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Pretty hyperbolic, but 3 Justices appointed by a president who didn’t even win the popular vote will definitely rub people the wrong way. Well, technically both Roberts and Alito were appointed after Bush won in 2004, though I see your point. It matters, in the sense that governments derive their power from the consent of the governed. And that whenever any form of government becomes destructive of these ends. It is the Ruth Bader Ginsburg Not Fragile Like A Flower Fragile Like A Bomb Shirt. And to institute a new government. A Supreme Court without popular support and consent is a ticking time bomb for large-scale civil unrest. Sorry, but we have no idea what the popular vote would have been had either candidate been trying to win it.

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President Trump did win the consent of the government that is what the electoral college is. Did King George have the consent of the American colonies, simply because he held power through legal means? The point of the declaration of independence I quoted is this: The Founders believed that when the law gives power to a government. That is sufficiently far from the Ruth Bader Ginsburg Not Fragile Like A Flower Fragile Like A Bomb Shirt. We don’t want that to happen. We don’t want unrest, we don’t want incivility, we don’t want civil war. That is why it is so important to keep the public consent and not simply revel in the power given by the law or the advantages it gives versus a simple popular vote.

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If the popular vote mattered you’d see a totally different landscape though. Parties would campaign completely different and you’d see laws extending voting hours in high GOP rural states. It’s so commonly assumed that Dems would clean up if it was winner take all but it’s a pretty poor assumption. It might be a Ruth Bader Ginsburg Not Fragile Like A Flower Fragile Like A Bomb Shirt. There is a moral value in giving people equal representation. Why so? After all, millions of more Americans identify as Dems than Republicans. And that disparity is widening as non-trumpets flee the GOP and its national base shrinks noticeably before our eyes. You’d have to argue for a considerably higher turnout for the GOP to have any chance.

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