Justice Kennedy, the pivotal swing vote on the Supreme Court, announces retirement

Wash Post ^ | 11-27-2018 | Robert Barnes

[tcrlaf]

Justice Anthony M. Kennedy announced Wednesday that he is retiring from the Supreme Court, a move that gives President Trump the chance to replace the court’s pivotal justice and dramatically shift the institution to the right, setting up a bitter partisan showdown on Kennedy’s successor.

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“It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court,” Kennedy, who is stepping down July 31, said in a statement.

Kennedy informed the president of his decision in a letter.

[tcrlaf]

If you think you have seen how violent the left can get now, just wait... The Nuttiest of them are going to be absolutely frothing over this.

[DCBryan1]

nuttiest of the nutty HERE

[shelterguy]

Wow, this is the first I am hearing about this.

[loveliberty2]

At this critical moment in America's history, Justice Kennedy may have made the most positively wise and beneficial-to-liberty decision of his long career on the bench.

The Constitutional Structure For Limited And Balanced Government

The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people's liberty against combinations of government power. It structured the Executive, Legislative, and Judiciary separate and wholly independent as to function, but coordinated for proper operation, with safeguards to prevent usurpation of power. Only by balancing each against the other two could freedom be preserved, said John Adams. Another writer of the day summarized clearly the reasons for such checks and balances:

• "If the LEGISLATIVE and JUDICIAL powers are united, the MAKER of the law will also INTERPRET it (constitutionality).
• Should the EXECUTIVE and LEGISLATIVE powers be united... the EXECUTIVE power would make itself absolute, and the government end in tyranny.
• Should the EXECUTIVE and JUDICIAL powers be united, the subject (citizen) would then have no permanent security of his person or property."

"INDEED, the dependence of any of these powers upon either of the others ... has so often been productive of such calamities... that the page of history seems to be one continued tale of human wretchedness." (Theophilus Parsons, ESSEX RESULTS)

What were some of these checks and balances believed so important to individual liberty? Several are listed below:

• HOUSE (peoples representatives) is a check on SENATE - no statute becomes law without its approval.
• SENATE is a check on HOUSE - no statute becomes law without its approval. (Prior to 17th Amendment, SENATE was appointed by State legislatures as a protection for states' rights - another check the Founders provided.)
• EXECUTIVE (President) can restrain both HOUSE and SENATE by using Veto Power.
• LEGISLATIVE (Congress - Senate & House) has a check on EXECUTIVE by being able to pass, with 2/3 majority, a bill over President's veto.
• LEGISLATIVE has a further check on EXECUTIVE through power of discrimination in appropriation of funds for operation of EXECUTIVE.
• EXECUTIVE (President) must have approval of SENATE in filling important posts in EXECUTIVE BRANCH.
• EXECUTIVE (President) must have approval of SENATE before treaties with foreign nations can be effective.
• LEGISLATIVE (Congress) can conduct investigations of EXECUTIVE to see if funds are properly expended and laws enforced.
• EXECUTIVE has a further check on members of LEGISLATIVE (Congress) in using discretionary powers in decisions regarding establishment of military bases, building & improvement of navigable rivers, dams, interstate highways, etc., in districts of those members.
• JUDICIARY is a check on LEGISLATIVE through its authority to review all laws and determine their constitutionality.
• LEGISLATIVE (Congress) has restraining power over JUDICIARY, with con­stitutional authority to restrict extent of its jurisdiction.
• LEGISLATIVE has power to impeach members of JUDICIARY guilty of treason, high crimes, or misdemeanors.
• EXECUTIVE (President) is a check on JUDICIARY by having power to nominate new judges.
• LEGISLATIVE (Senate) is a check on EXECUTIVE and JUDICIARY having power to approve/disapprove nominations of judges.
• LEGISLATIVE is a check on JUDICIARY - having control of appropriations for operation of federal court system.
• LEGISLATIVE (Peoples Representatives) is a check on both EXECUTIVE and JUDICIARY through power to initiate amendments to Constitution subject to approval by 3/4 of the States.
• LEGISLATIVE (Senate) has power to impeach EXECUTIVE (President) with concurrence of 2/3, of members.
• The PEOPLE, through their State representatives, may restrain the power of the federal LEGISLATURE if 3/4 of the States do not ratify proposed Constitu­tional Amendments.
• LEGISLATIVE, by Joint Resolution, can terminate certain powers granted to EXECUTIVE (President) (such as war powers) without his consent.
• It is the PEOPLE who have the final check on both LEGISLATIVE and EX­ECUTIVE when they vote on their Representatives every 2 years, their Senators every 6 years, and their President every 4 years. Through those selections, they also influence the potential makeup of the JUDICIARY.

It is up to each generation to see that the integrity of the Constitutional structure for a free society is maintained by carefully preserving the system of checks and balances essential to limited and balanced government. "To preserve them (is) as necessary as to institute them," said George Washington.

