I was reminded by an attorney friend of mine that Judge Daniel's comments were a violation of his judicial ethics. Judge Daniel is allowed to have a private opinion, but he is not allowed to insert it into an active case. The same goes for the threat issued by Judge Starrs. Binding Electors is unconstitutional. Period. State law cannot supersede Federal Law. Period. These two jurists should recognize their ethical lapses and remove themselves from the bench.
Priss, try studying a little about Constitutional law before you go letting state law upend the Constitution.
I have written a rather lengthy article explaining why Judge Daniels got this wrong. It is in response by this article, also written by Corey Hutchins, which discusses Judge Daniels' ruling in more detail.
Here are some of the highlights from my article.
There are five reasons why Judge Daniels clearly got this wrong.
1)As noted above, he clearly went against the wishes of our Founding Fathers.
2)As noted by the Electors' lawyer, Jason Wesoky, if Hillary had won the election and the FBI later disclosed that she had engaged in criminal activity, Trump's lawyers would be filing suit arguing that the Electors should be free.
3) Judge Daniel's insistence that electors should get the legislators to change the law can only be classified as cute. He knows that this is no remedy since the odds of convincing the legislators of changing the law before December 19th are zero. It is also an abdication of his judicial responsibility for striking down unconstitutional law.
4) Those who voted for Clinton did not just vote for Clinton. They also voted against Donald Trump. A sizeable portion probably held their nose in voting for Clinton because they saw no alternative. (An August 2016 Pew Research Survey showed that 46% of those who planned to vote for Clinton were doing so mainly because they wanted to prevent Trump from becoming President.) Judge Wiley claimed that voters who had voted for Clinton would be harmed if their Electors were free to vote for someone else. However, if all Electors were bound to their candidate then Trump would be guaranteed to become President and all Clinton voters would suffer 100% harm. Freeing the Electors to vote their conscience would set a precedent for judges in other states to unbind their states' Electors. This would increase the chance that someone other than Trump would become president, thus partially satisfying the wishes of a substantial number of Clinton voters. In other words, the harm suffered by Clinton voters would be reduced by unbinding the Electors. The same argument would hold even more strongly for unbinding the Electors who were pledged to Trump. That same Pew Research Survey showed that 53% of those planning to vote for Trump were primarily doing so to prevent Clinton from winning. Their interests would arguably be better served by freeing the electors to vote for another candidate. The next point explains why EVERYONE'S interests, both voters and nonvoters, are better served by unbinding the Electors.
5)The Constitution is not a suicide pact. So warned Justice Robert Jackson in his dissent in Termineillo v. City of Chicago. So too did many who justified increased electronic surveillance of American Citizens as a response to the 9/11 attack. And while he was arguing for a temporary ban on Muslims entering the U.S., Donald Trump said, "The Constitution there's nothing like it. But it doesn't necessarily give us the right to commit suicide, as a country, OK?" If the Constitution is not a suicide pact, then certainly a state law binding selectors is not a suicide pact either. I will argue below why enabling Trump to become President is equivalent to entering a national suicide pact, or at the very least, equivalent to playing Russian Roulette. But before arguing this, I shall present several non-suicide related reasons for allowing the Electors to reject Donald Trump. . . .
To summarize, Donald Trump poses a great threat to the existence of the United States.
1)He is sure to antagonize most of the 1.6 billion Muslims around the world.
2) He is likely to antagonize the Chinese government that represents 1.35 billion people, or 20% of the world's population. This government commands the largest military in the world and possesses over 200 nuclear warheads.
3)Trump has said that China must take stronger action against North Korea to pressure it to halt its nuclear weapons program. He has even suggested that China should invade North Korea to solve this problem for us. It is impossible to imagine China invading North Korea under even the best of circumstances. Imagining it will increase cooperation with the U.S. in any realm while we are challenging the One China policy is folly.
4)He has already antagonized our neighbors to the South with his threat to build a wall and make the Mexicans pay.
5) He has, perhaps inadvertently, created major divisions within our society by creating conditions where the Ku Klux Klan and neo-nazis flourish.
6) He has called global warming a hoax and is seeking a way to withdraw from the Paris Agreement to fight climate change by limiting greenhouse gas emissions. He is reportedly considering stripping NASA's budget to prevent it from monitoring climate change.
7) He may be looking for an excuse to abandon the Iran nucler deal. It is extremely unlikely that other nations will join us in reinstating a sanctions regime against Iran if we torpedo the deal. If the deal collapses we will be faced with a choice of letting Iran's nuclear program go unchecked or going to war with Iran.
8) Putting Donald Trump in charge of nuclear weapons is not just playing Russian Roulette with our national security. It is playing Russian Roulette with human survival.
Again, this has only included the highlights of my article, The entire article can be found here.
Let him fund his own self-aggrandizing claptrap.
