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The Founding Fathers wouldn’t want Kavanaugh’s confirmation to continue
Washington Post ^ | August 24, 2018 | Laurence H. Tribe

Posted on 08/25/2018 3:18:37 AM PDT by SMGFan

Laurence H. Tribe, a professor of constitutional law at Harvard, is the co-author of “To End a Presidency: The Power of Impeachment.” Imagine if in 1972, President Richard M. Nixon, rather than routing his opponent, had barely won the presidential election. In that world, when evidence came to light that Nixon had committed impeachable offenses during his campaign, it would have been plausible to suppose that those offenses were essential to his victory.

And the stakes would then have been even higher than they were when, in 1974, the Supreme Court was deciding whether Nixon had to comply with a grand jury demand that he deliver up subpoenaed tapes and documents that would prove whether those offenses, and abuses of executive power to cover them up, had indeed been committed by the president. As we all know, United States v. Nixon came out 8 to 0, sounding the death knell of Nixon’s presidency, once he produced the incriminating tapes.

A similarly unanimous outcome would be less likely today, however. Observers need look no further than Bush v. Gore to conclude that the court’s heightened polarization and the pro-executive leanings of several of its justices point to a closely divided ruling in an increasingly-less-hypothetical “United States v. Trump.”

So instead imagine a Trump appointee to the court — one named as impeachment clouds were gathering and seemingly selected with a presidential eye focused sharply on his pro-presidential writings — casting the deciding vote in a future case against Trump, involving an issue such as the president’s obligation to comply with a subpoena to testify or the president’s amenability to indictment.

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


TOPICS: Society
KEYWORDS: abortion; brettkavanaugh; districtofcolumbia; laurencehtribe; maga; scotus; washingtoncompost; washingtonpost
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Alas Poor Larry, he once had SCOTUS dreams.
1 posted on 08/25/2018 3:18:37 AM PDT by SMGFan
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To: SMGFan

Let the river of liberal tears flow.


2 posted on 08/25/2018 3:28:22 AM PDT by GeneralisimoFranciscoFranco (I love liberals. They taste like chicken.)
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To: SMGFan

The TDS is strong in this one. The meltdown of leftists continues.

JoMa


3 posted on 08/25/2018 3:29:21 AM PDT by joma89
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At this point in time invoking the “founding fathers” does not add any credibility to the wapo agenda.


4 posted on 08/25/2018 3:48:49 AM PDT by Clutch Martin (The trouble ain't that there is too many fools, but that the lightning ain't distributed right.)
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To: SMGFan

I think we’ll find down the road that Kavanaugh is Kennedy.......


5 posted on 08/25/2018 3:50:27 AM PDT by stockpirate (TYRANNY IS THY NAME REBELLION IS OUR ANSWER. HANG THEM ALL!)
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To: SMGFan

So he wrote this because he thinks it will fool Senators into voting against Kavanaugh?


6 posted on 08/25/2018 3:50:42 AM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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To: SMGFan

I think we’ll find down the road that Kavanaugh is Kennedy.......

I hope not.....


7 posted on 08/25/2018 3:51:06 AM PDT by stockpirate (TYRANNY IS THY NAME REBELLION IS OUR ANSWER. HANG THEM ALL!)
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To: SMGFan

What impeachable offenses? Can they even be committed before a person is elected?

This is ridiculous. He was duly elected, now time to “move on”


8 posted on 08/25/2018 3:51:44 AM PDT by proud American in Canada
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To: stockpirate

How can you tell?


9 posted on 08/25/2018 3:52:35 AM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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To: SMGFan

The last refuge of a scoundrel such as Laurence H. Tribe is putting false words into the mouths of the founding fathers...


10 posted on 08/25/2018 3:58:43 AM PDT by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: SMGFan
had barely won the presidential election.

