The Constitution reserves to the states that which has not been delegaate, this include voting.
Here to for it took a Constitutional Amendment to enfranchise blacks, women, and 18 year old citizens.
As I see it, no bill passed by congress can dictate to the states, how they determine or document those who vote. And certainly not by executive order. Yet I have yet to see, anyone, be it politician, expert,pundit or even the likes of substack owners take this issue on, they seem to accept it as a settled issue
Before trying it as legislation, Trump submitted an executive order that was blocked in October. League of Women Voters v. Trump (2025). I don't know whether it has been appealed....
The 10th Amendment would be an affirmative defense if the Save Act passes. Up to SCOTUS, which doesn't know how to read. IMHO Trump would have the burden to show that there is an emergency -- a threat to national security - to prevail. He might be able to do that using expert testimony.
Here in Fascist Florida we now have a state version that will be contested in the courts.
Litigation against similar state laws have been blocked. For example, a Kansas law requiring proof of citizenship was struck down as unconstitutional after it blocked over 30,000 eligible voters. Courts in Arizona, Alabama, and Georgia have also struck down similar requirements in recent years.
Correct it is only in the several states that the laws and rules on voting can be changed, not by executive order.
That executive order that Trump issued, that was blocked, was a violation of the 10th Amendment, as is most of Trump's executive orders violatons of the Constitution, the question is why have that been complied with and why haven't they been challenged.
An executive order only applies to the administration of activities already authorized and funded by congress. He cannot, for instance, withhold funds from FEMA and redirect themto ICE
Hear is the issue, we know SCOTUS is complicit and corrupt, but compliance with SCOTUS is voluntary, by the several states. The Governors of the Blue states can and should ignore, I meaning not even bother with appealing to SCOTUS, any unconstitutional federal legislation, executive order or court ruling.
As you know, the several states are sovereign and supreme, save for those specific authorities that they have delegated to the Federal government, however even then compliance is voluntary.
This means defiance of Trump, Trump will be inclined to use the Armed Forces, but the Governors can de activate the National guard, create a State Militia, Home defense force, and then allow guards men to transfer, if all blue states stood together then Trump would be powerless,nothing he could do, unlike the civil war, the blue states are spread across the nation from the West Coast to the East, through the northern tier, and haven't declared a confederacy/
In stead of attacking me, and defending an old position, because your response has nothing to do with my question. You responded with extraneous information,like what is happening in Florida, and the competency of lawyers is irrelevant to my question.
Answer my question which is: (and resist going off on a tangent to prove your expertise in the law)
The Constitution reserves to the states that which has not been delegate, this include voting.
Here to for it took a Constitutional Amendment to enfranchise blacks, women, and 18 year old citizens.
As I see it, no bill passed by congress can dictate to the states, how they determine or document those who vote. And certainly not by executive order. Yet I have yet to see, anyone, be it politician, expert,pundit or even the likes of substack owners take this issue on, they seem to accept it as a settled issue
The Cooley doctrine (also known as the doctrine of selective exclusiveness) is a legal principle established by the U.S. Supreme Court in the 1852 case Cooley v. Board of Wardens. It serves as a compromise for balancing federal and state authority over interstate commerce.
The doctrine divides commercial activities into two categories to determine who has the power to regulate them:
US Legal Forms
US Legal Forms
+1
National Subjects: Matters that are "inherently national" in nature and require a single, uniform rule across the country (e.g., international shipping lanes) are under the exclusive authority of Congress.
Local Subjects: Matters that are "distinctly local" and require diverse treatment based on local conditions (e.g., local pilotage in a specific port) can be regulated by states, provided Congress has not already passed a conflicting federal law.
Key Legal Impacts
The Compromise: Before this ruling, legal experts debated whether the Constitution gave Congress all power over commerce or if states shared it. The Cooley doctrine allowed for concurrent power, meaning both can regulate depending on the subject matter.
Dormant Commerce Clause: The doctrine is a foundational element of the "Dormant Commerce Clause" theory, which limits state legislation that burdens interstate commerce even when federal law is silent.
Evolution: While the original doctrine relied on the "nature" of the subject being regulated, modern courts have shifted toward a balancing test that weighs the state's interest against the burden placed on interstate commerce.
Cooley PubCo
Historical Context
The doctrine is named after Aaron Cooley, a ship owner who challenged a Pennsylvania law requiring local pilots for ships entering Philadelphia's port. The Court upheld the state law, ruling that pilotage was a local matter best handled by those familiar with specific waterways.
Poison wasn't enough, now they want to push us off a cliff.....
