Senate Confirmation Hearings: Let’s Get Rid Of ‘Em

 

Problem: judicial confirmation hearings have turned into a circus, especially when it’s a Republican president making the nomination.

Solution: let’s ditch the public hearing.

There’s no Constitutional requirement that the Senate hold a public hearing so that committee members can make nice clips for media consumption. The only reason why we have them is because Brandeis, who was Jewish, was nominated and it caused an outcry so he went to the hearing to reassure everyone he wasn’t that radical.

The nominee can still go to Capitol Hill to make the rounds and visit with Senators and answer their questions. Senators can still issue their template press releases stating their opposition. The media-savvy ones can even come up with entertaining ways of making their opposition known. But the main thing is you get rid of the show that the hearings have become and that should benefit the republic.

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  1. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    • #31
  2. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Bereket Kelile (View Comment):
    Lincoln came up with a clever way of undercutting the Court without openly defying them.

    Expound please.  

    • #32
  3. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Skyler (View Comment):
    The three branches are not checks and balances as much as they are a cabal. 

    That was the mistake the founders made.  They didn’t foresee a time when all three branches were working for the government, not the governed.

    • #33
  4. Bob W Member
    Bob W
    @WBob

    Gary Robbins (View Comment):

    Stad (View Comment):

    Bob W (View Comment):
    You could start by the political branches ignoring rulings that ordered them to take or not take certain actions, such as the court telling the president he can’t enforce a travel ban.

    Exactly. Courts have very little enforcement mechanisms. Tell the public the ruling was bogus, and move on.

    I would be all for impeaching a President who refuses to comply with a final court ruling. Any president. Either party.

    Your solution would lead to anarchy, pure and simple. I strongly suggest that you reconsider your stance.

     

    A president who refuses a court order should be impeached, but a judge who refuses an order by a president to rule a certain way on a case shouldn’t be impeached? Of course the judge shouldn’t be impeached, and either should such a president, and for the same reason. One branch of govt can’t order another to do something. 

    • #34
  5. Bob W Member
    Bob W
    @WBob

    Gary Robbins (View Comment):

    Bob W (View Comment):

    Bereket Kelile (View Comment):

    Joseph Stanko (View Comment):

    Mendel (View Comment):
    However, it’s understandable that the hearings have become such a public spectacle in light of the increasing importance of the Supreme Court. Both parties have now officially delegated large chunks of their legislating power to the Supreme Court (the left with social issues, the right in their attempt to repeal Obamacare). So it’s only natural that the voters in a democracy would be interested in meeting the people who will now be wielding such great power over them.

    Completely agree, this is the root cause. The Court has emerged as the most powerful branch of government, since it can strike down both legislation passed by Congress and executive orders. The only effective way to overrule the Court is to pass a Constitutional Amendment, and the bar for that is so high it is next to impossible on any contentious issue.

    Lincoln came up with a clever way of undercutting the Court without openly defying them. I’ve often thought we should think of similar ways to neutralize the Court. At the very least, some kind of signal should be sent to get them to back off of legislating from the bench. I have no idea how to do that but there are smarter people than me who can come up with some bright ideas.

    You could start by the political branches ignoring rulings that ordered them to take or not take certain actions, such as the court telling the president he can’t enforce a travel ban. There would be no way to stop the court from acquitting defendants prosecuted under laws it finds unconstitutional, which means it could effectively still overturn some types of laws, but in cases where this isn’t the issue all it takes is a little courage on the part of the President or Congress.

    How about the immediate impeachment and removal of the President. No one is above the law. We are a nation of laws, not men.

    The mistake you’re making is to think that “rule of law” means “rule of courts”.

    • #35
  6. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    Stad (View Comment):

    Bob W (View Comment):
    You could start by the political branches ignoring rulings that ordered them to take or not take certain actions, such as the court telling the president he can’t enforce a travel ban.

    Exactly. Courts have very little enforcement mechanisms. Tell the public the ruling was bogus, and move on.

    That seems to be what Hamilton had in mind in Federalist 78:

    Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

    • #36
  7. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended. 

    • #37
  8. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bob W (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    Bob W (View Comment):
    You could start by the political branches ignoring rulings that ordered them to take or not take certain actions, such as the court telling the president he can’t enforce a travel ban.

    Exactly. Courts have very little enforcement mechanisms. Tell the public the ruling was bogus, and move on.

    I would be all for impeaching a President who refuses to comply with a final court ruling. Any president. Either party.

    Your solution would lead to anarchy, pure and simple. I strongly suggest that you reconsider your stance.

