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PostPosted: Thu May 07, 2020 8:24 pm 
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https://constitutioncenter.org/blog/doe ... l-election

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Does the Constitution allow for a delayed presidential election?

April 10, 2020 by Scott Bomboy

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As America battles the COVID-19 virus, speculation has started that a prolonged public health crisis could delay or even postpone this year’s presidential election. So how would the Constitution deal with such an unusual situation?

In general, a combination of state or congressional actions could delay elections but not postpone the selection of a president and vice president. The only hard deadline spelled out in the Constitution is the end of a president’s term and a vice president’s term on January 20 of the year following a general election. (That same deadline applies regardless of term limits imposed on the president under the 22nd Amendment.)

The Constitution’s text requires that a group of electors, commonly called the Electoral College, chooses the next president. If a majority of electors fails to agree on a winner, Congress picks the winner in continent elections held within Congress under the terms of the 12th Amendment.

In Article II, Section 1, the Constitution requires two steps in the general election and Electoral College process.

First, the states (and the District of Columbia) are required to appoint members of the Electoral College. “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

Then, Article II, Section 1 delegates the Electoral College deadlines to Congress: “The Congress may determine the Time of chusing [original spelling] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

The Constitution’s 20th Amendment also requires the president and vice president to end their terms of office on January 20 at noon in the year following the general election.

In addition to those basic constitutional requirements, Congress by statute controls when electoral votes are counted at the states and at Congress. The current statute reads that “the electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.” This year, that day is December 14, 2020.

Another part of the election law requires the states to send in their electoral votes to Congress by December 23, 2020. If electoral votes are not received by the fourth Wednesday in December, then the President of the Senate or the Archivist of the United States can use “the most expeditious method available” to get the votes sent to Congress. The electoral votes received by Congress are counted in a joint session at 1 p.m. on January 6. If a presidential or vice presidential candidate does not receive a majority of the electoral votes, the House selects the next president and the Senate selects the next vice president.

In the modern era, the states have used public elections to pick the winners of electoral votes in presidential elections. With the exceptions of Maine and Nebraska (which divide their electoral votes among districts), each state conducts winner-take-all contests, where the winner of the popular vote gets his or her slate of electors designated as their Electoral College representative. Each state legislature has a process for selecting the slate of electors that represents a candidate. The states and political parties work together on the presidential primary process. In some cases, disputes about that process are settled by the courts, with the most notable example being the Bush v. Gore ruling by the Supreme Court in December 2000.

Three opinions from the Congressional Research Service explain scenarios about the possible delays in the presidential election process. One report, released last month, indicates a state under its own laws could postpone the general election date that results in the selection of electors; in the election this year that date is Tuesday, November 3, 2020. At least 45 states have statutes that deal with election day emergencies, the CRS says.

What remains clear is that only the states and Congress have the power to delay that part of the election process. “Unlike the practice of some states that allow the Governor to postpone an election during emergencies, neither the Constitution nor Congress provides any similar power to the President or other federal officials to change this date outside of Congress’s regular legislative process,” the report says.

Congress also would have the power, by changing the appropriate statutes, to change the general election date and as well the dates electoral votes are received in Washington and counted in Congress. Such changes would require the consent of the House and the Senate and would be extraordinary since “the presidential election date has never been changed in response to an emergency,” the CRS concluded.

In 2004, the CRS also looked at the various scenarios of a delayed presidential election in the aftermath of the 9/11 terrorist attacks. It determined Congress could by statute delegate some of its electoral process powers to the Executive Branch in emergency situations. “While the Executive Branch has significant delegated authority regarding some aspects of election law, this authority does not currently extend to setting or changing the times of elections,” the CRS said.

But Congress does not have the power to delay elections without a deadline, the CRS reasoned. “Congress could not postpone elections indefinitely, as the Constitution requires that Members of the House of Representatives shall be chosen ‘every second year’ (under Article I, Section 2) and Senators shall be chosen for terms of ‘six years’ (under the 17th Amendment).

