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 Post subject: Re: What's up with the Senate ?
PostPosted: Wed Aug 14, 2019 8:13 am 
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To achieve a court packing law you would need both houses, 60 votes in the Senate and a willing President because the Senate would fight like Hell. Then, you would need a Senate majority going forward to approve the appointments and you would need to hold the Presidency. After a few years you would have to hold court at Madison Square Garden..or maybe Redskins stadium

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 Post subject: Re: What's up with the Senate ?
PostPosted: Wed Aug 14, 2019 8:32 am 
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Quote:
... 60 votes in the Senate ...
The senate has shown several times ... and for both parties ... a willingness to use a majority vote ... to relax the 60 vote requirement to a majority vote ... for specific purposes ... so I assume they would do so in this case ... if needed.

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 Post subject: Re: What's up with the Senate ?
PostPosted: Wed Aug 14, 2019 8:47 am 
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jwilkerson wrote:
Well, to me it is interesting that a fairly simple path to blowing up SCOTUS does exist. And it is similar in structure to the path the Brits used to blow up with House of Lords. Add enough like thinking members to the body to be able to get them to vote your way. Now in the event, the Lord's believed the threat to be credible and decided to blow themselves up. But SCOTUS can't do that. Congress can. And it doesn't take a Constitutional amendment. A simple majority vote could add as many members as desired. But then you also need a like thinking resident to appoint like thinking justices. So, given a majority in both houses and a like thinking resident, the deed can be done. And while that would only temporarily push the court over to one side, the damage will have been done. The idea that it is ok for congress to reset the court to their way of thinking, would be set in precedent. Then every time either party has the pre-requisites in place, they add more justices ASAP to get the court set for their agenda. The idea of an independent SCOTUS would be dead.

Already de muc rats have shown the idea that external parties can threaten a court with action against that court, in order to get that court to decide cases in line with the thinking of the threateners has been demonstrated. The filing of the brief is not a comment in a back alley, off the record ... or even one person speaking on tee vee ... it is a legal document ... making a threat against the court if the court does not decide in a manner the brief writers think proper. Goes against the whole idea of the purpose of a judge. Unacceptable. Yet, the glove has been removed and the step taken.

In the past, either "side" had an equal chance in the game of appointing justices. Sometimes you got lucky and got more ... sometimes not ... but it was an equal chance and there are a chance you could not change the balance. With the new ... "let's add however many it takes now" ... idea ... there is no downside ... it just happens ... well no downside unless the people object.


What? What is this supposed " fairly simple path to blowing up SCOTUS?"

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 Post subject: Re: What's up with the Senate ?
PostPosted: Wed Aug 14, 2019 8:49 am 
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Quote:
... What is this supposed " fairly simple path to blowing up SCOTUS ...


haha .. the description of the path is contained in the words within your post ... within the quoted part !!

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 Post subject: Re: What's up with the Senate ?
PostPosted: Wed Aug 14, 2019 10:01 am 
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jwilkerson wrote:
Quote:
... What is this supposed " fairly simple path to blowing up SCOTUS ...


haha .. the description of the path is contained in the words within your post ... within the quoted part !!


Well what are the actual lines in the Constitution which make this possible?

A unanimous Congress could vote to impeach the President and that has a basis in the Constitution, eh? I mean it is SPECIFICALLY described, the process for how to do it. Meaning: if you want to do it: here is how you do it. It was designed that way on purpose, checks and balances and all that.

I'm not familiar with the nature of the oversight the Congress + Exec are specified to have over the size of SCOTUS in the actual rule book. So I don't know if this "potential" power reflects a check/balance mechanism which was intended by the founders or more like a "loophole" that has not yet been cinched up?

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 Post subject: Re: What's up with the Senate ?
PostPosted: Wed Aug 14, 2019 5:49 pm 
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Go linseed grey ham go go go !!! whoever you are !!! :D I am glad at least one senator wants to defend the Constitution !!

Quote:
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., blasted his Democratic colleagues on Wednesday for sending a stern and unusual warning to the Supreme Court earlier this week in connection with a gun case.

Judiciary Committee members Sheldon Whitehouse, D-R.I., Richard Blumenthal, D-Conn., Mazie Hirono, D-Hawaii, and Richard Durbin, D-Ill., along with Sen. Kirsten Gillibrand, D-N.Y., wrote in a brief filed Monday that the "Supreme Court is not well.” They suggested the court “heal itself” or face public pressure to be “restructured.”

Graham said this was a clear reference to expanding the number of justices on the court to make it more liberal.