And when I say they, I mean the racists, fascists, psychos, and billionaires that are a combo of all three. TRump and his sickos are happy to do the job. They are "natural born killers".
The good news is we know they are running up on us. Mainstream media is starting to lose to the independents. Progressive candidates are running and winning in unexpected places.
TRump's tragic overreach has backfired at home and overseas. Won't it be amazing if a measly $200 billion ask for the Pentagon finally does THEM in? What if Epstein gets him from the grave? This is OK Corral stuff. Stay tuned to some C Span, PBS or independent news on the internet. AND see you in the streets.
this has been the GOP perpetuating this poison, toxic, racist, Corp establishment, anti-government right-wing, christian nationalist BS for over the past 40+ years since Reagan.....
But let us not forget that at the center of these sordid tales the real problem ultimately brought to our collective consciousness is that all truth is gone, in a torrent of lies at the highest levels.
I am a retired member of the South Carolina Bar Association. I took an oath of office similar the one required all across the land. I raised my hand and "swore" under oath:
"I, ________ , do solemnly swear that I will support the Constitution of the United States; so help me God. I, ________, do solemnly and sincerely swear that I will be faithful and bear true allegiance to the State of North Carolina and to the Constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said state, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God. I, ________, do swear that I will truly and honestly demean myself in the practice of an Attorney, according to the best of my knowledge and ability, so help me God"
Every member of the Executive, the Congress, and the Supreme Court is in some way or form of violating their duties to We the People. The only answer is :
Removal from office, now. They should all be ashamed of themselves....
We must not allow ourselves to escape our own sacred duties....
Justice awaits no one's excuses for violating these essential principles.
I find it curious that the only thing that is stymying Trump's fascism, aside from his own gross stupidity, are the courts - not the Supreme Court - the everyday courts. On average, the courts appear to overturn some Trump edict twice a day. Of course, he often pumps out more edicts than two a day.
The Democratic Party gets 1 or 2 headlines a day resisting MAGA edicts in contrast to Trump's 15 or 20/day. But the Dems almost never stop those edicts. Even this Okie thug and fraud Nepo plumber, Markwayne Mullin, despite his history of endorsing the very violence voters want removed from DHS, and his charade that he is a top secret combat veteran despite never setting foot in boot camp, appears to be a shoo-in for replacing his corrupt and incompetent root'n-toot'n cosplay predecessor. Mullin is simply the male version of ICE Barbie.
Thom presented ample evidence that the entire nation is rigged, politically and economically. Somehow, in addition to economic pain and poor health, working-class MAGA Americans need to woke up and join this 3-time MAGA voter woman's view that Trump is a worthless pile of shit - and vote accordingly. https://www.instagram.com/reels/DWAqd_XgD7S/
The battle, as you know, is in Congrsss and we may never get to vote again. I personally think we were screwed in 2024, but we have to fight with the tools that are available.
The Homeland Security/ICE issue is secondary to the only issue that seems to resonate with Republicans: Epstein.
BTW if I were an Okie, I'd rather have Mullin in Trump's cabinet than as my senator.
Whew! The antidote to the poison, indeed the hydra-headed poison, will require high potency to be minimally effective. New technologies, poisonous influencers, cruelties at the highest levels, degraded morality and soullessness among the most powerful pose a daunting task for any modern antidote or vaccine. We can only pray if you’re a believer or hope for the best if you’re an optimist. The prognosis is bloody dire.
Thanks Emmanuel I agree. My hope is demonstrations 28th will be be big enough to scare a few MAGA's into defecting and encourage dems to go after clay face harder.
All true, but I must remind that it was Ralph Nader, as much as any other factor, that gave us "W" Bush, 9-11, and the War on Terror leading into invasion of Iraq.
Misguided intent (and ego??) to push the National Dems to the left -- teach them a lesson??? -- did much to put us where we are today.
Settling for the lessor evil in these times is a dreamed of blessing compared to what we are faced with, now.
50 years of poison without a potent, forceful antidote. Establishment Democrats, eager to maintain the money flow from big donors, have consistently allowed the fascists to frame every argument while responding that “we’re not as bad as they are”. The good old days of comity and deal making are long, long gone, their disappearance facilitated by the absence of a compelling, inspiring alternate vision. From coast to coast, we have a wealth of articulate, mostly young, talent more than ready to inoculate the victim and immunize it against hate, racism, rampant capitalism, oligarchs, and all those who would, to borrow from Benjamin Franklin, trade essential freedom for a little (false) security. We need to get the hell out of their way if we are to have an effective opposition party.
