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Did Justice Scalia Already Give Us the Solution to the Problem of Filling His Seat?
Canada Free Press ^ | 02/16/16 | Selwyn Duke

Posted on 02/16/2016 5:34:08 AM PST by Sean_Anthony

Only power negates power. It's time to stop acting like impotent fools and start showing the Court how impotent it really is

The death of the intrepid Justice Antonin Scalia has shaken the political world. If his successor’s appointment cannot be delayed until the next presidency, it’s assured that an unassailable hard-left majority will control the Supreme Court. This will mean, conservatives warn, the end of significant Second Amendment rights, curtailment of many religious freedoms and a consistent rubber-stamp for the “progressive” agenda.

Unfortunately, the likelihood of replacing Scalia—the court’s pre-eminent legal mind—with even a pale imitation is slim. For it to happen


TOPICS: Government; Politics
KEYWORDS: antoninscalia; justicescalia; obama; power; scalia; scotus; supremecourt; texas
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1 posted on 02/16/2016 5:34:08 AM PST by Sean_Anthony
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To: Sean_Anthony

As Andrew Jackson said, “John Marshall has made his decision, no let him enforce it”


2 posted on 02/16/2016 5:42:08 AM PST by Daveinyork ("Trusting government with money and power is like trusting teenaged boys with whiskey and car keys",)
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To: Sean_Anthony
Two important axioms:

1. Obama will appoint the most radical he can find. (Rush Limbaugh--paraphrased)

2. The Republican led Congress MUST remain in pro forma session constantly from now until the inauguration of the next President to prevent a recess appointment to the Supreme Court by Obama. (Newt Gingrich--paraphrased)

Saving the Republic from destruction depends upon McConnell, Ryan, and the other Republicans in Congress. This is frightening, considering their past behavior. Whether or not they have the wisdom, fortitude, and moral strength to prevent an Obama appointment will determine whether or not the United States will survive.

The stakes are high.

3 posted on 02/16/2016 5:46:39 AM PST by Savage Beast (We see an ocean of crashing waves, as black holes create a violent storm in the fabric of space-time)
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To: Sean_Anthony
He made a very good argument right up to the point where he began railing against Marbury v. Madison.

Let us remember what Marbury held - that the provision of the Judiciary Act of 1789 that enabled Marbury to bring a claim directly to the Supreme Court was unconstitutional, since by legislative act the Congress attempted to extend the Court's original jurisdiction beyond that which Article III established.

Let us remember that Article III section 2 asserted that The judicial power shall extend to all cases, in law and equity, arising under this Constitution.the laws of the United States, and treaties made, or which shall be made, under their authority...

Marbury held that Congress passed a law that exceeded its constitutional powers.

4 posted on 02/16/2016 5:49:32 AM PST by AndyJackson
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To: Sean_Anthony

What an excellent article. Let the quixotic justices enforce their own decisions. They are not despots no matter how much of a temper tantrum they pitch. Thanks for posting.


5 posted on 02/16/2016 5:52:01 AM PST by refreshed
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To: Sean_Anthony

It won’t matter who is nominated in the Republican Party to be president, as the marxists will use a marxist Supreme Court to challenge and negate everything conservatives attempt achieve.


6 posted on 02/16/2016 5:58:26 AM PST by Lopeover (2016 Election is about allegiance to the United States)
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To: refreshed

Too bad they can’t enforce Obamacare themselves too. Could have to if we had any spine in the Republican Party.


7 posted on 02/16/2016 6:05:25 AM PST by Hattie
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To: refreshed

Really? Add rabid Marxists, their media and illiterate masses to the mix. They will say the court determines it all.


8 posted on 02/16/2016 6:12:36 AM PST by Lopeover (2016 Election is about allegiance to the United States)
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To: Sean_Anthony
...the end of significant Second Amendment rights...

Inalienable rights cannot be set aside if the People actually want to maintain them. Perhaps we shall soon see if there are many men among us.