A separate CRS study from October 2004 evaluated scenarios of election delays for the Presidency and Congress due to catastrophic events such as “peril to life and extensive damage to infrastructure.” While a delay could be needed, the requirement to elect a president and vice president still existed: “Congress would tend to accept the delay, so long as the rescheduled elections were held before the date in December when the Electoral College casts its ballots, and the beginning of the next Congress, respectively.”

And, in conjunction with the presidential election, a new Congress also needs to be in place on January 3 following the general election under the 20th Amendment. That new Congress would select a president and a vice president if the Electoral College voters do not agree on a majority winner for each office.

Absent a clear winner of the presidential election on January 20, the Speaker of the House would serve as Acting President under the current succession law. The 20th Amendment requires that the duly elected president and vice president assume their positions at some point. “Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”

Scott Bomboy is the editor in chief of the National Constitution Center.


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PostPosted: Thu May 07, 2020 8:29 pm 
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President Pelosi?

Wow, that would cause some entertaining headlines.


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PostPosted: Thu May 07, 2020 8:31 pm 
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shanky wrote:
President Pelosi?

Wow, that would cause some entertaining headlines.


Free ice cream for all.


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PostPosted: Thu May 07, 2020 8:42 pm 
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Seneca of the Night wrote:
shanky wrote:
President Pelosi?

Wow, that would cause some entertaining headlines.


Free ice cream for all.


:lol:


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PostPosted: Thu May 07, 2020 9:04 pm 
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shanky wrote:
President Pelosi?

Wow, that would cause some entertaining headlines.


Yup.

Not a fan of the succession law having the legislators in it. Should just go to Secretary of State.


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PostPosted: Thu May 07, 2020 9:06 pm 
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Flyin Ryan wrote:
shanky wrote:
President Pelosi?

Wow, that would cause some entertaining headlines.


Yup.

Not a fan of the succession law having the legislators in it. Should just go to Secretary of State.


Or to the first daughter.


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PostPosted: Thu May 07, 2020 9:17 pm 
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Flyin Ryan wrote:
iarmhiman wrote:
That's the thing it's dodgy as fudge . Doesn't matter what the popular vote think. It's what those dodgy electoral college voters in swing states decide to do on the day.


Well if the popular vote decided things all the time Sinn Fein would be running your country right now wouldn't it?


Eh no. They got 24.5% of the vote.


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PostPosted: Thu May 07, 2020 9:27 pm 
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Saint wrote:
Sonny Blount wrote:
Thoughts?

https://www.nytimes.com/2020/05/06/opin ... -vote.html

"So what is the greatest good or the greatest harm? Mr. Biden, and the Democrats he may carry with him into government, are likely to do more good for women and the nation than his competition, the worst president in the history of the Republic. Compared with the good Mr. Biden can do, the cost of dismissing Tara Reade — and, worse, weakening the voices of future survivors — is worth it."


The evangelists have shown the way - hold your nose in order to get what you qant



Fair enough, no more dumping on voters for Trump who knew that he was a philanderer.


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PostPosted: Thu May 07, 2020 9:41 pm 
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Sonny Blount wrote:
Saint wrote:
Sonny Blount wrote:
Thoughts?

https://www.nytimes.com/2020/05/06/opin ... -vote.html

"So what is the greatest good or the greatest harm? Mr. Biden, and the Democrats he may carry with him into government, are likely to do more good for women and the nation than his competition, the worst president in the history of the Republic. Compared with the good Mr. Biden can do, the cost of dismissing Tara Reade — and, worse, weakening the voices of future survivors — is worth it."


The evangelists have shown the way - hold your nose in order to get what you qant



Fair enough, no more dumping on voters for Trump who knew that he was a philanderer.