There isn't an exact correlation, but the prongs of attack on our society, as Thom laid them out, resemble the "Seven Mountains" strategy of such Christian Nationalists as Mike Johnson. Nationalism is racism is imperialism is classism is capitalism--all parts of a cultural supremacy that are mutually reinforcing.
After fifty years the right wing has just about everything they want, Roe v Wade overturned by a corrupt Supreme Court and a criminal, traitor, pedophile president for sale to the highest bidder. Per one of Thom's previous columns the price to use our military is a $5B bribe into Jared Kushner's investment fund. The same questions are being asked about the Iran war as were asked about our adventure in Venezuela as were asked about the boxes full of top secrets carried off to Mar-a-Lago. What is the rationale, what for, why for? My answer, Money. Here and on TV analysts have elaborate explanations for his behavior and motives. I'm the every day man walking chest deep in the feedlot ... its just about money that's all - it is simply a business transaction for him. Dead, maimed service-members, thousands of dead Iranians including children, it's nothing to him - he the malignant narcissist got his money. Sat 28 March shout back at this sick (expletive)
Thanks Thom for a terrifying report. You do a great job of collecting all the rabid poisoners in one place. I have one question about the statement that Rand Paul, whom I have no love for btw, carried classified documents to Putin. What is the source for this information. Thanks.
The poison has seeped into political terminology. "Corporate problem solver" Democrats is a toxified version what would be a normal, healthy, properly functioning term: "Corporate problem enabler" Democrats.
I would like an expert opinion on the SAVE act.
The Constitution reserves to the states that which has not been delegaate, this include voting.
Here to for it took a Constitutional Amendment to enfranchise blacks, women, and 18 year old citizens.
As I see it, no bill passed by congress can dictate to the states, how they determine or document those who vote. And certainly not by executive order. Yet I have yet to see, anyone, be it politician, expert,pundit or even the likes of substack owners take this issue on, they seem to accept it as a settled issue
Before trying it as legislation, Trump submitted an executive order that was blocked in October. League of Women Voters v. Trump (2025). I don't know whether it has been appealed....
The 10th Amendment would be an affirmative defense if the Save Act passes. Up to SCOTUS, which doesn't know how to read. IMHO Trump would have the burden to show that there is an emergency -- a threat to national security - to prevail. He might be able to do that using expert testimony.
Here in Fascist Florida we now have a state version that will be contested in the courts.
Litigation against similar state laws have been blocked. For example, a Kansas law requiring proof of citizenship was struck down as unconstitutional after it blocked over 30,000 eligible voters. Courts in Arizona, Alabama, and Georgia have also struck down similar requirements in recent years.
Correct it is only in the several states that the laws and rules on voting can be changed, not by executive order.
That executive order that Trump issued, that was blocked, was a violation of the 10th Amendment, as is most of Trump's executive orders violatons of the Constitution, the question is why have that been complied with and why haven't they been challenged.
An executive order only applies to the administration of activities already authorized and funded by congress. He cannot, for instance, withhold funds from FEMA and redirect themto ICE
Hear is the issue, we know SCOTUS is complicit and corrupt, but compliance with SCOTUS is voluntary, by the several states. The Governors of the Blue states can and should ignore, I meaning not even bother with appealing to SCOTUS, any unconstitutional federal legislation, executive order or court ruling.
As you know, the several states are sovereign and supreme, save for those specific authorities that they have delegated to the Federal government, however even then compliance is voluntary.
This means defiance of Trump, Trump will be inclined to use the Armed Forces, but the Governors can de activate the National guard, create a State Militia, Home defense force, and then allow guards men to transfer, if all blue states stood together then Trump would be powerless,nothing he could do, unlike the civil war, the blue states are spread across the nation from the West Coast to the East, through the northern tier, and haven't declared a confederacy/
You continiue to pass off misconceptions. Most of the time after Trump loses he does not appeal.
When SCOTUS rules,states are't any different than individual parties. https://www.law.cornell.edu/rules/frap/rule_41
My problem is that a lot of the lawyers are duds....
In stead of attacking me, and defending an old position, because your response has nothing to do with my question. You responded with extraneous information,like what is happening in Florida, and the competency of lawyers is irrelevant to my question.
Answer my question which is: (and resist going off on a tangent to prove your expertise in the law)
The Constitution reserves to the states that which has not been delegate, this include voting.
Here to for it took a Constitutional Amendment to enfranchise blacks, women, and 18 year old citizens.
As I see it, no bill passed by congress can dictate to the states, how they determine or document those who vote. And certainly not by executive order. Yet I have yet to see, anyone, be it politician, expert,pundit or even the likes of substack owners take this issue on, they seem to accept it as a settled issue
Make false assertions, based on bullshit.