9 posted on 02/16/2016 6:19:14 AM PST by GingisK
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To: GingisK

Hi GingisK,

Today is a terrific day to buy more ammo. Of course, every day is a terrific day to do so. One never knows when it may be needed.

Gwjack

P.S. Note to self: if SCOTUS goes liberal, good men/women will prevail if prepared.


10 posted on 02/16/2016 6:45:31 AM PST by gwjack (May God give America His richest blessings.)
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To: Lopeover

With that type of surrender attitude why don’t we close down FR go back to bed and surrender.


11 posted on 02/16/2016 6:52:27 AM PST by Blackirish
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To: Hattie

Because L4B holds Roberts’ blackmail file the court was already 5/4 where fascist-commie issues arose. Look at the unconstitutional obamacare ruling for proof.


12 posted on 02/16/2016 7:15:13 AM PST by MHGinTN (Democrats bait then switch; their fishy voters buy it every time.)
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To: miele man

later reading


13 posted on 02/16/2016 7:47:46 AM PST by miele man
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To: Savage Beast
2. The Republican led Congress MUST remain in pro forma session constantly from now until the inauguration of the next President to prevent a recess appointment to the Supreme Court by Obama. (Newt Gingrich--paraphrased) Saving the Republic from destruction depends upon McConnell, Ryan, and the other Republicans in Congress. This is frightening, considering their past behavior. Whether or not they have the wisdom, fortitude, and moral strength to prevent an Obama appointment will determine whether or not the United States will survive. The stakes are high.

If the GOPe folds to what will be daily presuure by the libs and the media to vote in another lib, Trump will win the nomination in a landslide as they will prove us right that once elected they forget why.

14 posted on 02/16/2016 7:49:54 AM PST by 1Old Pro
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To: Sean_Anthony

Judge Roy Moore for Justice of the Supreme Court of the United States


15 posted on 02/16/2016 8:32:18 AM PST by Ray76 (Our gov has become hideously deformed by the hand of the Dem-Rep-Uniparty. They must be abolished.)
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To: Ray76

A close fit to Scalia!


16 posted on 02/16/2016 8:37:13 AM PST by MHGinTN (Democrats bait then switch; their fishy voters buy it every time.)
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To: 1Old Pro

I think you’re right. If they do that, it will galvanize Trump’s support!


17 posted on 02/16/2016 8:48:40 AM PST by Savage Beast (We see an ocean of crashing waves, as black holes create a violent storm in the fabric of space-time)
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To: MHGinTN
Look at the unconstitutional obamacare ruling for proof.

Always knew I was a de facto serf in the oligarchical states of america. The day they successfully codified that reality was a bitter pill.

18 posted on 02/16/2016 9:10:42 AM PST by Stentor ("Millions for defense, but not one cent for tribute." Robert Goodloe Harper)
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To: Lopeover

I should have said “try to enforce their own decisions.” They have no enforcement authority.


19 posted on 02/16/2016 9:12:02 AM PST by refreshed
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To: Savage Beast
2. The Republican led Congress MUST remain in pro forma session constantly from now until the inauguration of the next President to prevent a recess appointment to the Supreme Court by Obama. (Newt Gingrich--paraphrased)

I think a recess appointment might not be the worst that could happen. For one, the term would expire with the end on the Congressional session (Jan 3, 2017), and whoever won the presidential election would have the option to select a new justice. This makes it a good campaign issue, one that should have conservatives more fired up than the liberals. Also, it removes the issue from the Senate campaigns for the short term, and they won't have to spend time trying to block Obama at every turn.

The downside is that the justice could do some damage in the next few months, but we already have John Roberts doing that anyway.

Of course, Obama might not be interested in making a recess appointment because it doesn't help him much. He would probably much rather antagonize the GOP for the rest of the year- though he'll be doing that in any case.

All in all, though, this means even more that 2016 is a critical election for conservatism, and we're about out of last chances.

20 posted on 02/16/2016 9:25:16 AM PST by Repealthe17thAmendment
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