US Midterm Election 2018 Megathread- It's Kavanaugh

[Vassenor]

So how has the 14th Amendment been "completely repurposed"?

It's been interpreted in a way completely and knowingly inconsistent with the purpose of its creation.

Which was what?

[The Parkus Empire]

It would apply to quite a few, as well as the commerce clause. It's possible the Constitution itself would not have been adopted if it was understood that it could be unilaterally repurposed by the Federal Government.

Well what I was thinking was that you might be mistaken for one of those liberals who say the 2nd Amendment only applies to ye olde blacke powedere armes.

That would be inconsistent with its purpose.

[Ifreann]

So how has the 14th Amendment been "completely repurposed"?

It's been interpreted in a way completely and knowingly inconsistent with the purpose of its creation.

It's purpose would seem to be stopping the practice of states denying people equal protection of the law and all that.

[The Parkus Empire]

It's been interpreted in a way completely and knowingly inconsistent with the purpose of its creation.

Which was what?

Multiple ways, including Roe v. Wade and Lawrence v. Texas

[San Lumen]

How is legal guardian federal if my marriage and adoption isn’t recognized in another state? By your logic loving v Virginia was wrongly decided. We should have left it to the states and Mr loving should have just accepted his marriage to the women he loved would never be recognized in Virginia

Your status as legal guardian is not contingent upon another state permitting your adoption. There is adoption all over the world lacking our criteria, we still recognize the custody even if we would not have permitted the adoption here.

The interracial marriage thing should have rather been fixed by an Act of Congress.

Which it wasn’t going to be anytime soon. Two men in Salt Lake City who want to get married or adopt children sorry you can’t. Tough luck move to another state?

[San Lumen]

Which was what?

Multiple ways, including Roe v. Wade and Lawrence v. Texas

So in other words we should allow states to make homosexuality illegal?

[Shrillland]

No, he won't win. This is a district no republican has held in over 40 years. Enough of the fear mongering. This happens everytime we get a candidate who's a terrible person. First comes the media coverage, then the endless freakouts and insistence he's totally going to win. Then he gets trashed. I seem to remember certain people on this forum insisting Don Blankenship would win. How'd that prediction work out? Also, I said federal election. Last time I checked the Virginia house of delegates is not a part of congress.

They said Trump would never win either.

Moreover, this is a hereditary seat. The Lipinskis have had it for decades. Second, you don't know the makeup of the 3rd, its primarily Hispanic and Polish Catholics, I don't think they're going to vote for someone who actively hates them.

[Zurkerx]

But maybe it'll take a blowout, maybe several, to show the GOP that maybe, just maybe they need to straighten out? So, I would like to see the base nominate someone extreme just to prove a point.

When it happened in 2006 and 2008 they just cranked the dial to 11 and wound up back in power.

Eh, voter turnout led to their rise back into power, and that was low, which the GOP tend to do well in.

I doubt that would prove the point to them. If losing a Senate seat in Alabama doesn't prove to republicans that radical nominees can cost them elections nothing will.

Its my hope that this midterm and the 2020 elections are such wave elections they realize they are becoming too extreme.

Changing demographics will make them realize that. Short term, they retain power but long term, it's going to be a struggle.

[Fahran]

Which it wasn’t going to be anytime soon. Two men in Salt Lake City who want to get married or adopt children sorry you can’t. Tough luck move to another state?

Full faith and credit clause. Theoretically, the gentlemen could take a road-trip to California and get married quite easily. SCOTUS would probably have needed to make the ruling still, but it would have been more originalist. Still, we're off-topic.

Changing demographics will make them realize that. Short term, they retain power but long term, it's going to be a struggle.

If they can siphon off black and Latino voters from the DNC by appealing to their religious and communitarian values, they'll probably wind up with a much broader voter base. The demographic shift that Democrats are touting relies heavily on voters who have backgrounds and values that lend themselves to conservatism in the more traditional sense.

[Bakery Hill]

Which it wasn’t going to be anytime soon. Two men in Salt Lake City who want to get married or adopt children sorry you can’t. Tough luck move to another state?