    A president who refuses a court order should be impeached, but a judge who refuses an order by a president to rule a certain way on a case shouldn’t be impeached? Of course the judge shouldn’t be impeached, and either should such a president, and for the same reason. One branch of govt can’t order another to do something.

    I have no idea what you are talking about, a judge who refuses an order to rule a certain way.  An example please.

     

    • #38
  9. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.  

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.  

    If the law is unconstitutional, pass a constitutional amendment.  

    But a President cannot and must not blow off the Court’s ruling.  If a President does, then the House should impeach and the Senate should convict and remove.

    • #39
  10. Bob W Member
    Bob W
    @WBob

    Gary Robbins (View Comment):

    Bob W (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    Bob W (View Comment):
    You could start by the political branches ignoring rulings that ordered them to take or not take certain actions, such as the court telling the president he can’t enforce a travel ban.

    Exactly. Courts have very little enforcement mechanisms. Tell the public the ruling was bogus, and move on.

    I would be all for impeaching a President who refuses to comply with a final court ruling. Any president. Either party.

    Your solution would lead to anarchy, pure and simple. I strongly suggest that you reconsider your stance.

    A president who refuses a court order should be impeached, but a judge who refuses an order by a president to rule a certain way on a case shouldn’t be impeached? Of course the judge shouldn’t be impeached, and either should such a president, and for the same reason. One branch of govt can’t order another to do something.

    I have no idea what you are talking about, a judge who refuses an order to rule a certain way. An example please.

     

    That’s the whole, point, there is no example! Because no president has ever been so presumptuous as to make such an improper order. And it’s just as improper the other way around, when courts issue such orders. Yet that happens regularly, because people think the rule of law means the rule of courts, and they don’t want to be seen as enemies of the rule of law.

    Again, I’m not talking about a court refusing to convict a defendant under a law it rules unconstitutional. If the executive defied that and went ahead and incarcerated the defendant anyway, then there really would be a constitutional crisis. In that case the court was acting entirely within its proper sphere, it wasn’t ordering another branch to do anything, and it would violate the defendant’s rights to be sent to jail in spite of the courts acquittal. But when courts order presidents to do this or not do that (e.g. don’t enforce the travel ban) that’s an entirely different matter. 

    • #40
  11. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bob W (View Comment):

    Gary Robbins (View Comment):

    Bob W (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    Bob W (View Comment):
    You could start by the political branches ignoring rulings that ordered them to take or not take certain actions, such as the court telling the president he can’t enforce a travel ban.

    Exactly. Courts have very little enforcement mechanisms. Tell the public the ruling was bogus, and move on.

    I would be all for impeaching a President who refuses to comply with a final court ruling. Any president. Either party.

    Your solution would lead to anarchy, pure and simple. I strongly suggest that you reconsider your stance.

    A president who refuses a court order should be impeached, but a judge who refuses an order by a president to rule a certain way on a case shouldn’t be impeached? Of course the judge shouldn’t be impeached, and either should such a president, and for the same reason. One branch of govt can’t order another to do something.

    I have no idea what you are talking about, a judge who refuses an order to rule a certain way. An example please.

     

    That’s the whole, point, there is no example! Because no president has ever been so presumptuous as to make such an improper order. And it’s just as improper the other way around, when courts issue such orders. Yet that happens regularly, because people think the rule of law means the rule of courts, and they don’t want to be seen as enemies of the rule of law.

    Again, I’m not talking about a court refusing to convict a defendant under a law it rules unconstitutional. If the executive defied that and went ahead and incarcerated the defendant anyway, then there really would be a constitutional crisis. In that case the court was acting entirely within its proper sphere, it wasn’t ordering another branch to do anything, and it would violate the defendant’s rights to be sent to jail in spite of the courts acquittal. But when courts order presidents to do this or not do that (e.g. don’t enforce the travel ban) that’s an entirely different matter.

    If the court improperly applies the law, the losing party, such as the President can appeal, and if it is an error, have it corrected on appeal.  However, the President cannot and must not blow off the Court.  

    • #41
  12. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants. 

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended. 

    • #42
  13. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants.

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended.

    You are inviting anarchy.  If the President and Congress disagree with a judicial interpretation of the law, enact a new law.  Happens all the time.  Congress or the Legislature feel that a Court has erred.  Simple.  Pass a new law.  

    • #43
  14. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Gary Robbins (View Comment):
    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    So, are you saying that all Congress and the President have to do to reverse Roe v. Wade is pass a new law?

    • #44
  15. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Randy Webster (View Comment):

    Gary Robbins (View Comment):
    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    So, are you saying that all Congress and the President have to do to reverse Roe v. Wade is pass a new law?

