Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Could Justice Antonin Scalia’s Death Lead to a Constitutional Crisis?
Slate ^ | February 13, 2016 | Jamelle Bouie, chief political correspondent.

Posted on 02/13/2016 7:57:31 PM PST by 2ndDivisionVet

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-50 next last
To: soycd

You forget that “we” includes the Leftist Maine twins and the homo-Marxist Illinois Senator Mark Kirk, not to mention other impostors.


21 posted on 02/13/2016 8:10:39 PM PST by fwdude
[ Post Reply | Private Reply | To 5 | View Replies]

To: fwdude

The leftist Maine twins are now King and Collins, FWIW. Snowe is out of there.


22 posted on 02/13/2016 8:11:48 PM PST by Cboldt
[ Post Reply | Private Reply | To 21 | View Replies]

To: BenLurkin

Well if the Senate adjourns for the spring or Summer then Obama can appoint a Supreme Court Justice..maybe that is what they were talking about constitutional crises!!! What they need to do is appoint people that are not up for election to keep the Senate in session.. That will keep Obama from appointing a justice while they are not in session.


23 posted on 02/13/2016 8:12:35 PM PST by tallyhoe
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2ndDivisionVet

I’m thinking that it is going to be more like a Civil War. The commies want to add another freak to their freak show.


24 posted on 02/13/2016 8:13:36 PM PST by FlingWingFlyer (02-13-2016. America's Blackest Day.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 11th_VA
Where’s the Constitutional Crisis? The Senate can delay as long as they want. If they gave in, they’d lose the Senate in the fall.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

That is ALL the Constitution says about the composition of the Supreme Court. Heck, the Congress could reduce the Supreme Court to one judge or give every citizen in the entire nation a seat on the court and it would be perfectly constitutional.

25 posted on 02/13/2016 8:13:40 PM PST by apillar
[ Post Reply | Private Reply | To 4 | View Replies]

To: 2ndDivisionVet

Leave it to leftists to call the Senate’s right to advice and consent in the nomination process as a “constitutional crisis.”


26 posted on 02/13/2016 8:15:47 PM PST by NYRepublican72 (Democrats -- it's always someone else's fault.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Being down one Justice will not through the nation into the pits of hell. Jeez Louise—don’t the teach anything anymore? In case of an equal split it goes to whatever the last lower court ruled.


27 posted on 02/13/2016 8:17:13 PM PST by abigkahuna (How can you be at two places at once when you are nowhere at all?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

W was not a lame duck when he appointed Roberts. Apples and oranges.


28 posted on 02/13/2016 8:20:34 PM PST by VerySadAmerican (Crouch down and lick the hands which feed you. - Sam Adams)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tallyhoe
Well if the Senate adjourns for the spring or Summer then Obama can appoint a Supreme Court Justice..maybe that is what they were talking about constitutional crises!!! What they need to do is appoint people that are not up for election to keep the Senate in session.. That will keep Obama from appointing a justice while they are not in session.

They are not that stupid. They will technically keep the Senate in session by holding proforma sessions, which they already have been doing during down times, to prevent just this scenario with other presidential appointees. Basically one Senator comes in each day and gavels the senate to order then immediately ends the business day (they are not in recess until they haven't had a session for 3 days). Ironically, Obama, just a couple years ago, tried to make a recess appointment to the NLRB during one of these proforma sessions by saying the Senate was not really in session. He got smacked down by the Supreme Court who ruled that the recess appointments were unconstitutional and the Senate decides if they are in session or not, not the president. Permanently closing that avenue to Obama.

29 posted on 02/13/2016 8:23:09 PM PST by apillar
[ Post Reply | Private Reply | To 23 | View Replies]

To: 2ndDivisionVet

This has been an issue before. The Senate doesn’t usually accept lame duck nominees. Nothing wrong with it at all.


30 posted on 02/13/2016 8:26:20 PM PST by Politicalkiddo ("Death be not proud, one short sleep past, we wake eternally, and death shall be no more.."- J.Donne)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Where can I place a bet that Obama gets a nominee confirmed by the Senate well before even November? Probably by summer.


31 posted on 02/13/2016 8:27:47 PM PST by gg188 (Ted Cruz, R - Goldman Sachs)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

I thought slates financial problems bankrupted them.
Apparently, it just bankrupt journalism.


32 posted on 02/13/2016 8:28:54 PM PST by Sasparilla (Hillary for Prosecution 2016)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Jim 0216

To be in a “constitutional crisis,” the citizens would have to awake from their comas and stupors. They’d also have to believe the constitution has meaning and a role in governance. They’ve been taught for two generations it’s a worthless piece of parchment written by old dead white men. So how in the world can the US have a constitutional crisis?


33 posted on 02/13/2016 8:29:40 PM PST by ProtectOurFreedom
[ Post Reply | Private Reply | To 3 | View Replies]

To: 2ndDivisionVet
"What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?"

If that is true, why'd the Repubs give Obama EVERYTHING and MORE that he wanted to spend and every program he wanted to fund until the end of the fiscal year in which he leaves office?

This is bravado. Or just bs. WHEN have the Repubs done ANYTHING that would indicate they will NOT confirm whoever Obama puts up there?

34 posted on 02/13/2016 8:29:47 PM PST by gg188 (Ted Cruz, R - Goldman Sachs)
[ Post Reply | Private Reply | To 1 | View Replies]

To: abigkahuna
Being down one Justice will not through the nation into the pits of hell. Jeez Louise—don’t the teach anything anymore? In case of an equal split it goes to whatever the last lower court ruled.

Yeah, the liberal media and the democrats are going to play this up like its the end of democracy (probably with one of those countdown clocks to judicial Armageddon on the nightly news) if Obama's nominee isn't rushed through (even though it typically takes 3 or 4 months even with the normal nomination process). What most people don't realize is that the Supreme Court can and does operate quite normally with 8 members (and in the past even 7 or 6). Nothing that could happen with 9 can't happen with 8 except I suppose the chance for a tie vote increases, which just upholds the lower courts ruling on the issue at hand.

35 posted on 02/13/2016 8:32:41 PM PST by apillar
[ Post Reply | Private Reply | To 27 | View Replies]

To: BenLurkin

Pelican Brief #2.


36 posted on 02/13/2016 8:34:29 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Pining_4_TX

And the gop will fold like a cheap suit


37 posted on 02/13/2016 8:34:48 PM PST by Breto (Stranger in a strange land... where did America go?)
[ Post Reply | Private Reply | To 12 | View Replies]

To: 2ndDivisionVet

Perhaps. But it is more likely to lead to Civil War, IMO.


38 posted on 02/13/2016 8:35:55 PM PST by Pox (Good Night. I expect more respect tomorrow.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: apillar

Don’t forget the NLRB v Noel Canning went 9-0! It’s hard for the commies to argue against 9-0. Imagine their screeching if it had gone 5-4 with Scalia being the deciding vote.

The opinion was written by Breyer. Justice Scalia filed an opinion concurring in the judgment, which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.


39 posted on 02/13/2016 8:36:11 PM PST by ProtectOurFreedom
[ Post Reply | Private Reply | To 29 | View Replies]

Does anybody actually believe based on the senates record of doing everything O’Bunghole wants that they will not hesitate to confirm whatever wise black transspecies transexual wiccan lesbian he nominates? I believe whover obastard nominates will not only be confirmed almost unanimously but will also happen post haste.


40 posted on 02/13/2016 8:36:18 PM PST by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
[ Post Reply | Private Reply | To 12 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-50 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson