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~* Make America Great Depression Again -- Official Thread of Corona Virus infected markets *~


Jason

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23 minutes ago, osxmatt said:

I’m no expert in budget reconciliation, but with the little reading I’ve done over the past few years, I would have been shocked to see a minimum wage increase fall under the rules of reconciliation.

If opening up anwr to oil and gas drilling has a direct effect on the budget than $15 min wage does too.

 

Not to mention, this person can be replaced or overruled.

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11 minutes ago, b_m_b_m_b_m said:

you have to exercise power for Gods sake

 

Or have a plan for getting a $15/hr rider on a DoD bill (only to have it shot down because ultimately it won't go through because the democratic majority doesn't want to make it happen thanks to Manchin and Sinema)

 

 

But they have to respect the rules even though they can make the rules. :(

 

 

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10 hours ago, b_m_b_m_b_m said:

you have to exercise power for Gods sake

 

Or have a plan for getting a $15/hr rider on a DoD bill (only to have it shot down because ultimately it won't go through because the democratic majority doesn't want to make it happen thanks to Manchin and Sinema)

 

 

This thread is actually more of an argument on holding fire rather than how the first tweet makes it sound. He's right to say that things are different now and it didn't really work out in the long run for the repubs then. 

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The US needs a Notwithstanding Clause, like Canada. It allows the government to override the constitution in extreme circumstances, provided it can demonstrate it is necessary for the good of the people.

 

Quote

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

 

Quote

Section 33 of the Charter
In Canada’s constitutional system of government, the judicial branch interprets whether the government’s actions are within the rules and norms of the Constitution. If a court finds that a government has broken a constitutional rule or norm, it can force the government to change its actions. However, Section 33 of the Charter allows a government to bypass a court’s ruling. It declares: “Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.” In other words, elected governments (federal, provincial or territorial) can implement a law or action “notwithstanding” — meaning “in spite of” — a Charter right.

 

Generally in Canada it has been used by shitty conservative provincial governments to override court decisions by "liberal" judges, but the use has been fairly minor. Due to its nature as an allowed "nuclear option," it is rarely used, but is a good tool for the legislative branch (which should be the ultimate judge of law, long-term) to override the judicial on rare occasions. 

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Just now, CitizenVectron said:

The US needs a Notwithstanding Clause, like Canada. It allows the government to override the constitution in extreme circumstances, provided it can demonstrate it is necessary for the good of the people.

 

This exists, it is the "compelling interest" test.

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