site banner

USA Election Day 2022 Megathread

Tuesday November 8, 2022 is Election Day in the United States of America. In addition to Congressional "midterms" at the federal level, many state governors and other more local offices are up for grabs. Given how things shook out over Election Day 2020, things could get a little crazy.

...or, perhaps, not! But here's the Megathread for if they do. Talk about your local concerns, your national predictions, your suspicions re: election fraud and interference, how you plan to vote, anything election related is welcome here. Culture War thread rules apply, with the addition of Small-Scale Questions and election-related "Bare Links" allowed in this thread only (unfortunately, there will not be a subthread repository due to current technical limitations).

15
Jump in the discussion.

No email address required.

The problem is that if you argue that governments are NOT allowed to rescind these special districts, even through proper legislative action, for virtually any reason whatsoever, you're forced to accept that these corporations have some legal entitlement to said districts.

Which is also to cede the state's authority over political entities created by said state.

Which is just silly.

Not really, any more than signing a contract ever limits your rights. Saying that a sovereign state can't sign a contract limiting its own sovereignty gets too into "Could an omnipotent God create weed so dank he could not smoke it?" territory for me; but suffice it to say that whatever the proper procedure for unwinding an RCID type special district is, it isn't by legislative fiat motivated by momentary political spats.

The powers in question are based in the Florida Constitution.

If the Constitution doesn't limit the Government from dissolving the districts, what contract, specifically, would do so?

but suffice it to say that whatever the proper procedure for unwinding an RCID type special district is, it isn't by legislative fiat motivated by momentary political spats.

Who, specifically, is authorized to set that procedure, do you think?

I'll do half the work for you. Here's the actual body of law involved:

https://www.flsenate.gov/Laws/Statutes/2015/Chapter189

There's a general principle that a legislature cannot bind a future legislature. Otherwise, any time a party got control of a legislature, it would pass as many laws as possible that limit the scope of action of future legislatures. As such, voiding a contract made by a previous legislature would require compensation as per the Takings Clause, but is a wholly permissible use of legislative power.

As such, voiding a contract made by a previous legislature would require compensation as per the Takings Clause, but is a wholly permissible use of legislative power.

Is that happening here and I missed it? I'm not as familiar with the current state of play as I should be given how much shit I'm talking in this thread. Genuinely, I'm not saying that the RCID can never be revoked, or even that it oughtn't to be, merely that my understanding is that it is not a "win" for Florida at the end of the day, it is likely to end up costing Florida money to no obvious benefit.