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Appoint Garland Now (Senate Has Waived Its Rights)
We thePeople - petition at Whitehouese dot gov ^ | November 09, 2016 | Created by J.S.

Posted on 11/15/2016 3:23:27 PM PST by the_daug

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To: the_daug

the Senate cannot ‘waive its rights’
because this is a constitutional provision
and because it is for the protection of us, the people, and not the Senate, anyway


41 posted on 11/15/2016 4:32:28 PM PST by faithhopecharity ("Politicians are not born. They're excreted." Marcus Tullius Cicero.)
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To: Nifster

.
>> “As unconstitutional as can be” <<

Absolutely!

There is no recess, so there can be no recess appointment.
.


42 posted on 11/15/2016 4:34:37 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: the_daug

"but its complete failure to schedule an up-or-down vote means it has waived that right"

Uh-huh ... yeah ... right. Or, coming from a significantly different point of view ... the Senate filibustered. The cupcakes and snowflakes might grow up and understand some day. But not this year. So they need to just go play outside while mommy and daddy take care of America's business.


43 posted on 11/15/2016 4:36:22 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: the_daug

They are really getting desperate now. If they “succeed” through ignoring the law, Trump should just have Garland removed by security after he takes office, then go ahead and appoint who he was going to and have them revoke any decisions necessary.


44 posted on 11/15/2016 4:40:21 PM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: chris37

“If you don’t follow proper procedure and take the easy way, then you lose in the long run.”

Yeah, it’s that “Reverse Pen and a Phone Thingie!”


45 posted on 11/15/2016 4:52:44 PM PST by vette6387
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To: terycarl

“No one with even average intelligence would nominate an ultraliberal to replace the most conservative member of the court....PATHETIC”

Unfortunately, that would encompass any number of RINO Senators.


46 posted on 11/15/2016 4:53:54 PM PST by vette6387
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To: Gay State Conservative

you mean to tell me that no one has taken away Obama’s Phone and Pen?
Something inside wants Trump to behave the same but my more reasonable, rational, mature side says otherwise.


47 posted on 11/15/2016 4:58:45 PM PST by griswold3
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To: sourcery

The leaders of the Senate made it known that based on a prior situation where election year nominations to the Supreme Court were delayed in the past, that they thought a lame duck should not put the next one on the bench.

They said 45 had next, not that they waived rights.


48 posted on 11/15/2016 4:59:34 PM PST by A CA Guy (God Bless America, God Bless and keep safe our fighting men and women.)
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To: editor-surveyor

The requirement for advice and consent has nothing to do with recesses. It is inviolate


49 posted on 11/15/2016 5:02:46 PM PST by Nifster (I see puppy dogs in the clouds)
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To: Paine in the Neck

“It is not a right; it is a duty. One cannot waive a duty.”

No, but one can shirk.


50 posted on 11/15/2016 5:05:12 PM PST by PLMerite (Lord, let me die fighting lions. Amen.)
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To: Nifster

.
I am inclined to agree with that, but the recess excuse has been used before, and probably will get used again sometime.


51 posted on 11/15/2016 5:08:38 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: editor-surveyor

Not for a SCOTUS nominee


52 posted on 11/15/2016 5:12:34 PM PST by Nifster (I see puppy dogs in the clouds)
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To: the_daug
his independent constitutional right to appoint.

There's no such thing. But don't let that interrupt your mental masturbation.

53 posted on 11/15/2016 5:17:04 PM PST by IronJack
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To: the_daug

if he does this, trump will put up three nominees formscotus and shift the court conservative.

there are no limits to how many justices can be on scotus.


54 posted on 11/15/2016 5:23:38 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: the_daug

The Senate is not in recess - and will not go into recess. Obama already tried to claim the power to declare when the Senate is or is not in recess and the Court reminded the President has no such power and that is a violation of the separation of powers - that was an extraordinary power grab that should have been impeachable alone.


55 posted on 11/15/2016 5:24:41 PM PST by Republican Wildcat
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To: the_daug

The STUPID is strong in these ones! I do mean VERY STUPID and desperate!


56 posted on 11/15/2016 5:26:32 PM PST by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: the_daug

I t just quite simply is not going to happen!!


57 posted on 11/15/2016 5:29:58 PM PST by ontap
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To: the_daug

This guy must be a drop out from the Harry Reid skool of law.


58 posted on 11/15/2016 5:31:55 PM PST by N9841A
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To: the_daug

The ‘coup’ would last until Trump is sworn in, then he can appoint THRE judges citing the L4B precedent.


59 posted on 11/15/2016 5:51:42 PM PST by MHGinTN (A dispensational perspective is a powerful tool for spiritual discernment)
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To: Secret Agent Man

You beat me by *this much*. LOL I think there should be eleven Judges, but I would settle for fifteen.


60 posted on 11/15/2016 5:57:33 PM PST by MHGinTN (A dispensational perspective is a powerful tool for spiritual discernment)
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