    Regrettably, the Supreme Court found a Constitutional Right to privacy in Roe.  I hope that Roe is reversed ASAP.  

    A federal law was passed outlawing partial birth abortion which was found to be constitutional.  States are falling over each other to prohibit abortions after 20-24 weeks, which will allow for further Court tests.

    • #45
  16. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants.

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended.

    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    No Sir, if the People are behind Congress and the President and the Court is on its own, that is not Anarchy. 

    The rules are clear: Congress can remove Justices if they have the will. They just never have, If they did, you can bet the vast majority of  Americans would be behind them.

    Simple. 

    • #46
  17. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants.

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended.

    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    No Sir, if the People are behind Congress and the President and the Court is on its own, that is not Anarchy.

    The rules are clear: Congress can remove Justices if they have the will. They just never have, If they did, you can bet the vast majority of Americans would be behind them.

    Simple.

    This suggestion is many things, but simple it is not.

    So how would you keep track of the laws under this new system.  Right now, anyone can look up a law or judicial precedent.  Should there be an asterisk next to laws, current disapproved of by Pesident X, and the 115th Congress.  The 116th Congress will be elected in three weeks.  Do all of the laws automatically change or have to be reaffirmed?  What if the Senate is controlled by one party, and the House is controlled by the other party.  A new President may be elected in 2020.  What happens when President Y is elected?  Assuming that Trump cannot ignore the 22nd Amendment, there will be a new President no later than Noon on January 20, 2025.  

    • #47
  18. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants.

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended.

    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    No Sir, if the People are behind Congress and the President and the Court is on its own, that is not Anarchy.

    The rules are clear: Congress can remove Justices if they have the will. They just never have, If they did, you can bet the vast majority of Americans would be behind them.

    Simple.

    This suggestion is many things, but simple it is not.

    So how would you keep track of the laws under this new system. Right now, anyone can look up a law or judicial precedent. Should there be an asterisk next to laws, current disapproved of by Pesident X, and the 115th Congress. The 116th Congress will be elected in three weeks. Do all of the laws automatically change or have to be reaffirmed? What if the Senate is controlled by one party, and the House is controlled by the other party. A new President may be elected in 2020. What happens when President Y is elected? Assuming that Trump cannot ignore the 22nd Amendment, there will be a new President no later than Noon on January 20, 2025

    The Cherokee got moved. The nation did not fall into Chaos

    • #48
  19. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants.

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended.

    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    No Sir, if the People are behind Congress and the President and the Court is on its own, that is not Anarchy.

    The rules are clear: Congress can remove Justices if they have the will. They just never have, If they did, you can bet the vast majority of Americans would be behind them.

    Simple.

    This suggestion is many things, but simple it is not.

    So how would you keep track of the laws under this new system. Right now, anyone can look up a law or judicial precedent. Should there be an asterisk next to laws, current disapproved of by Pesident X, and the 115th Congress. The 116th Congress will be elected in three weeks. Do all of the laws automatically change or have to be reaffirmed? What if the Senate is controlled by one party, and the House is controlled by the other party. A new President may be elected in 2020. What happens when President Y is elected? Assuming that Trump cannot ignore the 22nd Amendment, there will be a new President no later than Noon on January 20, 2025.

    How is this about Trump all of a sudden? Geez Gary.

     

    • #49
  20. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    The answer is easy. The law stands on the books becasuse Congres and the President says it does. This is not hard man. 

    • #50
  21. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    OK, Look, if Congress and the President agree the Court is wrong, the President then can ignore the Court and won’t get impeached. It is not anarchy, it is the other two branches disagreeing. In fact, what ought to happen is Congress Impeaches the Judges. That is what is intended.

    If it is a ruling by a trial court, appeal.

    If there is a ruling by the Supreme Court, and Congress and the President agree that the Court is wrong, pass a new law.

    If the law is unconstitutional, pass a constitutional amendment.

    But a President cannot and must not blow off the Court’s ruling. If a President does, then the House should impeach and the Senate should convict and remove.

    You are wrong. “Should” does not enter into it. If Congress and the President agree then the President can blow off any ruling he wants.

    The Court is not the final arbiter. The People are. The important things must be decided politically. That is what the Founders intended.

    You are inviting anarchy. If the President and Congress disagree with a judicial interpretation of the law, enact a new law. Happens all the time. Congress or the Legislature feel that a Court has erred. Simple. Pass a new law.

    No Sir, if the People are behind Congress and the President and the Court is on its own, that is not Anarchy.

    The rules are clear: Congress can remove Justices if they have the will. They just never have, If they did, you can bet the vast majority of Americans would be behind them.