The Cooley doctrine (also known as the doctrine of selective exclusiveness) is a legal principle established by the U.S. Supreme Court in the 1852 case Cooley v. Board of Wardens. It serves as a compromise for balancing federal and state authority over interstate commerce.
Encyclopedia.com
Core Principles
The doctrine divides commercial activities into two categories to determine who has the power to regulate them:
US Legal Forms
US Legal Forms
+1
National Subjects: Matters that are "inherently national" in nature and require a single, uniform rule across the country (e.g., international shipping lanes) are under the exclusive authority of Congress.
Local Subjects: Matters that are "distinctly local" and require diverse treatment based on local conditions (e.g., local pilotage in a specific port) can be regulated by states, provided Congress has not already passed a conflicting federal law.
Key Legal Impacts
The Compromise: Before this ruling, legal experts debated whether the Constitution gave Congress all power over commerce or if states shared it. The Cooley doctrine allowed for concurrent power, meaning both can regulate depending on the subject matter.
Dormant Commerce Clause: The doctrine is a foundational element of the "Dormant Commerce Clause" theory, which limits state legislation that burdens interstate commerce even when federal law is silent.
Evolution: While the original doctrine relied on the "nature" of the subject being regulated, modern courts have shifted toward a balancing test that weighs the state's interest against the burden placed on interstate commerce.
Cooley PubCo
Historical Context
The doctrine is named after Aaron Cooley, a ship owner who challenged a Pennsylvania law requiring local pilots for ships entering Philadelphia's port. The Court upheld the state law, ruling that pilotage was a local matter best handled by those familiar with specific waterways.
LII | Legal Information Institute
Not a response, for one thing the question does not involve Interstate Commerce (the ICC)
That aside,as usual your response is not a an answer, but a lengthy AI copy and paste, about an irrelevance.
This is not an assumption. The Federal government has no control over things like abortion, marriage, voting unless by constitutional amendment.
Congress can not pass a law dictating how the states conduct their elections, sans a constitutional amendment.
Your position is yes they can, Congress can do anything it wants so long as they can pass a law.
Ergo, you cede all rights, privileges and authority to a central government, that puts you in alignment and accord with Trump
Poison wasn't enough, now they want to push us off a cliff.....
And when I say they, I mean the racists, fascists, psychos, and billionaires that are a combo of all three. TRump and his sickos are happy to do the job. They are "natural born killers".
The good news is we know they are running up on us. Mainstream media is starting to lose to the independents. Progressive candidates are running and winning in unexpected places.
TRump's tragic overreach has backfired at home and overseas. Won't it be amazing if a measly $200 billion ask for the Pentagon finally does THEM in? What if Epstein gets him from the grave? This is OK Corral stuff. Stay tuned to some C Span, PBS or independent news on the internet. AND see you in the streets.
Those who sit on their hands are just as complicit.
this has been the GOP perpetuating this poison, toxic, racist, Corp establishment, anti-government right-wing, christian nationalist BS for over the past 40+ years since Reagan.....
But let us not forget that at the center of these sordid tales the real problem ultimately brought to our collective consciousness is that all truth is gone, in a torrent of lies at the highest levels.
I am a retired member of the South Carolina Bar Association. I took an oath of office similar the one required all across the land. I raised my hand and "swore" under oath:
"I, ________ , do solemnly swear that I will support the Constitution of the United States; so help me God. I, ________, do solemnly and sincerely swear that I will be faithful and bear true allegiance to the State of North Carolina and to the Constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said state, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God. I, ________, do swear that I will truly and honestly demean myself in the practice of an Attorney, according to the best of my knowledge and ability, so help me God"
Every member of the Executive, the Congress, and the Supreme Court is in some way or form of violating their duties to We the People. The only answer is :
Removal from office, now. They should all be ashamed of themselves....
We must not allow ourselves to escape our own sacred duties....
Justice awaits no one's excuses for violating these essential principles.
Even if the state bar will not enforce the oath, the courts have a higher duty.
IMHO most (maybe all) of the lawyers who appear before SCOTUS are cowards for failing to force Roberts to apply ethical rules. In November 2023, he opened the barn door: https://www.supremecourt.gov/about/Code-of-Conduct-for-Justices_November_13_2023.pdf
I find it curious that the only thing that is stymying Trump's fascism, aside from his own gross stupidity, are the courts - not the Supreme Court - the everyday courts. On average, the courts appear to overturn some Trump edict twice a day. Of course, he often pumps out more edicts than two a day.
