The race for control of the Senate is potentially more interesting. Right now, six seats seem likely to change hands: Illinois, Colorado, and Alaska from Republican to Democratic; Georgia, SC, and Louisiana from Democratic to Republican. Of these six, the only one that is a missed opportunity is LA, where the Democrats seem to have been overconfident that they could prevail in a runoff and allowed Republican David Vitter to amass too large a lead. (It now appears as if Vitter might win on Tuesday without even needing the runoff.)
Beyond this list, only four seats--Florida, North Carolina, South Dakota, and Kentucky--seem like possibilities to change hands. Potential Republican efforts in Wisconsin and Washington have not gained steam, and Oklahoma appears likely to elect (arguably) the most conservative Senate delegation since the institution of direct election for senators by choosing Republican Tom Coburn to join Jim Inhofe. Three historical patterns seem relevant to predictions on these seats: (1) that generally close contests tend to break toward one party; (2) strong Dem candidates in the South generally can run at least 5 points ahead of their national ticket; and (3) there's always at least one Senate upset. (2) suggests that Dems Betty Castor in Florida and Erskine Bowles in NC should prevail; Kerry figures to get at least 45% in NC and, at worst, close to 50% in Florida. I didn't think the race in SD would be as close as it has been, but still find it hard to believe that the state will oust Tom Daschle, one of the most talented politicians of the last quarter-century. Daschle began his career, by the way, by capturing a House election by less than 200 votes, so he knows how to win close races. He also has some important endorsement: from the unified leadership of the state's Indian tribes, and from the state's largest paper, the Sioux Falls Argus-Leader, which enthusiastically endorsed Bush earlier in the campaign. Finally, in Kentucky, Jim Bunning has done just about everything he could to lose this race (his latest was claiming that the WTC attacks occurred on November 11th), and Democrat Dan Mongiardo seems to have all the momentum. He certainly is the target of this year's most vicious smear in a congressional race, as two prominent Kentucky Republicans publicly termed him"limp-wristed," a"switch-hitter" and not a"man."
If Mongiardo and Daschle both prevail, the resulting Senate would be split 50-50, casting all eyes on Rhode Island's Lincoln Chafee, who has already announced that he won't vote for Bush and would be a candidate to mimic Jim Jeffords and declare himself an independent.
I think the presidential election is too close to call, but if forced to choose, would lean toward Bush, for two below-the-surface reasons. The first involves the anti-gay backlash. The attacks against Mongiardo, who is straight, were no accident: Kentucky is one of the states with an anti-gay marriage constitutional amendment on the ballot, and the most recent poll shows the measure with the approval of 76% of the voters. Bush, obviously, will carry Kentucky in any case, but in one state, a surge in Christian right turnout associated with an anti-gay marriage amendment could make a major difference: Michigan, which polls have shown surprisingly close (Bush is actually ahead in the most recent Zogby poll), and a state that Kerry absolutely needs to prevail.
The second hidden issue is Ralph Nader. He's clearly not going to get much of a vote in 2004. But if--as appears likely, at least right now--Ohio and Florida split between Bush and Kerry, the race will be decided by Wisconsin, Minnesota, and Iowa, three states where Nader polled very well in 2000 and where, if he gets 2% in 2004, he could tilt the election to Bush. This gets at one of the stranger issues of this year's election for me--the trend of these three states toward the Republicans, which began in 2000 and has continued this year.


Re: Depends on the 14th amendment
Depends on the 14th amendment
However, a federal law that required states to recognize the marriages of other states would be on firmer ground, as it would be based on the full faith and credit clause.
Article IV, section 1: "Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. "
Re: Law of the Land
Re: Law of the Land
I think there might still be an argument, somehow, that marriage doesn't fall under this, but it's not an argument that I really want to make (not being a fan of the "separate but equal" doctrine). Although I'm not sure that this is really a legal issue - my personal feeling is that people make the decision in a political way, then work out a legal argument to support their decision later.
Re: Law of the Land
Re: Gay marriage
Re: Gay marriage
Re: Law of the Land
Re: Gay marriage
The relationship between family and rights is a tricky one. It's a reminder that not all rights are stated in Bills of Rights. As an example, there is no stated right to bear a child or to be a parent, but state and federal courts have held pretty universally that people cannot be barred from either having a child or keeping a child that they have without due process.