You've really not understood how this works


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PostPosted: Thu May 07, 2020 10:08 pm 
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Saint wrote:
Sonny Blount wrote:
Saint wrote:
Sonny Blount wrote:
Thoughts?

https://www.nytimes.com/2020/05/06/opin ... -vote.html

"So what is the greatest good or the greatest harm? Mr. Biden, and the Democrats he may carry with him into government, are likely to do more good for women and the nation than his competition, the worst president in the history of the Republic. Compared with the good Mr. Biden can do, the cost of dismissing Tara Reade — and, worse, weakening the voices of future survivors — is worth it."


The evangelists have shown the way - hold your nose in order to get what you qant



Fair enough, no more dumping on voters for Trump who knew that he was a philanderer.


You've really not understood how this works



True. My expectations are suitably lowered.


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PostPosted: Thu May 07, 2020 10:10 pm 
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The vibes are not good for Biden...

https://twitter.com/KateHydeNY/status/1 ... 4234395648

https://www.youtube.com/watch?v=8RPxRZ6i3qc


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PostPosted: Thu May 07, 2020 10:13 pm 
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6.Jones wrote:
TheFrog wrote:
I think the Dems have a unique opportunity to remove Bidden now that accusation of sexual assaults have been made against him. It would both make them look consistent after they waged war against Kavanaugh and allow them to adapt to this new environment with a figure that may better represent what voters want now.

More to the point they burned Al Franken. How do they not burn Biden and not look like frauds? Where is the vitriol now?


Agree. They have a serious issue with credibility here. While Trump could self destruct, they give him a life line.

Get a female candidate, harder for someone to accuse her of sexual harassment.


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PostPosted: Thu May 07, 2020 10:34 pm 
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lilyw wrote:
Flyin Ryan wrote:
iarmhiman wrote:
That's the thing it's dodgy as fudge . Doesn't matter what the popular vote think. It's what those dodgy electoral college voters in swing states decide to do on the day.


Well if the popular vote decided things all the time Sinn Fein would be running your country right now wouldn't it?


Eh no. They got 24.5% of the vote.


So like Hillary they had a plurality and did not command a majority of the support of the country?


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PostPosted: Thu May 07, 2020 10:37 pm 
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Flyin Ryan wrote:
lilyw wrote:
Flyin Ryan wrote:
iarmhiman wrote:
That's the thing it's dodgy as fudge . Doesn't matter what the popular vote think. It's what those dodgy electoral college voters in swing states decide to do on the day.


Well if the popular vote decided things all the time Sinn Fein would be running your country right now wouldn't it?


Eh no. They got 24.5% of the vote.


So like Hillary they had a plurality and did not command a majority of the support of the country?


Jacinda didn't get much more than that. Hitler got more. I'm not saying Jacinda is worse than Hitler.


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PostPosted: Thu May 07, 2020 10:37 pm 
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TheFrog wrote:
6.Jones wrote:
TheFrog wrote:
I think the Dems have a unique opportunity to remove Bidden now that accusation of sexual assaults have been made against him. It would both make them look consistent after they waged war against Kavanaugh and allow them to adapt to this new environment with a figure that may better represent what voters want now.

More to the point they burned Al Franken. How do they not burn Biden and not look like frauds? Where is the vitriol now?


Agree. They have a serious issue with credibility here. While Trump could self destruct, they give him a life line.

Get a female candidate, harder for someone to accuse her of sexual harassment.


We have these things called primaries and since 1968 it's been made more and more harder for delegates to havd any kind of voice independent of the results of the preceding primaries.

Anyone hoping for this is wanting realistically a Biden resignation with all of Biden's delegates most of whom were loyal to Biden's campaign (or loyal to the "not Sanders" campaign) picking the replacement amongst candidates that likely had zero to little support in the primaries. It is not going to be Sanders. And that Convention -even if held virtually- would be something.


