bym051d
I AM VERY IMPORTANT
- Joined
- Mar 16, 2011
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A democratically controlled senate confirmed Kennedy in Reagan's last year.
Not according to Ted Cruz.
A democratically controlled senate confirmed Kennedy in Reagan's last year.
I just want to make the Supreme Court great again. Is that too much to ask?
It'll be the first question at tonight's debate and they will say the Republicans must resist until after the election, when Hillary nominates Bill.
It's a structural implication of the Constitution that justices have to be appointed and confirmed. Otherwise either branch could unilaterally abolish the Supreme Court by just not appointing/confirming anyone and waiting for everyone to die/resign. I'm assuming you agree that would violate the Constitution? Maybe you don't, I don't know.
So if we're going to accept that premise, then there has to be a point where the delay in appointing/nominating someone becomes unconstitutional. I don't know how you draw that line other than using reasonableness, viewed in light of historical practice. Historical practice certainly seems to indicate that a vacancy of longer than one year would be orders of magnitude out of line with what has been done before.
Even if I grant that your hypo would violate the constitution, delaying for a year on Scalia's replacement would not implicate the functionality of the SCOTUS. For crying out loud, there not even anything in the constituion that says the SCOTUS has to have 9 (or even an odd number of) justices.
i mean the constitution doesn't say congress can make money so hate to break it to you all but your USD is worthless. Also, the constitution doesn't say i can't use it as toilet paper to wipe my ass, then set it on fire and flush it down a western-style toilet into a septic tank, so i guess that's actually allowed too.
Kasich let me down.
It simply is not constitutionally required that the senate vote on Obama's forthcoming nominee before January 20, 2017, and the question isn't close (nor, likely, is it justiciable, but that's beside the point). Whether it's politically wise or not, I will not offer an opinion on.