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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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To: SMGFan

The dead white Founding Fathers also did nothing about SLAVERY, so why should we try to channel them?

(spit a bit back at the Left)


21 posted on 08/25/2018 4:54:20 AM PDT by BobL (I drive a pick up truck because it makes me feel like a man)
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To: SMGFan
Once again: if wasn't for their double standards, Democrats would have no standards at all.

Bill Clinton's nominee for SCOTUS, Stephen Breyer, was confirmed on July 29, 1994.

He was at that time under investigation by DOJ Special Counsel Robert Fiske for Whitewater scandal, suicide of Vince Foster, Travelgate, Filegate. When days later, Aug 4, 1994 that investigation was taken over by Independent Counsel Kenneth Starr the Lewinsky scandal was added.

Bill Clinton SCOTUS nominee could be confirmed while he was under a special investigation - that could have led to the SCOTUS - but Trump's can't?

22 posted on 08/25/2018 4:56:37 AM PDT by drpix
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To: SMGFan
I thought the Left’s view was that the founding fathers were a bunch of dead old racist White guys who should be erased from history? No. guess not when the WP can practice its usual hypocrisy.
23 posted on 08/25/2018 4:59:41 AM PDT by Truth29
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To: SMGFan

SOMEbody is in need of some Dr. D.J. Trump’s Butt Hurt Salve.


24 posted on 08/25/2018 5:00:49 AM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no gstandards at all -- Texas Eagle)
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To: stockpirate

That may very well be.


25 posted on 08/25/2018 5:01:26 AM PDT by Architect of Avalon
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To: SMGFan

BS. What I suspect is that the Founding Fathers would have had no trouble spotting a “witch hunt”/coup against a sitting Presdent & would have no trouble at all with Trump’s SCOTUS pick in view of Kavanaugh’s interpretation of the Constitution, especially as contrasted to anyone a Democrap would nominate.


26 posted on 08/25/2018 5:02:47 AM PDT by Qiviut (Obama's Legacy in two words: DONALD TRUMP!)
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To: bagster
(Hillary took a sizable ass-whoopin'.)

She even had FIVE electors who refused to vote for her compared to Trump's two.

27 posted on 08/25/2018 5:07:57 AM PDT by Vigilanteman (ObaMao: Fake America, Fake Messiah, Fake Black man. How many fakes can you fit into one Zer0?)
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To: SMGFan

He’s fullasheet.


28 posted on 08/25/2018 5:14:20 AM PDT by Jack Hammer
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To: SMGFan
The Senates advise and consent is suppose to be about character and legal experience.

The idea that justices would be approved along party lines is an abomination.

29 posted on 08/25/2018 5:18:03 AM PDT by Sacajaweau
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To: SMGFan

The vote can’t happen fast enough IMO.


30 posted on 08/25/2018 5:22:09 AM PDT by 9YearLurker
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To: SMGFan
"Laurence H. Tribe, a professor at Harvard."

I don't need to know anything else from or about this commie...

31 posted on 08/25/2018 5:27:52 AM PDT by unread (Joe McCarthy was right.......)
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To: SMGFan

Guilty until proven innocent. Trump has committed no crimes. Tribe should know better.


32 posted on 08/25/2018 5:33:55 AM PDT by kabar
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To: SMGFan

Mr. Tribe: What the Founding Fathers would want us to do at this point - well, let me put it this way: If you were still around when we were finished, you wouldn’t have many friends or colleagues left.


33 posted on 08/25/2018 5:36:49 AM PDT by Jim Noble
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To: SMGFan

Horsecrap. Clinton’s nomination of Breyer sailed right through.


34 posted on 08/25/2018 5:41:50 AM PDT by FLT-bird
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To: FLT-bird
And Feinstein & Leahy were in the Senate to vote for him. Can't wait to see them trying to wiggle out of that.
35 posted on 08/25/2018 5:54:52 AM PDT by drpix
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To: stockpirate

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

Actually l am afraid that’s the best we can hope for. Just take solace it’s not the witch making the picks.


36 posted on 08/25/2018 6:03:18 AM PDT by gibsonguy
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To: proud American in Canada
Well, of course, it's time to "move on".

But if you think the Left will give up trying to remove Trump from office or, at minimum, make his life miserable while he is president, you're kidding yourself.

The Left only "moves on" when it's to their benefit. Hillary invokes it all the time except when the democRATS want her to "move on" after her loss to Trump.

Hillary started moveon.org after Billie BJ's problems with an underage intern in the WH.

These people will never give up. They are relentless in their hate for America and Americans.

37 posted on 08/25/2018 6:03:42 AM PDT by HotHunt
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To: stockpirate

After obamacare, I am under the impression that Roberts is Kennedy.


38 posted on 08/25/2018 6:17:31 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: SMGFan
The Founding Fathers wouldn’t want Kavanaugh’s confirmation to continue

This article heralds this poor soul as a constitutional scholar but wouldn't a constitutional scholar know that the founders have no say so in the matter.

39 posted on 08/25/2018 6:18:15 AM PDT by MosesKnows (Love Many, Trust Few, and Always Paddle Your Own Canoe)
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To: SMGFan

Crazy Larry channeling the Founding Fathers again. The boy definitely has some “issues”.


40 posted on 08/25/2018 6:28:27 AM PDT by FlingWingFlyer (#NotARussianBot)
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