departure was in the firm’s best interests, as well as in her own personal best interests". Cleta Mitchell blamed a "massive pressure campaign in the last several days mounted by leftist groups via social media" for her resignation and that this had nothing to do with her participating in a phone call with her client while he used pressure and threats of criminal prosecution to influence a government official to declare him the winner of an election, which was against Georgia law.

Actually, and Andrew Mason can correct me if I’m wrong, but if you’re a lawyer who is on a conference call, and your client makes a threat that is a felony, and you sit by and say nothing. You don’t interrupt to “interpret” what you client really means. And it turns out that call was recorded. Yes, I think you can get fired for that. I’m not certain it requires some left-wing conspiracy to pull that off.
« Last Edit: January 06, 2021, 05:43:26 AM by Joe Elliott »

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Re: Trump supporters and conspiracy theory - Part 2
« Reply #3143 on: January 06, 2021, 02:12:38 AM »