Comments by "wvu05" (@wvu05) on "LegalEagle"
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@alexanderthered5603 Well, then we need to figure out how wrongful death lawsuits against someone acquitted plays into this. According to the law, he is not guilty, but he is liable (or, as Dave Chappelle put it through a white woman singing, "OJ didn't do it... Yeah, he probably did it"), which seems like a mixed message to me. My point as far as the burden of proof is that the vote isn't for guilty or innocence, but whether or not the state is able to prove guilt. The state didn't prove guilt, and the defense didn't prove his innocence, either.
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@IceMetalPunk The term began less than a month after the election. Why should the people be deprived of representation because of bad luck in the system. In the example in the video, Mel Carnahan died a month before the election, and the governor had already said that he would appoint his widow to seat if he won. The vast majority of the time, it tends to be a relative, widow(er), or top staffer.
In states that do it the way you want, there is an incredible advantage for the living candidate. In 2002, Paul Wellstone died in a plane crash less than two weeks before the election. He was leading in the polls before his death, but Minnesota required a living candidate to be on the ballot, so Democrats nominated Walter Mondale about a week before the election. Mondale lost narrowly. If Minnesotans wanted to vote for Wellstone in tribute, that should have been their right.
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@IceMetalPunk That's the theory, but it's not the reality. The main difference between left and center is that the left realizes that very few people will climb the ladder, so the desire is to make things better for the most people. The center (which accepts the right's fundamental argument about hierarchy) just wants to make it easier for the chosen few to climb the ladder. Do you think it's a good thing that five schools (Yale, Penn, Harvard, Columbia, USNA) have had such dominance in national elections for nearly 50 years?
And you know why a good mechanic is a different question than a good area of governance? Because one is very specialized, and the other is not. You didn't even have a response to the basic flaw in using percentages as a metric for determining who gets to run your Ministry of Medicine (which also has Peter Principle problems written all over it, because while Ben Carson is a great surgeon, his goofy answer on Medicaid shows that he doesn't have the first clue about administration) is that it ultimately reinforces the ridiculous notion that this is God's way of determining who is smart and who is poor, except Ron Swanson is a caricature meant to be funny.
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