Full faith and credit clause. Theoretically, the gentlemen could take a road-trip to California and get married quite easily. SCOTUS would probably have needed to make the ruling still, but it would have been more originalist. Still, we're off-topic.

Changing demographics will make them realize that. Short term, they retain power but long term, it's going to be a struggle.

If they can siphon off black and Latino voters from the DNC by appealing to their religious and communitarian values, they'll probably wind up with a much broader voter base. The demographic shift that Democrats are touting relies heavily on voters who have backgrounds and values that lend themselves to conservatism in the more traditional sense.

Maybe that's possible, but they won't. The trend for at least the past decade, if not the last two decades, has been strongly pulling in the other direction.

[Vassenor]

Which was what?

Multiple ways, including Roe v. Wade and Lawrence v. Texas

No, I meant what was the purpose of the amendment's creation?

[Morgantown West Virginia]

The confirmation process for Brett Kavanaugh is surely going to be the ugliest since Justice Thomas' at the least. It will energize both bases, right now though it seems that the Democrats are the most energized. I would assume that the GOP will start coming more as we head toward the confirmation hearings. As its impact on the midterms, right now it seems like it could be big, but if the process gets done before the general election, then IMO is that the impact will be lower than expected.

[Shrillland]

Multiple ways, including Roe v. Wade and Lawrence v. Texas

No, I meant what was the purpose of the amendment's creation?

It was to ensure that states rights wasn't used as an argument to deny African-Americans their fundamental rights as people, something that was being done with the "Black Codes" in place in the former CSA before the 14th Amendment was ratified. It became a condition of readmission to the Union that southern states ratify the 14th Amendment.

[Shrillland]

The confirmation process for Brett Kavanaugh is surely going to be the ugliest since Justice Thomas' at the least. It will energize both bases, right now though it seems that the Democrats are the most energized. I would assume that the GOP will start coming more as we head toward the confirmation hearings. As its impact on the midterms, right now it seems like it could be big, but if the process gets done before the general election, then IMO is that the impact will be lower than expected.

I think he'll get through. The math simply isn't there to keep him out, nor can the Democrats manage to put up such a resistance indefinitely for pick after pick after pick.

[Fahran]

Maybe that's possible, but they won't.

Not immediately, perhaps, but there have already been quiet discussions about it among conservative and traditionalist intellectuals. We're observing a plausible retreat from unbridled neoliberalism by the GOP as well, even if it remains principally nativist and white in character at the moment. Trump's also given unique attention to black issues and has gained a sizable swathe of support in the black community compared to Romney and McCain. A genuine Christian party discussing the dignity, obligations, and elevation of men and women as one community and as one nation would hold some appeal to a lot of voters who presently support the Democrats, especially if they go the champagne socialist or corporate route.

The confirmation process for Brett Kavanaugh is surely going to be the ugliest since Justice Thomas' at the least. It will energize both bases, right now though it seems that the Democrats are the most energized. I would assume that the GOP will start coming more as we head toward the confirmation hearings. As its impact on the midterms, right now it seems like it could be big, but if the process gets done before the general election, then IMO is that the impact will be lower than expected.

Kavanaugh strikes me as rather palatable to both sides of the aisle overall. I'm not certain it would be prudent of Democrats to block him on principle. It would make them look intransigent, partisan, and obstructionist. McConnell and his colleagues blocked a left-wing replacement to Scalia in an presidential election year. The Democrats would be blocking a replacement with a political stance similar to Kennedy in a mid-term election year and, then, ostensibly for two more years after that.

[Vassenor]

No, I meant what was the purpose of the amendment's creation?

It was to ensure that states rights wasn't used as an argument to deny African-Americans their fundamental rights as people, something that was being done with the "Black Codes" in place in the former CSA before the 14th Amendment was ratified. It became a condition of readmission to the Union that southern states ratify the 14th Amendment.

And what we have now is people trying to use states rights as an argument to deny homosexuals their fundamental rights as people.

[Bakery Hill]

Maybe that's possible, but they won't.