---

Footnote: Our Ageless Constitution, W. David Stedman & La Vaughn G. Lewis, Editors (Asheboro, NC, W. David Stedman Associates, 1987) Part III: ISBN 0-937047-01-5

[Regulator]

God, whatta week.

It’s like a dream come true.

DJT, Captain America.

[griswold3]

Read a “Progressives’” post that said:
‘Kennedy’s announcement just dumped gasoline on a dumpster fire that is America.’
Is that a threat?

[G Larry]

Trump's List (from Wikipedia):

United States Courts of Appeals[edit] Court of Appeals for the D.C. Circuit Brett Kavanaugh*** (born 1965)[22][24][25] Court of Appeals for the 3rd Circuit Thomas Hardiman* (born 1965)[11][24][26] Court of Appeals for the 5th Circuit Don Willett* (born 1966)[11] (appointed by Trump)[note 2] Court of Appeals for the 6th Circuit Raymond Kethledge* (born 1966)[11][24][26] Joan Larsen* (born 1968)[11] (appointed by Trump)[note 3] Amul Thapar** (born 1969)[12][24] (elevated by Trump)[note 4] Court of Appeals for the 7th Circuit Amy Coney Barrett*** (born 1972)[25] (appointed by Trump)[note 5] Diane Sykes* (born 1957)[11] Court of Appeals for the 8th Circuit Steven Colloton* (born 1963)[11] Raymond Gruender* (born 1963)[11] David Stras* (born 1974)[11] (appointed by Trump)[note 6] Court of Appeals for the 10th Circuit Allison Eid* (born 1965)[11] (appointed by Trump)[note 7] Neil Gorsuch** (born 1967)[12][13] (nominated and confirmed) Timothy Tymkovich** (born 1956)[12] Court of Appeals for the 11th Circuit Kevin Newsom*** (born 1972)[25] (appointed by Trump)[note 8] Bill Pryor* (born 1962)[11] Court of Appeals for the Armed Forces Meg Ryan** (born 1964)[12] United States District Courts[edit] Federico A. Moreno** (born 1952) – District Judge, United States District Court for the Southern District of Florida[12] State Supreme Courts[edit] Keith Blackwell** (born 1975) – Associate Justice, Supreme Court of Georgia[12] Charles Canady** (born 1954) – Associate Justice, Supreme Court of Florida[12] Britt Grant*** (born 1978)[25] – Associate Justice, Supreme Court of Georgia (nominated to the Eleventh Circuit) Thomas Rex Lee* (born 1964) – Associate Justice, Utah Supreme Court[11] (possible candidate for a Circuit Court vacancy[22]) Edward Mansfield** (born 1957) – Associate Justice, Iowa Supreme Court[12] Patrick Wyrick*** (born 1981)[25] – Associate Justice, Supreme Court of Oklahoma (nominated to the Western District of Oklahoma) Robert Young Jr.** (born 1951) – Former Chief Justice, Michigan Supreme Court[12] United States Senators[edit] Mike Lee** (born 1971) – Senator from Utah[12][24]

[Angels27]

Could be a big gift to Republicans to help hold on to the Senate.

[Harpotoo]

Not to worry as they usually burn down their own cities:-)

[robroys woman]

Makes me want to watch CNN to see if any heads explode.

The next YouTube video from The View should be good. ;-)

[luvbach1]

The next Trump nominee for SCOTUS will be Borked every which way but loose. The progs will b wild to prevent a larger conservative majority.

[Professional]

LOL!

[Buckeye McFrog]

Damn, that DU thread was a frightening read.

For some reason they want to tar and feather Susan Sarandon.

[G Larry]

My picks from Trump's list: (Based on age & the little history I know)

United States Courts of Appeals Court of Appeals for the D.C. Circuit

Brett Kavanaugh (born 1965)

Court of Appeals for the 3rd Circuit

Thomas Hardiman (born 1965)

Court of Appeals for the 5th Circuit

Don Willett (born 1966) (appointed by Trump)

[Professional]

The definition of winning...

“You turn on CNN to see their anguish”

[1Old Pro]

“You turn on CNN to see their anguish”

They are continually miserable. Liberals have no sense of humor, just look at SNL....not funny in the least, just full of hate.

[Cowboy Bob]

Trump has a chance to correct Reagan’s mistake.

[Blood of Tyrants]

Just wait until Ginsberg dies, Breyer retires, or Sotomayor is forced to retire for health reasons.

[Tenacious 1]

Wow, this is the first I am hearing about this.

I see what you did there.

[MplsSteve]

“The next Trump nominee for SCOTUS will be Borked every which way but loose.”

Absolutely true. What happened to Bork will be child’s play.

I hope Trump and the Senate are ready for this. I’m assuming that they will.

It’s gonna be a barn-burner - and then some.