    Simple.

    This suggestion is many things, but simple it is not.

    So how would you keep track of the laws under this new system. Right now, anyone can look up a law or judicial precedent. Should there be an asterisk next to laws, current disapproved of by Pesident X, and the 115th Congress. The 116th Congress will be elected in three weeks. Do all of the laws automatically change or have to be reaffirmed? What if the Senate is controlled by one party, and the House is controlled by the other party. A new President may be elected in 2020. What happens when President Y is elected? Assuming that Trump cannot ignore the 22nd Amendment, there will be a new President no later than Noon on January 20, 2025

    The Cherokee got moved. The nation did not fall into Chaos

    The Cherokee might dispute that they did not fall into chaos.

    • #51
  22. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bryan G. Stephens (View Comment):

    The answer is easy. The law stands on the books becasuse Congres and the President says it does. This is not hard man.

    With all due respect, this is nuts.  

    • #52
  23. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    The answer is easy. The law stands on the books becasuse Congres and the President says it does. This is not hard man.

    With all due respect, this is nuts.

    It is not nuts, it is how things would happen, if the people were that united against the ruling of the Supreme Court. 

    My hypothetical assumes the political will by the people is there to back Congress and the President. With that sort of will, this sort of thing could happen

    • #53
  24. Bereket Kelile Member
    Bereket Kelile
    @BereketKelile

    Lois Lane (View Comment):

    Bereket Kelile (View Comment):
    Lincoln came up with a clever way of undercutting the Court without openly defying them.

    Expound please.

    He resisted the Court on the Dredd Scott decision by treating it only to the particular case rather than applying it as a new precedent that bounded his future actions. He basically said that he’d abide by the decision in a given case and the Court would have to rule again, presumably millions of times, to get him to enforce the decision universally.

    • #54
  25. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    The answer is easy. The law stands on the books becasuse Congres and the President says it does. This is not hard man.

    With all due respect, this is nuts.

    It is not nuts, it is how things would happen, if the people were that united against the ruling of the Supreme Court.

    My hypothetical assumes the political will by the people is there to back Congress and the President. With that sort of will, this sort of thing could happen

    Why ignore the ruling?  Why not pass a new law?  Why not start the amendment process?  Why not expand the size of the Court?  All three would be far better options than to ignore a ruling.

    • #55
  26. TBA Coolidge
    TBA
    @RobtGilsdorf

    Give us this circus, our daily bread, and forgive us our press passes. 

    • #56
  27. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Gary Robbins (View Comment):
    Regrettably, the Supreme Court found a Constitutional Right to privacy in Roe. I hope that Roe is reversed ASAP.

    I don’t have a problem with the right to privacy, but I think the court first found it in Griswold v. Connecticut.  I just don’t think it gives us the right to kill babies.

    • #57
  28. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    Gary Robbins (View Comment):

    Bryan G. Stephens (View Comment):

    The answer is easy. The law stands on the books becasuse Congres and the President says it does. This is not hard man.

    With all due respect, this is nuts.

    It is not nuts, it is how things would happen, if the people were that united against the ruling of the Supreme Court.

    My hypothetical assumes the political will by the people is there to back Congress and the President. With that sort of will, this sort of thing could happen

    Why ignore the ruling? Why not pass a new law? Why not start the amendment process? Why not expand the size of the Court? All three would be far better options than to ignore a ruling.

    My hypothetical assumes the political will by the people is there to back Congress and the President. With that sort of will, this sort of thing could happen.

    All of those things would be more effort than just saying “No, that law is still good.” I tend to think people might operate that way.

    • #58
  29. Suspira Member
    Suspira
    @Suspira

    After seeing the insane and threatening protests inside the Senate, I think it would be dangerous, as well as deleterious to the national conversation, to hold public hearings for nominees. End the gladiatorial spectacle.

    • #59
  30. Bob W Member
    Bob W
    @WBob

    Bereket Kelile (View Comment):

    Lois Lane (View Comment):

    Bereket Kelile (View Comment):
    Lincoln came up with a clever way of undercutting the Court without openly defying them.

    Expound please.

    He resisted the Court on the Dredd Scott decision by treating it only to the particular case rather than applying it as a new precedent that bounded his future actions. He basically said that he’d abide by the decision in a given case and the Court would have to rule again, presumably millions of times, to get him to enforce the decision universally.

    Applying that concept to Roe, how would it be possible to resist the Roe precedent? If courts refuse to convict abortionists of a crime, then how can that be resisted? Just keep prosecuting them regardless, knowing that they will always be acquitted? 

    .

    • #60
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