OFFICIAL AELR THREAD!!

[fightinbluhen51]

IIRC, there are two ways to get amendments through in MD:

1. Legislature-driven referendum (as noted, we already know that is doomed to failure)
2. Constitutional Convention

The time window for the Constitutional Convention does not come around until 2030 (MD Elections must pose the question to the voting public every 20 years). That process apparently passed a simple majority in 2010 (54% of voters in favor according to a search), but the Administration has not seated a convention (with multiple articles in a search showing that the Administration determined that a "super majority" of voters is required [I can't seem to find that language in the MD Constitution, which implies a simple majority should work]).

Yes...it is a super majority of voters are needed to vote on the question (not in favor of it).

IIRC the specific language is you need a plurality of yes votes at least equal to ~60% of overall vote for Governor.

For example O'MAOlly gets 1 million votes
Bobby boy gets 500k
Ballot question A for/against constitutional convention gets 899,000 total votes and thus fails the threshold of 60%, despite the fact that all 899,000 votes on the question were in favor of the convention.

Someone with better memory can correct me if I am incorrect on the precise %ages.

 

[Not_an_outlaw]

Actually, it would solve just about all the problems in all the states. And it's probably legal. The lawless SCOTUS ruling dealt with the Nebraska legislature...which was unicameral. I think a very strong case can be made that in a bicameral legislature, having different methods for selecting legislators is extremely Constutitional. Because it provides the minority with real protections and negoiating power.

Think about it...Maryland is currently 100% controlled by the I-95 Axis counties. Three counties rule the entire state. Anyone in Southern Maryland, Western Maryland, or the Eastern Shore has no effective voice whatsoever. None. All we do is pay taxes and watch our civil liberties get eroded.

Under the old system, the I-95 Axis would still control the House of Delegates. Still control the Governor's Mansion. But not the State Senate. There, the rural counties would have their voice. Not a power to inflict their will, but a veto to keep from being abused. Laws would have to be beneficial and agreeable to all of Maryland. Spending would have to be negoiated over...not just a matter of looting Payerville to fund some urban rathole.

The question is, can we get SCOTUS to mandate it?

I don't think you can. Reynolds v. Sims, 1964. But I may not fully understand what is being proposed.

 

[FrankZ]

criminal violence is my preferred call, but I was just playing with the thought

I wonder if Vinney thinks criminal violence is when you pull out your concealed handcriminal and rob a store...

 

[pilotguy299]

When I try to explain what happens in Annapolis, people look at me like I'm a fool. Until you actually witness this yourself, you'll never understand how bad Maryland really is.

I'm not surprised it's not worse with the abolishment of the 2 Senators per County that was once in MD, but determined to be unconstitutional by the Warrren Court in Reynolds v. Sims in 1964.

Why does this decision not affect the US Senate as well? The same argument can be made that US senators represent people, not trees.

I realize that the decision was based on the 14th, but shouldn't the same standards apply to the federal government?

 

[Jaybeez]

Why does this decision not affect the US Senate as well? The same argument can be made that US senators represent people, not trees.

I realize that the decision was based on the 14th, but shouldn't the same standards apply to the federal government?

the senate is supposed to represent the actual states, not the people in the us constitition.

I think the simms decions was ok for unicameral bodies, but md took the idea and ran with it way too far. we basically ended up with 2 houses of delegates, and counties and rural areas lost their voice.

I'm not suggesting a md constitutional amendment. that's impossible for this subject. I'm sugesting finding a way to get the courts to revisit the sc decision, or a new lawsuit.

with texas being able to overturn an antiquated voter rights law, and the financial abuse our counties take from the state, I think there may be an avenue here. possibly through lawsuits or actions on the rain tax...

but I'm just a simple carpenter, what do I know?

 

[Jaybeez]

the alabama legislature has the longest constitution in the world, and unlike md, the legislature in alabama controls local matters and ordinances. the districts ir counties in alabama have no real authority or control, they aren't soverign.

this is what the reynolds v sims decision was based on. but md has a completely different system. md counties have autonomy for many things.

 

[dblas]

IIRC, there are two ways to get amendments through in MD:

1. Legislature-driven referendum (as noted, we already know that is doomed to failure)
2. Constitutional Convention

The time window for the Constitutional Convention does not come around until 2030 (MD Elections must pose the question to the voting public every 20 years). That process apparently passed a simple majority in 2010 (54% of voters in favor according to a search), but the Administration has not seated a convention (with multiple articles in a search showing that the Administration determined that a "super majority" of voters is required [I can't seem to find that language in the MD Constitution, which implies a simple majority should work]).

You are thinking United States Constitutional Amendments.

Link to how to make an amendment to the Maryland Constitution: http://msa.maryland.gov/msa/mdmanual/43const/html/14art14.html

 

[MJD438]

You are thinking United States Constitutional Amendments.

Link to how to make an amendment to the Maryland Constitution: http://msa.maryland.gov/msa/mdmanual/43const/html/14art14.html

I think I summarized that section of the MD Constitution properly (I was reading it when I wrote what you quoted).

1. Section 1 refers to the Legislature-driven process, which is validated/denied by referendum vote by the general populace.
2. Section 2 refers to the Constitutional Convention option, which must be presented to the general populace by the ballot every 20 years.

 

[dblas]

I think I summarized that section of the MD Constitution properly (I was reading it when I wrote what you quoted).

1. Section 1 refers to the Legislature-driven process, which is validated/denied by referendum vote by the general populace.
2. Section 2 refers to the Constitutional Convention option, which must be presented to the general populace by the ballot every 20 years.

You are correct sir, I skimmed over Sect 1 and Sect 2.

OOPS on my part...

 

[MJD438]

You are correct sir, I skimmed over Sect 1 and Sect 2.

OOPS on my part...

No worries!