The Democratic Party gets 1 or 2 headlines a day resisting MAGA edicts in contrast to Trump's 15 or 20/day. But the Dems almost never stop those edicts. Even this Okie thug and fraud Nepo plumber, Markwayne Mullin, despite his history of endorsing the very violence voters want removed from DHS, and his charade that he is a top secret combat veteran despite never setting foot in boot camp, appears to be a shoo-in for replacing his corrupt and incompetent root'n-toot'n cosplay predecessor. Mullin is simply the male version of ICE Barbie.
Thom presented ample evidence that the entire nation is rigged, politically and economically. Somehow, in addition to economic pain and poor health, working-class MAGA Americans need to woke up and join this 3-time MAGA voter woman's view that Trump is a worthless pile of shit - and vote accordingly. https://www.instagram.com/reels/DWAqd_XgD7S/
The battle, as you know, is in Congrsss and we may never get to vote again. I personally think we were screwed in 2024, but we have to fight with the tools that are available.
The Homeland Security/ICE issue is secondary to the only issue that seems to resonate with Republicans: Epstein.
BTW if I were an Okie, I'd rather have Mullin in Trump's cabinet than as my senator.
Whew! The antidote to the poison, indeed the hydra-headed poison, will require high potency to be minimally effective. New technologies, poisonous influencers, cruelties at the highest levels, degraded morality and soullessness among the most powerful pose a daunting task for any modern antidote or vaccine. We can only pray if you’re a believer or hope for the best if you’re an optimist. The prognosis is bloody dire.
IMHO the antidote is full court press on Epstein.
Many Congressional Republicans have daughters, grandaughters.
Thanks Emmanuel I agree. My hope is demonstrations 28th will be be big enough to scare a few MAGA's into defecting and encourage dems to go after clay face harder.
If they are targeted.
All true, but I must remind that it was Ralph Nader, as much as any other factor, that gave us "W" Bush, 9-11, and the War on Terror leading into invasion of Iraq.
Misguided intent (and ego??) to push the National Dems to the left -- teach them a lesson??? -- did much to put us where we are today.
Settling for the lessor evil in these times is a dreamed of blessing compared to what we are faced with, now.
D. Laghezza
Right. We need unity.
We need to win!
Pushing the Corporate Dem Party left will be a lot easier if it wins.
Losing drives losers to start consuming each other.
D.
50 years of poison without a potent, forceful antidote. Establishment Democrats, eager to maintain the money flow from big donors, have consistently allowed the fascists to frame every argument while responding that “we’re not as bad as they are”. The good old days of comity and deal making are long, long gone, their disappearance facilitated by the absence of a compelling, inspiring alternate vision. From coast to coast, we have a wealth of articulate, mostly young, talent more than ready to inoculate the victim and immunize it against hate, racism, rampant capitalism, oligarchs, and all those who would, to borrow from Benjamin Franklin, trade essential freedom for a little (false) security. We need to get the hell out of their way if we are to have an effective opposition party.
WE ARE THE VICTIMS not the criminals.
Indeed. Victims of our performance.
Fantastic assessment. Thank you!!!
There isn't an exact correlation, but the prongs of attack on our society, as Thom laid them out, resemble the "Seven Mountains" strategy of such Christian Nationalists as Mike Johnson. Nationalism is racism is imperialism is classism is capitalism--all parts of a cultural supremacy that are mutually reinforcing.
After fifty years the right wing has just about everything they want, Roe v Wade overturned by a corrupt Supreme Court and a criminal, traitor, pedophile president for sale to the highest bidder. Per one of Thom's previous columns the price to use our military is a $5B bribe into Jared Kushner's investment fund. The same questions are being asked about the Iran war as were asked about our adventure in Venezuela as were asked about the boxes full of top secrets carried off to Mar-a-Lago. What is the rationale, what for, why for? My answer, Money. Here and on TV analysts have elaborate explanations for his behavior and motives. I'm the every day man walking chest deep in the feedlot ... its just about money that's all - it is simply a business transaction for him. Dead, maimed service-members, thousands of dead Iranians including children, it's nothing to him - he the malignant narcissist got his money. Sat 28 March shout back at this sick (expletive)
Thanks Thom for a terrifying report. You do a great job of collecting all the rabid poisoners in one place. I have one question about the statement that Rand Paul, whom I have no love for btw, carried classified documents to Putin. What is the source for this information. Thanks.
The poison has seeped into political terminology. "Corporate problem solver" Democrats is a toxified version what would be a normal, healthy, properly functioning term: "Corporate problem enabler" Democrats.