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Iran nuke capitulation could trigger Constitutional crisis
The Hill ^ | August 25, 2015 | Robert B. Sklaroff, M.D.

Posted on 08/25/2015 11:25:18 PM PDT by 2ndDivisionVet

Should the Senate sue the president to block implementation of the Iran nuke deal, even if the legislative branch triggers a confrontation between the judicial and executive branches?

The rationales for such litigation have accumulated since I first proposed this approach be studied, with the most unnerving affront to rule-of-law having emerged when, on July 28, Secretary of State Kerry did not reflexively say he would “follow the law” governing existing congressional sanctions if Congress voted to override a veto. (“I can’t begin to answer that at this point without consulting with the president and determining what the circumstances are.”)

A limit to Obama’s lawlessness must definitively be imposed. In 1803, the ability of the Supreme Court to exercise “judicial review” was established (Marbury v. Madison) after an earlier secretary of State had unconstitutionally refused to deliver a commission to the newly-appointed Justice of the Peace in the District of Columbia; as per the Constitution (Article III, Section 2, Clause 1), “Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made.”(continued)

(Excerpt) Read more at thehill.com ...


TOPICS: Foreign Affairs; Government; Politics/Elections
KEYWORDS: iran; obama

1 posted on 08/25/2015 11:25:18 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

It’s no longer a crisis when the Supreme Court itself is incapable of understanding let alone interpreting the constitution.

SCOTUS just sides with Obama... and wala... no crisis.


2 posted on 08/25/2015 11:34:34 PM PDT by Safrguns
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To: Safrguns

Yeah, we call that a tyranny, a dictatorship via an oligarchy.

That is where we have arrived.

And everyone thinks next year’s presidential elections going to actually matter and be a reflection of the people.

Get a clue folks. The Constitution is IRRELEVANT now. We live in a post-Constitutional Socialist nation under fascism run by oligarchs and Marxists .


3 posted on 08/25/2015 11:43:02 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: 2ndDivisionVet

Sorry. Congress already bent over. The Supreme Court has no reason to be involved.


4 posted on 08/25/2015 11:44:22 PM PDT by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: 2ndDivisionVet

It is pretty tough to find anyone in government that gives a flip about the law or the Constitution. That is the crisis that I’m worried about. Any kerfuffle over Iran’s nukes will be pure theatre.


5 posted on 08/25/2015 11:45:28 PM PDT by nicepaco
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To: INVAR

Yea but it’s a lesser evil. We have to elect liberal republicans no matter what to hold the feet of the people they campaigned on working with...to the fire.

In the post-apocalyptic future, I am confident that historians of the day will be comparing the American Right with the people of 1930s Germany. And it will be a totally accurate comparison.


6 posted on 08/25/2015 11:45:44 PM PDT by Norm Lenhart
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To: INVAR

PC- SNUFMO for short.

That is what we can title the United States now:

A PC-SNUFMO country: Post-Constitutional-Socialist-Nation-Under-Fascism via-Marxist-Oligarchy .


7 posted on 08/25/2015 11:48:05 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Norm Lenhart

Yeah, I’m already hearing strains of that in regards to Trump - statements that HE is the total incarnation of evil - and we must vote for someone ‘reasonable’ like Jeb Bush.

We will see how much in-our-face the rigged Soviet system that is our corrupt electoral system shoves in our face - and Trump is the canary in the cage.


8 posted on 08/25/2015 11:51:15 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: INVAR

I just sleep well knowing that in the coming world they worked to achieve, the liberals will be the first to be destroyed by it and made slaves in it..by other liberals. Lack of survival skills and access to Prozac will quickly depopulate their ranks.

Most can’t open a can without electricity much less build fire.


9 posted on 08/25/2015 11:55:40 PM PDT by Norm Lenhart
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To: Safrguns; 2ndDivisionVet

My thinking also. Obamacare was a genuine crisis. The Supreme court passed on it, and pissed on us. There can never again be a crisis with the Government and USSC as presently configured.


10 posted on 08/26/2015 12:21:50 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: 2ndDivisionVet

“Senate sue” seriously?! I believe impeach and remove is the phraseology.


11 posted on 08/26/2015 1:16:53 AM PDT by exnavy (Common sense seems to be uncommon these days.)
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To: 2ndDivisionVet
Even a mere suggestion about a lawsuit against the President by the U.S. Senate shows how much of nation of lawyers and pu$$ies we've become.

There's never a rationale for the legislative branch suing the executive branch. The constitutional remedies for Congress to deal with a reckless and irresponsible president are simple: just 'effing LEGISLATE and deal with it.

Even aside from impeachment proceedings, Congress has the authority to close the White House, throw the president and his family out on the street, and strip him of Secret Service protection.

12 posted on 08/26/2015 3:25:36 AM PDT by Alberta's Child ("It doesn't work for me. I gotta have more cowbell!")
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To: VanShuyten
"Sorry. Congress already bent over."

I believe congress cannot vote to redefine a, "treaty" as something else. Congress acted outside of The Constitution and their action should be challenged by a conservative member as a violation of the powers defined therein. If they uphold any of this crap they deserve to be arrested and jailed simply for violating their oath to uphold and defend.

13 posted on 08/26/2015 4:50:10 AM PDT by outofsalt ( If history teaches us anything it's that history rarely teaches us anything.)
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To: outofsalt

there is no treaty

there is what is a business agreement


14 posted on 08/26/2015 4:54:53 AM PDT by bert ((K.E.; N.P.; GOPc.;+12, 73, .. Iran deal & holocaust: Obama's batting clean up for Adolph Hitler)
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To: 2ndDivisionVet

Didn’t Congress agree to call this mess an Agreement and not a Treaty?
Didn’t make much difference at this point all the Europeans are linking up to do business with Iran,the UN has lifted their sanctions so it’s all moot at this point,even if the Congress doesn’t agree Obama vetoes it and there is not two thirds to Overide,so Obama wins again because of a feckless Congress


15 posted on 08/26/2015 5:31:28 AM PDT by ballplayer (hvexx NKK c bmytit II iyijjhihhiyyiyiyi it iyiiy II i hi jiihi ty yhiiyihiijhijjyjiyjiiijyuiiijihyii)
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To: 2ndDivisionVet

............but HE’S BLAAAACK!!!!!

..............therefore he CAN DO NO WRONG!!!!!!!!!!!

(What are you, racist or something?)


16 posted on 08/26/2015 6:04:30 AM PDT by Flintlock (Our soapbox is gone, the ballot box stolen--we're left with the bullet box now.)
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To: 2ndDivisionVet

Iran killed this man’s son

VIDEO:

http://www.vetsagainstdeal.com/


17 posted on 08/26/2015 7:58:23 AM PDT by KeyLargo
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To: 2ndDivisionVet

We know as fact that members of congress have accepted bribes from the Iranians. Mitch McConnell I bet has received the most.


18 posted on 08/26/2015 11:47:47 AM PDT by minnesota_bound
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