Lie #1

(Hillary took a sizable ass-whoopin'.)

committed impeachable offenses during his campaign

Lie #2

(high crimes and misdemeanors were not committed while seated President. Clinton was impeached for obstruction of justice and perjury while in office. )

as impeachment clouds were gathering

Lie #3

(impeachment "clouds" are only in the fever dreams of the derp state media. Even in those dreams, no crimes are alleged or were committed BEFORE Trump was elected).

Three blatant lies before the click. Go to link to discover many more lies the Washington Post can pack into one article.

I bet it's a lot.

Bagster


11 posted on 08/25/2018 4:10:40 AM PDT by bagster ( "Even bad men love their mamas.")
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To: Zeppo
Laurence H. Tribe is putting false words into the mouths of the founding fathers...

It's funny when the Derp State leftards pretend to respect the founding fathers.

Bagster


12 posted on 08/25/2018 4:12:23 AM PDT by bagster ( "Even bad men love their mamas.")
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To: Clutch Martin

“At this point in time invoking the “founding fathers” does not add any credibility to the wapo agenda.”

Actually the founders, unlike today’s Democrats, would believe in the rule of law. President Trump took office after receiving the requisite number of electoral votes (i.e. according to the Constitution which is the law of the land). There is no evidence any popular or electoral vote was changed by any alleged “illegal” action by Trump. Therefore he is the legitimate president according to the law of the land and his nomination of Kavanaugh is valid.

The founders would perceive the nomination as valid and would carefully review Judge Kavanaugh’s qualifications for office. If the judge demonstrated a respect for the law, as written, his public and private life indicated he was a person of high integrity (the word they used was virtuous), and there was no indication his opinions were swayed by outside influences, they would confirm him. Most of the founders abhorred sharply partisan ideological politics as practiced today.

Professor Tribe is an advocate of the “living Constitution”, not the written Constitution. He favors the Supreme Court “interpreting” whatever a majority of the Court wishes as the law of the land instead of using the Amendment process to change the document. In essence Tribe is an advocate of the judicial tyranny of today’s federal courts where individual district judges nullify acts of the president or Congress based on opinion, not the letter of the Constitution or letter of laws enacted by Congress.

There is a reason Bill Clinton and Barack Obama did not nominate Professor Tribe to the Supreme Court. His nomination would not have been approved by the Senate.


13 posted on 08/25/2018 4:13:50 AM PDT by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work on it.)
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To: stockpirate

Yeah. I agree. This guy is no Alito or Thomas. If Kavanaugh turns out to be a strict constuctionist then look for Roberts to be the new Kennedy. We need one more.

This guy Kavanaugh drips of deep state. Siding with the NSA against Americans, working for Bush. No bid.


14 posted on 08/25/2018 4:15:30 AM PDT by mindburglar (I like spelling it Lazers. It looks cooler.)
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To: SMGFan

They seek to stop Kavenaugh by any means necessary. Which means we need him on SCOTUS.


15 posted on 08/25/2018 4:16:34 AM PDT by backwoods-engineer (Enjoy the decline of the American empire.)
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To: SMGFan

I am actually quite surprised. Considering the lifestyle Trump bragged about living for decades I am quite astonished to discover the Rats have only been able to ferret out TWO women that make these allegations. TWO? That’s it? Trump isn’t even coming close to BJ numbers. TWO? Trump must have been living like a monk for the last two decades if they can only find two bimbos in the last 20 years. He isn’t even close to racking up BJ type numbers.


16 posted on 08/25/2018 4:26:48 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: bagster
Hey Larry, our founding fathers would have rose up and waged war against the democrats. Who does this clown think he's kidding?
17 posted on 08/25/2018 4:39:05 AM PDT by Peeps47 (Democrats are as corrupt as they are incompetent)
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To: SMGFan

The founding fathers would’ve taken up arms against the Democrats at this point.


18 posted on 08/25/2018 4:39:43 AM PDT by Skywise
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To: SMGFan

another hate America fool.


19 posted on 08/25/2018 4:50:22 AM PDT by maddogtiger
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To: SMGFan

another hate America fool.


20 posted on 08/25/2018 4:50:23 AM PDT by maddogtiger
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