Audio reveals DNC committee reaction to Kennedy retirement: 'This is not good news'

The Hill ^ | 06/27/18 | Avery Anapol

[yesthatjallen]

Audio taken during a Democratic National Committee (DNC) Rules Committee conference call reveals the immediate reaction to the news Wednesday of Supreme Court Justice Anthony Kennedy’s retirement.

In the audio clip shared on Twitter by Politico reporter David Siders, Democrats on the call express disappointment that Kennedy, a moderate conservative justice known for often being a swing vote, would be retiring.

After one participant reads the news aloud, cries of “oh,” and “oh my god” can be heard. The audio was taken during a public conference call on superdelegate reform.

“This is not good news,” one person says.

Another attendee points to Kennedy’s status as the court’s swing vote, but pointed out that he sided with the conservative majority in several recent rulings, including the decision to uphold President Trump’s travel ban.

“Not that he’s done us any good on these recent decisions, but he was the one that was usually persuadable,” the attendee says in the clip.

Kennedy’s departure opens the door for Trump to make his second Supreme Court nomination. Democrats have already expressed concern that whoever Trump appoints will swing the court farther to the right, and clear a path for anti-abortion advocates and other conservative movements to bring more cases.

[yesthatjallen]

Audio at link.

[Vendome]

[beergarden]

were they crying in the audio? I dont like listening to leftards...

[Starboard]

were they crying in the audio?

****************

Caterwauling. LOL

[BBQToadRibs]

Gonna be some heavy drinking at the bars tonight.

[ifinnegan]

Liberals think this means the end if their country.

Let’s help them leave so they can go make a better life for themselves in some other country.

[Responsibility2nd]

Click here.

Grab some popcorn and go enjoy the apocalyptic hysteria over at the Democratic Underground!

 

[The Sons of Liberty]

[shelterguy]

I doubt they will wait until they get to the bar.

[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

[babble-on]

Is it rude if I point out that getting 50 votes in the senate is not going to be easy?

[BBQToadRibs]

I see a lot of crying into Cosmo’s and Bourbon apple sangria. (With a Persian lime twist.)

[shelterguy]

There are a number of dem senators in Red states that need to go along or get the boot.

[Oldeconomybuyer]

[Dilbert San Diego]

No it’s not rude. There are some soft Republicans, plus the GOP is apparently down 1 permanently because John McCain may never return to vote on anything.

But let’s hope some Dems such as Manchin of West Virginia or Heidkamp of North Dakota vote to confirm a conservative nominee.

[yesthatjallen]

Not to me.

Many people are counting chickens that haven't hatched.

This isn't the end. It's the beginning of the beginning.

[Fido969]

Kennedy was supposed to be a conservative judge. Once on the court, he swung far left.

[Optimus Prime]

Now if only Breyer and Ginsburg would retire. Then we could get the court to 7-to-2.

[DouglasKC]

After one participant reads the news aloud, cries of “oh,” and “oh my god” can be heard. The audio was taken during a public conference call on superdelegate reform. “This is not good news,” one person says.

For them. It's good news for the country. It's good news for the world. It's good news for the government. It's good news for the people.

[confederatecarpetbag]

Geez. Wait until these yahoos hear that RBG finally dies. Only dogs will be able to hear the keening.