Not immediately, perhaps, but there have already been quiet discussions about it among conservative and traditionalist intellectuals. We're observing a plausible retreat from unbridled neoliberalism by the GOP as well, even if it remains principally nativist and white in character at the moment. Trump's also given unique attention to black issues and has gained a sizable swathe of support in the black community compared to Romney and McCain. A genuine Christian party discussing the dignity, obligations, and elevation of men and women as one community and as one nation would hold some appeal to a lot of voters who presently support the Democrats, especially if they go the champagne socialist or corporate route.

I'd be keen to see if the numbers backed that up. I know Trump did better among minorities than Romney but it wasn't anything I'd call a swathe.

[The Parkus Empire]

Multiple ways, including Roe v. Wade and Lawrence v. Texas

No, I meant what was the purpose of the amendment's creation?

To protect freed slaves from reprisals and to integrate them as citizens

[Morgantown West Virginia]

The confirmation process for Brett Kavanaugh is surely going to be the ugliest since Justice Thomas' at the least. It will energize both bases, right now though it seems that the Democrats are the most energized. I would assume that the GOP will start coming more as we head toward the confirmation hearings. As its impact on the midterms, right now it seems like it could be big, but if the process gets done before the general election, then IMO is that the impact will be lower than expected.

I think he'll get through. The math simply isn't there to keep him out, nor can the Democrats manage to put up such a resistance indefinitely for pick after pick after pick.

I think it will not be that close, unlike Coney Barrett, because he will probably be able to keep Collins and Murkowski, could easily get Heitkamp with the way her polls are looking, Jones will be looking towards 2020, and possibly Manchin and Donnelly depending on how their polls are looking come final vote time.

[The Parkus Empire]

No, I meant what was the purpose of the amendment's creation?

It was to ensure that states rights wasn't used as an argument to deny African-Americans their fundamental rights as people, something that was being done with the "Black Codes" in place in the former CSA before the 14th Amendment was ratified. It became a condition of readmission to the Union that southern states ratify the 14th Amendment.

This invalidates Texas v. White then, which says they never left the union

[Shrillland]

I think he'll get through. The math simply isn't there to keep him out, nor can the Democrats manage to put up such a resistance indefinitely for pick after pick after pick.

I think it will not be that close, unlike Coney Barrett, because he will probably be able to keep Collins and Murkowski, could easily get Heitkamp with the way her polls are looking, Jones will be looking towards 2020, and possibly Manchin and Donnelly depending on how their polls are looking come final vote time.

The only one I disagree with is Manchin. He needs to provide at least some lip service to Progressives, small though they may be in WV, so a symbolic no vote might help him out. As popular as he is, he could probably get away with it.

[Vassenor]

No, I meant what was the purpose of the amendment's creation?

To protect freed slaves from reprisals and to integrate them as citizens

And yet there is no explicit reference to only applying to slavery in the amendment.

[Shrillland]

It was to ensure that states rights wasn't used as an argument to deny African-Americans their fundamental rights as people, something that was being done with the "Black Codes" in place in the former CSA before the 14th Amendment was ratified. It became a condition of readmission to the Union that southern states ratify the 14th Amendment.

This invalidates Texas v. White then, which says they never left the union

It says they never legally left, but a lot of them weren't formally readmitted yet. Some of them weren't readmitted until 1870.

[Morgantown West Virginia]

I think it will not be that close, unlike Coney Barrett, because he will probably be able to keep Collins and Murkowski, could easily get Heitkamp with the way her polls are looking, Jones will be looking towards 2020, and possibly Manchin and Donnelly depending on how their polls are looking come final vote time.

The only one I disagree with is Manchin. He needs to provide at least some lip service to Progressives, small though they may be in WV, so a symbolic no vote might help him out. As popular as he is, he could probably get away with it.

Two points
1. I agree with you on the Progressive point, as he only got 70% of the vote in the primary. However, he throughout his career has been able to attract a higher percentage of GOP voters than most Democratic Senators could say. So, he still might play moderate.
2. If President Trump gets into this race with an endorsement for Morrisey than he would have to vote for Kavanaugh to keep some GOP voters with him.

[The Parkus Empire]

To protect freed slaves from reprisals and to integrate them as citizens

And yet there is no explicit reference to only applying to slavery in the amendment.

Nope, but that was its purpose. If you want to go by just the text, you would lose a lot of latitude on interpreting "protection"