There is more than a little debate as to whether state law can trump (ugly pun) Federal law with regard to something as well defined in the Constitution as the authority of Electors as described in Article II, Sec 1 and in the 12th Amendment. Nemanich and his attorney, Jason Wesocky are arguing that the Constitution is the supreme law of the land and States cannot force an Elector to vote against his or her conscience. Whether you "buy it" or not, Mr Howell, it would behoove you to read Hamilton's Federalist 68 and reference it to Clinton Rossiter's edition of "The Federalist Papers", which includes margin references in the Constitutional section to the different Federalist Papers that were considered in the construction of the language of the final document. Madison's Federalist 10 also has references to "mischief" by "factions" and that a stopgap was needed to prevent our democracy from falling into the hands of outside interests.
The overtly loud noises coming from the Denver courtrooms (Judge Daniel's 'political stunt' comment, and Judge Starrs' threat of 'repercussions' are ominous. Article II, Section 1 is clear - the Electors have the final say in judging whether a candidate is fit for the office of President. There are numerous utterances that have come from the mouth of President-elect Trump that would get him removed from public gatherings of civilized citizens, thrown out of parties, perhaps arrested for aggravated sexual assault, tax fraud, fraud in general with his phony Trump University, etc...but most troubling is the cozy relationship he and his Cabinet/NSA selections have with Vladimir Putin. Putin and crew are poised to take a major role in the Middle East as Syria's ally and Iran's best friend (and oil client). If John Jay, James Madison and Alexander Hamilton could provide a persuasive enough argument to have the language in Article II, Sec 1 in the main text of the Constitution they must have felt pretty strongly about it. Could the judges legal knowledge be so remiss? Or could they be so un-American?
That the Electoral College has not been tested in this matter is not the issue. This is not a "political stunt", Judge Daniel - this is the United States Constitution at work. Its purpose is to prevent outside influence in our democracy. Hamilton, in Federalist 68, paragraph 5, states "Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desires of foreign powers to gain an improper ascendant in our councils. How could they better gratify this by raising one of their own to the chief magistracy of the
Hamilton goes on to comment that the Electors should be under the influence of no outside sources and should vote as their conscience dictates for the good of the country (paraphrased to preserve space).
Trump has not condemned Russia's intervention in Syria. Trump has not condemned Putin's annexation of Crimea. Putin has made it clear that he has an interest in the Baltic States. He has said that he may abandon our allies in NATO. He has considered David Petraeus, a convicted criminal who shared classified information with his mistress, for Secretary of State before selecting Rex Tillerson who has done multiple billions in oil deals with Russia; he has chosen Gen Mike Flynn as National Security Advisor after it was learned that Flynn shared classified information with the Afghan military; his first campaign manager, Paul Manafort, operated as a lobbyist for the Ukraine for former President Yevtushenko, a Putin loyalist, without registering with the State Department, a potential felony. Coupled with his vulgarity and admission of sexual assault because he could get away with it due to his celebrity make him totally unfit to serve as President.
If you are a single issue voter - gun control laws and abortion rights specifically - please remember that Trump's opponent amassed 2.8 million votes more than he did, and momentum shifted after a false news release regarding 650,000 emails hacked from DNC servers and Hillary Clinton's personal emails. Emails that had already been reviewed by the FBI and dismissed and careless but not harmful...and the timing of the release was devastating.
If you are a jubilant Republican I lay this entire disaster at your feet...and you can bet I'll be there to tell you I told you so when the bottom falls out and we find ourselves in a worldwide oligarchy - and not at the top of the heap, either. For shame!
But you probably won't read this and the references, anyway.
First of all, he is not a math 'teacher'. Second of all, what the heck is he trying to do? He has to vote for Clinton, whom apparently he supports anyway! I'm sorry if he did not check the laws first - he is bound. He just wants to oust Trump - why???? Why is America not supporting, encouraging and giving Trump a chance? Clinton is a proven liar and a cheat - why would we want her? I am very sorry Mr. Nemanich will not have his 'ceremonial situation' for history...awww shucks.
I'm not buying this AT ALL. No doubt Mr. Nemanich took on the responsibility of being an elector knowing that he was bound by state law to vote for the state's popular vote winner. If he didn't agree with the law, then he should not have become an elector. I smell grandstanding.
You are an amazing an inspiring women Tara I have been in two abusive relationships the first was physically mentally emotionslly Abusive the second was emotionally and mentally abusive I had kids with the second one which made it so .much harder to leave that was giyr years ago that you left thank you for sharing .
All this talk of 1st Amendment rights, but does anyone find troubling the censorship by CSIndy on the FB page? It seems dissent is the *lowest* form of patriotism when someone challenges the party line.
Any thoughts on that, Nat Stein?
Seth Meyers: Stop Normalizing Alt-Right, Call A Nazi A Nazi
Check out this INSANE footage of the anti Milo Yiannopoulos protest @ DePaul University! MUST WATCH PLAYLIST! https://youtu.be/vn-l3C8kn94?list=PLoQTg3myRNTeBbH_wcuw6VEX77ZiFst8H
I had a similar situation get a restraining order say you are afraid dont say hes living with you use his previous address for serving him...file proof of service.
Then change your locks...yes change your locks.