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PostPosted: Fri May 08, 2020 12:01 am 
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Flyin Ryan wrote:
iarmhiman wrote:
That's the thing it's dodgy as fudge . Doesn't matter what the popular vote think. It's what those dodgy electoral college voters in swing states decide to do on the day.


Well if the popular vote decided things all the time Sinn Fein would be running your country right now wouldn't it?


We run a parliamentary democracy. There is no chance of a celebrity being the leader of government over here.

To answer your question. No Fianna Fail got the most votes. Sinn Fein to prove that would have needed to run more candidates.


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PostPosted: Fri May 15, 2020 6:30 pm 
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Apparently said today.

“We're in the middle of a pandemic that has cost us more than 85,000 jobs as of today, .... Lives of millions of people, millions of people, millions of jobs."


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PostPosted: Fri May 15, 2020 9:15 pm 
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Mr Mike wrote:
Apparently said today.

“We're in the middle of a pandemic that has cost us more than 85,000 jobs as of today, .... Lives of millions of people, millions of people, millions of jobs."


God bless America.


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PostPosted: Fri May 15, 2020 9:24 pm 
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Flyin Ryan wrote:
Mr Mike wrote:
Apparently said today.

“We're in the middle of a pandemic that has cost us more than 85,000 jobs as of today, .... Lives of millions of people, millions of people, millions of jobs."


God bless America.

It’s an interesting time. A few commentators have observed that COVID has robbed Biden of the opportunity to compete with Trump for airtime. It may be that it is best he is locked in the basement and exposure is carefully managed for as long as possible.


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PostPosted: Fri May 15, 2020 9:30 pm 
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Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.


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PostPosted: Fri May 15, 2020 9:37 pm 
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Biden has serious dementia, the contest is madness. Why can’t they pick a younger guy?


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PostPosted: Sat May 16, 2020 1:06 am 
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Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.


Going to be bizarre election. Cant wait


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PostPosted: Sat May 16, 2020 2:18 pm 
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Mr Mike wrote:
Flyin Ryan wrote:
Mr Mike wrote:
Apparently said today.

“We're in the middle of a pandemic that has cost us more than 85,000 jobs as of today, .... Lives of millions of people, millions of people, millions of jobs."


God bless America.

It’s an interesting time. A few commentators have observed that COVID has robbed Biden of the opportunity to compete with Trump for airtime. It may be that it is best he is locked in the basement and exposure is carefully managed for as long as possible.


1. The candidates normally disappear around this time because they've used up their money to win the primary, and the money they do have it's better used closer to the election. Not many people that are undecided are making their decision in May.
2. It completely robbed from Sanders any remaining chance to compete because everyone stopped paying attention to presidential primary politics.
3. Could you imagine if this Covid crisis shut everything down a few weeks earlier with the state of the Democratic primary then? Any point pre-South Carolina.


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PostPosted: Sat May 16, 2020 2:19 pm 
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Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.

Biden is light years better than Hillary.

Biden's selection though does make the vice presidential nominee very important.


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PostPosted: Sat May 16, 2020 4:50 pm 
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The Man Without Fear wrote:
eldanielfire wrote:


Trump can at least speak coherently right now.


Wut?


He talks shite but it isn't because his brain don't work so good.


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PostPosted: Sat May 16, 2020 5:37 pm 
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Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.



Exactly my thoughts.


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PostPosted: Sun May 17, 2020 4:45 pm 
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Flyin Ryan wrote:
Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.

Biden is light years better than Hillary.

Biden's selection though does make the vice presidential nominee very important.


Let's be honest, you wont be voting for Biden as president you would be voting for his running mate, the guy has serious issues which are becoming obvious the more he speaks. I believe that's the dem's strategy at this point. Biden is acceptable to the general populous, most of the other candidates ran on identity politics that wont win votes in many states in a general election. If they can squeeze Biden to the White House then i would bet that within 18 months the VP whoever that is will have to take over.


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PostPosted: Sun May 17, 2020 7:48 pm 
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xbgo1 wrote:
Flyin Ryan wrote:
Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.

