Obama Can Appoint Garland to Supreme Court if Senate Fails to Act

Discussion in 'Blazers OT Forum' started by Stevenson, Apr 9, 2016.

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  1. Stevenson

    Stevenson Old School

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    Stevenson, Apr 9, 2016
    #1
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  2. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Talk about a pants shitting meltdown...
     
    SlyPokerDog, Apr 9, 2016
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  3. Stevenson

    Stevenson Old School

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    One day in law school my contracts professor looked at me and point blank asked, "What is a waiver?" I dropped my head, looked down, and lo and behold, in my written notes from the previous class was the definition, verbatim. I looked up and said "A waiver is a voluntary relinquishment of a known right." Whew!

    As a result, waivers are a legal concept I get, viscerally.

    I never thought about this before, but if the Senate fails to even give the guy a hearing, that sure does seem like a voluntary relinquishment of a known right, does it not?
     
    Stevenson, Apr 9, 2016
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  4. GriLtCheeZ

    GriLtCheeZ "Well, I'm not lookin' for trouble."

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    This'll be a fun one if it plays out that way.
     
    GriLtCheeZ, Apr 10, 2016
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  5. MARIS61

    MARIS61 Real American

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    Nice try, but no.
     
    MARIS61, Apr 10, 2016
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  6. MarAzul

    MarAzul LongShip

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    It would be another move by Obama to ignore the Constitution. Weird how this pleases so many here.
    We have no Justices "Appointed" in history.

    Such a reading of his powers would make a mockery of the Constitution. It would change the meaning to Notify the Senate, ask their advice if you want, but appoint if you will.
     
    MarAzul, Apr 10, 2016
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  7. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    That is flagrantly untrue. Eisenhower alone put 3 people on the court with recess appointments.

    barfo
     
    barfo, Apr 10, 2016
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  8. julius

    julius I wonder if there's beer on the sun Staff Member Global Moderator

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    Facts be damned
     
    julius, Apr 10, 2016
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  9. MarAzul

    MarAzul LongShip

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    Didn't the Senate confirm these appointment after they returned? Do you see this as the same thing? I don't.
     
    MarAzul, Apr 10, 2016
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  10. JFizzleRaider

    JFizzleRaider Yeast Lords Global Moderator

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    I love how lib's pat themselves on the back when they think they one up a righty.

    And the other way around too.

    So funny.
     
    JFizzleRaider, Apr 10, 2016
    #10
  11. 3RA1N1AC

    3RA1N1AC 00110110 00111001

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    if he is going to just appoint someone, he should have nominated himself
     
    3RA1N1AC, Apr 10, 2016
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  12. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    The senate must give consent. If they don't vote, they're not giving the consent. How the senate chooses to give consent is up to them, they make the rules that govern the senate (per constitution Article I, Section 5: "Each House may determine the Rules of its Proceedings").

    Period.

    Wishful thinking.

    There's no waiver involved or given, either. In fact, the senate has explicitly said they reserve their right.
     
    Last edited: Apr 10, 2016
    Denny Crane, Apr 10, 2016
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  13. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Barfo with the usual unwise position.

    http://www.law.virginia.edu/html/alumni/uvalawyer/spr11/recess.htm

    By 2000 U.S. presidents made more than 300 recess appointments and only 34 were not confirmed by the Senate. However, the constitutionality of recess appointments does not make them wise, Motz said.

    After President Dwight Eisenhower’s three recess appointments (Supreme Court Chief Justice Earl Warren, and Justices William J. Brennan and Potter Stewart), the Senate Judiciary Committee issued a report saying that recess appointment should only be made under unusual circumstances, Motz said.
     
    Denny Crane, Apr 10, 2016
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  14. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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    We'll see how this idea goes with sexual relations. You can just find a girl who can't talk and if she doesn't consent you just have to "appoint" yourself on her. Seems fair. Is trying to slap you a vote? Hmmm, kinda vague.
     
    bodyman5000 and 1, Apr 10, 2016
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  15. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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    PS, if 9/11 was just an attack on every law school in this country would anyone have even cared?
     
    bodyman5000 and 1, Apr 10, 2016
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  16. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    My name is not Eisenhower. I took no position here, I merely commented that appointments had in fact happened in the past.

    barfo
     
    barfo, Apr 10, 2016
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  17. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Those 3, yes. I believe there was one who did not get confirmed, but I'm not sure how that matters.

    Same thing? - no, not precisely. You didn't, however, state that this very same scenario had never happened before. You made the broader, and incorrect, claim that no one had been appointed before.

    barfo
     
    barfo, Apr 10, 2016
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  18. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    There are parliamentary tricks that can keep the senate in session through the election. If the republicans lose, they might look at passing Garland if they think Bernie Sanders would appoint someone even further left.

    See what I did there?
     
    Denny Crane, Apr 10, 2016
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  19. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Misspelled paramilitary?
     
    SlyPokerDog, Apr 10, 2016
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  20. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Denny Crane, Apr 10, 2016
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