Put a copy of restraining order and proof of service,ur lease and a statement.
This man is trespassing and restrained from myself and property.
Dont say anything else.
When the police come.
Put your earplugs in.
The police cant break in and his key wont work.
Restraining order isnt for cops to dispute.
If you have to speak to the police.
And they threatenen illegal lock out.
With or without a restraining .
This man does not live here..its a civil matter for the courts.
Go inside lock ur door.
9 times out of 10.
Loser wont file...
Worked for me ...twice.
You should get Timothy Kurek to speak, author of the book "The Cross in the Closet" about a straight man who for one year came out as gay to see how his family, friends and church would respond. Great read and shows how peoples perceptions of another can be so bias when you don't take the time to know someone, and how religion warps this perception. https://www.facebook.com/timothykurek/
I'd support a storm-water fee on new development, as developers are the root cause of the issue.
The problems with the storm water drainage systems began with the land developers. The developers were in charge of engineering and building systems that would adequately drain storm water. They were suppose to design and build systems adequate for the surrounding areas also, and were given credits for the costs to mitigate the surrounding areas. However, they always had financial incentives to design and build the least expensive approach. The City engineers had a minimal role in these undertakings and were unqualified to review and validate the engineering. Until this developer administered system is replaced with an enforceable system that ensures adequate engineering and construction, the problems will continue.
It would appear as if this mayor and this council have inherited 'the buck stops here' moment in time to rectify a problem that has been building for 30 years. And none of the solutions are going to be received well by the voting public! Tough choices.
Yet it seems as if the council is not willing to deal with the issue NOW as the unpleasant choices they will have to make will jeopardize their chances for re-election. Which begs the question - if getting re-elected 'trumps' doing the job they were elected to do, should they all not be voted out of office?
Colorado Springs Democrats scrambling to find something negative, typical election tactics! We've already found neo-Nazi stuff on the walls in the b-rooms, LOL. Milo's a gay jew, yeah I'm sure all these CSprings Nazi's are supporting that. Don's comment above is typical of the Democrat's attempts to shut something down when it doesn't feed their agenda. Love the UCCS professor who wants to invite an English man to speak on U.S. subjects when he's already shown his disdain for the upcoming President. Let's invite Joe Schmo from Alabama to speak at the next Brexit meeting and tell us what needs to be done (btw, he told a joke once he seems funny).
On the contrary to Dr. Rose's sentiment, UCCS not only can but should refuse the UCCS College Republicans' request to invite Yiannopoulos to the campus. His actions on Twitter led to rape and death threats for several people, including Randi Lee Harper, Leslie Jones, and Jessica Valenti and her 5-year-old daughter. Turning Point USA runs a "professor watchlist" website that constitutes a threat to the safety of liberal and progressive instructors.
Yiannopoulos has a First Amendment right to express himself, but that right cannot come at the expense of the UCCS community's safety.
Well Ill give ya that one Robert and agree.
Tannim- When you are stopped by police ask them! I know if a person is cash poor and their license plates expire they then are charged another $100 when they finally register it. A fine for poverty. No moey? Then pay more. Billionaire? Forget it, (wink wink). For a police spokesperson to say they do not know if a vehicle is illegal must not have been on the force when Harley owners were being stopped so police could inspect exhaust pipes for the fine print stamped into the underside of the pipe for the EPA legal seal of approval. What department was it that switched their Harley's pipes back to factory from aftermarket pipes and who paid for it?
So drive without those permission papers and then go to jail and wait in there for trial to find out if you are going to go to jail. This is the same society that makes "community service" a punishment instead of a good deed. The same town that makes you sit in your car to warm it up before heading out on a cold morning- totally misunderstanding the entire concept of "warming up". They say it can be stolen if you do not sit in it. Well yes it can and that is called 'carjacking' and it is the police departments job to stop crime. Whoops sorry, I forgot, their job to investigate crime. . . I have seen police cars sitting empty and engine running so why can we not do the same? Same reason some believe police and police only should have firearms to protect themselves... If your neighbor was drunk and fired a few rounds off into the ground and you then came out and shot him fatally in the back all the while he never even knew you were on the other side of the wooden fence hiding would you be charged with anything? Would an officer if he did the same thing?
Permission slips to drive on roads you paid for but the roads never have any maintenance because the money you paid, it's... it's ... well it was somewhere in the budget but it disappeared, several millions gone, gone where? I dunno, oh well, let's vote and raise taxes because everyone wants to give up hard earned pay right? Doug Bruce is in jail so he cannot stop that measure from passing. BUT, If you do not pay tax then you need no permission to drive on roads that tax dollars are never spent on. (The burns in your car seat? Dropped your joint you were smoking creating Pot Holes... I digress I guess)
The Broadmoor contributes millions to the coughers I mean coffers and the rest is chump change from the lower-downs who golf on the no-smoking links but their car does a pot-hole-in-one everyday. Let's trade everything to The Broadmoor! I get dibs on a suite and one of them trucks that haul ass!
Bravo, Pam. As we all know, the Broadmoor is a power unto itself!
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