Biden is light years better than Hillary.

Biden's selection though does make the vice presidential nominee very important.


Let's be honest, you wont be voting for Biden as president you would be voting for his running mate, the guy has serious issues which are becoming obvious the more he speaks. I believe that's the dem's strategy at this point. Biden is acceptable to the general populous, most of the other candidates ran on identity politics that wont win votes in many states in a general election. If they can squeeze Biden to the White House then i would bet that within 18 months the VP whoever that is will have to take over.


Interesting analysis but why didn't the Dems have someone more credible/ solid than Biden?

Is the party shattered and deprived of inspiring individuals?


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PostPosted: Mon May 18, 2020 9:08 am 
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TheFrog wrote:
xbgo1 wrote:
Flyin Ryan wrote:
Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.

Biden is light years better than Hillary.

Biden's selection though does make the vice presidential nominee very important.


Let's be honest, you wont be voting for Biden as president you would be voting for his running mate, the guy has serious issues which are becoming obvious the more he speaks. I believe that's the dem's strategy at this point. Biden is acceptable to the general populous, most of the other candidates ran on identity politics that wont win votes in many states in a general election. If they can squeeze Biden to the White House then i would bet that within 18 months the VP whoever that is will have to take over.


Interesting analysis but why didn't the Dems have someone more credible/ solid than Biden?

Is the party shattered and deprived of inspiring individuals?


Not totally, but it is in the grip of identity politics. The problem they have is many of the what are called Clinton (Bill) democrats are not onboard with the identity crazies that run the party now. During the primary's all you heard was " No more old white men running the Dem party" " It's time for a woman" "It's time for a woman of colour" etc. Non of those candidates could even win the dem nomination let alone the Presidential race. The most stable were probably Gabbard and Klobuchar, but Gabbard is not liked by the Dem leadership and was dead in the water from the start. The leadership were pushing Kamala Harris but she is a divisive figure, Sanders is an old school socialist who has done fudge all for all the time he has been in politics, who in 2016 railed against millionaires but now realises he is one so has to go after billionaires. Warren is a laughing stock over her so called Native American heritage.


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PostPosted: Mon May 18, 2020 10:18 am 
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The Dems will lose....again.

They don't know how to combat trump - plus trumps base is so loyal they'll forgive him on absolutely every issue that comes up against him. If they still support him after the last 3 and a half years they will never turn away from him. We are witnessing one of the largest cults to emerge since the origins of religion.

The Dems have still not grasped that. Politicians are done for the foreseeable future in the US. Celebrity, twitter, slogans and glitzy facades is what the US likes.

It wouldn't surprise me if the next run of Presidents looked a little like this:

trump
Oprah
ivanka trump
The Rock

Biden will be crushed. trump will go full on dirty and his supporters will lose their collective hate mongering minds. And even when trumps massive financial black hole comes into play - he'll blame the Dems and they won't know what to do.


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PostPosted: Thu May 21, 2020 11:03 am 
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eldanielfire wrote:
The Man Without Fear wrote:
eldanielfire wrote:


Trump can at least speak coherently right now.


Wut?


He talks shite but it isn't because his brain don't work so good.


:lol:

That is just an absolutely ridiculous thing to say, especially your first "opinion"

are you actively trying to not be taken seriously?


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PostPosted: Thu May 21, 2020 1:38 pm 
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xbgo1 wrote:
Flyin Ryan wrote:
Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.

Biden is light years better than Hillary.

Biden's selection though does make the vice presidential nominee very important.


Let's be honest, you wont be voting for Biden as president you would be voting for his running mate, the guy has serious issues which are becoming obvious the more he speaks. I believe that's the dem's strategy at this point. Biden is acceptable to the general populous, most of the other candidates ran on identity politics that wont win votes in many states in a general election. If they can squeeze Biden to the White House then i would bet that within 18 months the VP whoever that is will have to take over.