“When you hear Democrats talking about expanding the Supreme Court….....they are talking about making the Court more liberal,” Graham said in a Wednesday tweet that linked to a Fox News article about the brief. “This has been a Dream of the Left for decades. I will do everything in my power to ensure that dream is NEVER fulfilled!”



the SCOTUS should be neither muc rat or gopper ... the supreme court should be a bunch of judges with the best qualifications for the job. And both the resident and the congress scaliwags are sworn to protect the Constitution .. not destroy it ...

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 Post subject: Re: What's up with the Senate ?
PostPosted: Thu Aug 15, 2019 11:39 am 
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Quote:
... Well what are the actual lines in the Constitution which make this possible? ...


Are you not a scholar ? :)

I will demonstrate the process ... :D
==

Art I (legislative), sec 8, para 18 gives congress general legislative powers ...

Art III (judicial) no where specifies the number of justices that will comprise the court.

==
The judicial act (passed by congress) in 1789 specified six justices.

In the 19C Congress changed the number of justices on the court several times ... in 1869 the number was set to 9 where it remains today.

So the precedent that the Constitution gives the congress the power to set the number of justices is clearly established and has never been challenged.

That said, sitting in your capitol and voting on changing the number ... is a different action from sending official legal documents to the court ... threatening them with action if they do not vote the way you desire ... two very different behaviors in my book. And I would suspect every member of the court is furious with the overt attempt at judicial interference on the part of those senators. Whether they keep their public mouths shut about it or not.

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 Post subject: Re: What's up with the Senate ?
PostPosted: Thu Aug 15, 2019 12:17 pm 
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jwilkerson wrote:
Quote:
... Well what are the actual lines in the Constitution which make this possible? ...


Are you not a scholar ? :)

I will demonstrate the process ... :D
==

Art I (legislative), sec 8, para 18 gives congress general legislative powers ...

Art III (judicial) no where specifies the number of justices that will comprise the court.

==
The judicial act (passed by congress) in 1789 specified six justices.

In the 19C Congress changed the number of justices on the court several times ... in 1869 the number was set to 9 where it remains today.

So the precedent that the Constitution gives the congress the power to set the number of justices is clearly established and has never been challenged.

That said, sitting in your capitol and voting on changing the number ... is a different action from sending official legal documents to the court ... threatening them with action if they do not vote the way you desire ... two very different behaviors in my book. And I would suspect every member of the court is furious with the overt attempt at judicial interference on the part of those senators. Whether they keep their public mouths shut about it or not.


Interesting. I was vaguely aware of this but it isn't something I've lost sleep over ;)

I figure: as long as there IS a SCOTUS and it is AT LEAST 6 judges, AND its purview over the society reflect that which was intended at the outset of the country the number itself is, over the long term, relatively moot with respect to partisanism. Now obviously, in the short term, it could sway the court in one direction or another for many years. But honestly: who cares? They are NOT going to be able to "take our guns" (you know that as well as I do), and they are NOT going to be able to pull off an actual coup. The cops and military will never go along with it, well . . . at least not in large fractions.

Are the New Totalitarian Tribalists loathsome? Despicable? Excoriable? Detestable? Scarcely worthy of the rights and privileges of American citizenship? Worthy of hearty criticism, rebuke and public shaming!? YES! to all.

Are they a "serious" threat to the country? Don't think so.

Hildabeast was the high tide mark for the NTT Revolution; there is no fucking way ~63+ million voters are gonna roll over at this point, and my guess is that ~63 is now tipping up around 70+ millions! :)

A wounded animal always fights most fiercely just before it dies, right!?

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 Post subject: Re: What's up with the Senate ?
PostPosted: Thu Aug 15, 2019 12:29 pm 
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You don't think the muc rats threatening the court if the court doesn't vote there way is much of an issue ? You don't think the Senate trying to interfere in the judicial decision making process of the court is an issue ? Arguably it is treason.

==

You don't have an issue with the muc rats adding another 9 members of the likes of hussein and hildabest and mewlyer and his cronies ... so ensure the court will vote their way ?? Technically they could do that. And technically they could do it over and over again.

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 Post subject: Re: What's up with the Senate ?
PostPosted: Thu Aug 15, 2019 12:46 pm 
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jwilkerson wrote:
You don't think the muc rats threatening the court if the court doesn't vote there way is much of an issue ? You don't think the Senate trying to interfere in the judicial decision making process of the court is an issue ? Arguably it is treason.

==

You don't have an issue with the muc rats adding another 9 members of the likes of hussein and hildabest and mewlyer and his cronies ... so ensure the court will vote their way ?? Technically they could do that. And technically they could do it over and over again.



That is (theoretically) possible.

When I read a blog post the other day speculating that the day may come when SCOTUS has to meet at Robert F. Kennedy Memorial Stadium, they were clearly alluding to the Dems threat of packing the court.

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