Even more to the point, there are rights that couples have vis-a-vis their children, particularly when the couples are married. Again these rights are almost never stated in constitutions though they may be reflected in law. Access to the full nebulous range is one reason that same sex partners would like the status of marriage. That is also the reason that many people who think same sex relationships are unhealty (evil, whatever) are finding it easier to draw a line at marriage than they did at civil unions.
Law of the Land
Article VI, section 2: "This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. "
Re: Gay marriage
Re: Gay marriage
On a practical level, the Supreme Court is going to be reluctant to overturn large numbers of state constitutional amendments. Their existence tends to refute any reference to an evolving moraliry that is more tolerant of long-term same sex relationships.
The provisions outlawing civil unions in some of these amednments are more vlunerable, because they infringe on the right to make contracts and because they do not distinguish clearly (if at all) between legal and illegal contrances.
For what it's worth, I abhor discrimination against people on the basis of sexual preference. And I think the 14th amendment can and should be interpreted to protect their rights. But concern with same-sex rights is very new; a lot of people are uncomfortable with it; and constitutions can be changed for the worse as well as for the better.
Re: Gay marriage
It does not constrain the Federal government in any way whatsoever, so the Federal Marriage Amendment would not be disallowed by the 14th.
The question that comes to my mind is this: what does "law" mean in this context? Does it just mean "a law passed by a State legislature" or does it mean "amendment to a State constitution"?
Does the US Supreme Court often strike down (sections of) State constitutions? For instance, Lawrence & Garner V State of Texas concerned an unjust sodomy *law*.
Re: Gay marriage
The framers hoped to make the national constitution constrain certain sorts of mistakes and crimes, but they understood that for a government to be able to respond to circumstances it had to have a level of freedom to act. That freedom inevitably opens the way for bad or stupid actions.
Re: Gay marriage
I do think, however, that the amendments will have an effect on turnout, and as this election will be decided on turnout, their presence works to the advantage of Bush (and Bunning). Even in oregon, where it initially seemed as if the anti-gay marriage amendment might fail, the measure now leads by 4 points in the latest poll.
Re: Gay marriage
I do not feel that the Federal Marriage Amendment would be a *good* idea, but if it were proposed in the correct form, and ratified by the States in the correct way, then it would be as Constitutional as the First or Fifth Amendments. It might not be right, or good, or just, but it would be legal.
Re: We left-wing Republicans ...
But the reinvigoration of party disclipline that conservatives in the Republican party have forged (and which Democrats are beginning to imitate) means that one must judge the candidate's party leadership as well as the individual candidate in voting.
For what it's worth, none of the founders (except maybe Hamilton) would have liked that logic either.
Most Historical Election
Re: Most Historical Election
Gay marriage
A lot of people don't realise just how unpopular gay marriage is amongst a large swathe of the American public. Like you, I am interested to see how things go on Election Night.
Re: Gay marriage
dc
Re: Gay marriage
Your (in this case false) differentiations between good and constitutional in this case forget a little thing I like to call the 14th Amendment. Check it out -- it's good reading and won't take you long!
dc
Re: Gay marriage
Fair point on the US Constitutional Amendment, but of course not really germane to the majority rules state constitutional issues on the table. All of those SHOULD be illegitimate, though the court as currently constituted won't see it that way, I'd bet.
Those who support these amendments support bigotry. They are bigots. It's as simple as that. Of course now we'll get a sort of weird inverted PC claiming to be outraged at being called a bigot, but one cannot be a bigot, get called on it, and be outraged at the accusation. If you are trying to deny people (adults) equal status in US society based on their group identity, you are a bigot. Period.
Derek
Re: We left-wing Republicans ...
Re: We left-wing Republicans ...
A vote for these fine people is a vote for the yahoos who make up the Republican House and Senate leadership. Given the moderates's minimal ability to moderate that leadership, I would, if I lived in one of those states, sadly but firmly vote against them.
Re: We left-wing Republicans ...
The power in the Republican party is very strongly in the hands of three groups: neoconservatives, culture warriors and libertarians. If you don't belong to one of these three groups, how does the party represent your interests?
Whereas the Democratic party, particularly the leadership, has been shifting away from the (drasticly overstated) social progressive model towards a center-left model, and still contains within it a myriad of small and diverse interest groups and a range of leaders many of which bear a striking resemblance to Republicans past, but not so much to Republicans present.
I don't think the Republican party needs to be, or is, or should be, a 'wingnut' party, but the way in which power is allocated and handled within the party has turned it into something very distinctive and I honestly don't understand how moderates such as yourself fit into it.
We left-wing Republicans ...
Re: We left-wing Republicans ...
Re: We left-wing Republicans ...