Which dem candidates ran on identity politics?

If you say Buttigeig because he's gay, or any of the black candidates because they're block, then of course you're the one practising identity politics.


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PostPosted: Thu May 21, 2020 6:19 pm 
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The alt right types are giving traditional heartless cúnts like me a bad name


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PostPosted: Thu May 21, 2020 6:39 pm 
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6.Jones wrote:
xbgo1 wrote:
Flyin Ryan wrote:
Bokkom wrote:
Seriously, in my wildest dreams I would've never imagined an election to be decided between two candidates of this "calibre".
I mean, 2016 was bad enough. But this takes it to a whole new level.
God bless America, indeed.

Biden is light years better than Hillary.

Biden's selection though does make the vice presidential nominee very important.


Let's be honest, you wont be voting for Biden as president you would be voting for his running mate, the guy has serious issues which are becoming obvious the more he speaks. I believe that's the dem's strategy at this point. Biden is acceptable to the general populous, most of the other candidates ran on identity politics that wont win votes in many states in a general election. If they can squeeze Biden to the White House then i would bet that within 18 months the VP whoever that is will have to take over.


Which dem candidates ran on identity politics?

If you say Buttigeig because he's gay, or any of the black candidates because they're block, then of course you're the one practising identity politics.


Didn't Trump run on "identity politics"? Isn't that a big part of his shtick?

You can imagine these eejits when Martin Luther King was around?

"He's very divisive. Doesn't have broad appeal."

"Why's he always bringing race into it?"


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PostPosted: Thu May 21, 2020 7:13 pm 
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BokJock wrote:
eldanielfire wrote:
The Man Without Fear wrote:
eldanielfire wrote:


Trump can at least speak coherently right now.


Wut?


He talks shite but it isn't because his brain don't work so good.


:lol:

That is just an absolutely ridiculous thing to say, especially your first "opinion"

are you actively trying to not be taken seriously?


Trump (as Bush did) speak in incredibly simple language, but that is a large part of their appeal, (and one reason why Obama struggled with many Americans) ..


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PostPosted: Fri May 22, 2020 2:05 am 
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Trump is good at reading a crowd, I will give them that. He's a pretty mediocre speaker in general though. Honestly, I believe he has dementia to some degree and won't last four more years even if he does beat Biden. Not that I think he will since I think Covid has killed his campaign.


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PostPosted: Fri May 22, 2020 3:14 am 
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Reckon Trump has an 80% chance of winning. The only thing his supporters care about is owning Libs, and they will get out and vote no matter what.


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PostPosted: Fri May 22, 2020 3:43 am 
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Mullet 2 wrote:
The alt right types are giving traditional heartless cúnts like me a bad name


Yep. You used to be able to respect conservatives. Obviously you'd shoot them, but at least they actually were conservative.

This shower aren't conservative. They aren't anything really.


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PostPosted: Fri May 22, 2020 4:24 am 
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Its clear that over the last 12 months or more Biden has developed a serious illness. Surely its not a good idea to have someone like that as president. If I was the Democrats top brass, I would be having emergency meetings and plotting how to parachute in a new candidate.

Someone in their 40s or 50s would be nice, not their fcuken 70s.


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PostPosted: Fri May 22, 2020 4:34 am 
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DragsterDriver wrote:
Biden has serious dementia, the contest is madness. Why can’t they pick a younger guy?


Sensible Stephen wrote:
Its clear that over the last 12 months or more Biden has developed a serious illness. Surely its not a good idea to have someone like that as president. If I was the Democrats top brass, I would be having emergency meetings and plotting how to parachute in a new candidate.

Someone in their 40s or 50s would be nice, not their fcuken 70s.


Well, yeah, but who? It would either have to be someone from totally out of left field or one of the chumps that the two geriatrics pounded into submission (three if you count Warren who turns 71 next month [edit: FOUR if you count Bloomberg]).


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