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Normalizing the idea of ignoring or throwing out the Constitution

I'm not sure it would. Although it might take a constitutional crisis.

Imagine if Obama had said in March 2016 (McConnell made his statement in February right after Scalia died): my legal advisors have informed me that the Senate must do their duty, and that in the common law, silence may be read as consent after a reasonable amount of time has passed with no objection. So today I nominate Merrick Garland. If the Senate does not hold a vote on his nomination in 6 months time (or whatever normal time historically took place+some leeway), the Executive Branch will consider Judge Garland confirmed and he will take his seat on the Court in the fall term.

Then Garland shows up to the Court. What happens? At that point, I think you've forced the SCt's hand, and the ball is in their court. Given Roberts prioritization of the Court's legitimacy and public image, I'm not sure what he would do in that situation.
He wouldn't sit him because the President isn't King.
 
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He wouldn't sit him because the President isn't King.

Craze, the argument about the Senate not observing its constutional duties in a reasonable length of time thus resulting in a confirmation of the presidential nominee doesn't sound like saying the President is acting like a king to me.

Sounds more like the Senate Majority Leader is acting like a king.
 
Under the common law, silence can be interpreted as consent in certain circumstances. That's the crux of the whole hypothetical.
"The first thing we do, let's kill all the lawyers" - Bill Shakespeare

 
Nah, as Brad alluded to, that Supreme Court seat was a clear cut case of payback is a bitch.


And they invoked that nuclear option after holding up Bush judicial appointments for years. I have zero sympathy for the Democrats on that one. They changed long established norms and it blew up in their face exactly like they were warned it would.
Sometimes tough love is the only way.....
 
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I think we see the breakup of the US into northern east coast and west coast with Illinois - and maybe Minnesota - thrown in, and then the rest of the country on the other. That's the danger, IMO. If it comes to that . . . probably won't be for another 50 years or so.

I hear you about two wrongs don't make a right . . . and Trump, well . . . let's just say point well-taken. His comments weren't the only article I cited.

It appears to me that the party not controlling SCOTUS wants to have a constitutional convention, and the party controlling SCOTUS - and what the constitution says - does not. I won't go accusing you of flip-flopping, but you do say "I used to be all for that." I don't think Tyler Cowen had as much to do with that as SCOTUS flipping to a conservative bent. I could be wrong, and often am these days.
Republicans own 19 states, if we get to 35 it’s game on I’d wager. Democrats nor Republicans aren’t looking for term limits but I sure as heck am
 
Craze, the argument about the Senate not observing its constutional duties in a reasonable length of time thus resulting in a confirmation of the presidential nominee doesn't sound like saying the President is acting like a king to me.

Sounds more like the Senate Majority Leader is acting like a king.
Disagree, they didn't get the consent to bring that Justice up for a vote.

The Democrats have been really good lately about changing things up when shit doesn't go their way and then expecting that everything is just going to go back to hunky dory normal when it suits them after they bulldozed norms. Garland showing up at the Supreme Court saying "I am a judge because the President said so" isn't constitutional. He wouldn't have had the consent of the Senate so he wouldn't be let in. Roberts has made some calls I don't agree with but I don't think he would be foolish enough to set that precedent.
 
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Remember, Doc was high on a mixture of alcohol and opium due to his tuberculosis.
 
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It was illegally stacked when McConnell illegally claimed that he couldn't nominate someone during an election year. He had a legal duty to confirm a qualified candidate and he refused.

Everyone with a brain knew that was bull shit
It wasn't illegal.

Unethical, but not illegal.

McConnell and ethics are two words rarely used in a sentence in a positive light.
 
Disagree, they didn't get the consent to bring that Justice up for a vote.

The Democrats have been really good lately about changing things up when shit doesn't go their way and then expecting that everything is just going to go back to hunky dory normal when it suits them after they bulldozed norms. Garland showing up at the Supreme Court saying "I am a judge because the President said so" isn't constitutional. He wouldn't have had the consent of the Senate so he wouldn't be let in. Roberts has made some calls I don't agree with but I don't think he would be foolish enough to set that precedent.
Think of it as a corollary of the Presentment Clause. In Article I, the Framers explicitly considered what should happen if the President simply chose not to act on a bill presented to him. That is, if he didn't sign, but also didn't veto it. And they decided that, except in cases where he couldn't return it to Congress because they had adjourned, his failure to act would be treated as consent.

Now, in Article II, they did not explicitly consider what should be done if the Senate behaved in the same way. I.e., they seem to have simply assumed that the Senate would vote on any Presidential appointment, rather than try to engage in a sort of legislative pocket veto. What some have argued in this thread is the idea that, absent explicit instructions in the Article, we should look to the common law understanding of consent, and in that context, it's reasonable to cast the Senate's refusal to act as de facto consent. Furthermore, the Framers did explicitly consider what to do when the Senate couldn't act: recess appointments.

Failure of imagination, I guess, on the part of the Framers, not to figure that the Senate might one day simply refuse to do its job, but when you look at the big picture, the idea that silence qualifies as consent isn't out of left field. That said, I don't think a President should try it, and I'm glad Obama decided against it.
 
Think of it as a corollary of the Presentment Clause. In Article I, the Framers explicitly considered what should happen if the President simply chose not to act on a bill presented to him. That is, if he didn't sign, but also didn't veto it. And they decided that, except in cases where he couldn't return it to Congress because they had adjourned, his failure to act would be treated as consent.

Now, in Article II, they did not explicitly consider what should be done if the Senate behaved in the same way. I.e., they seem to have simply assumed that the Senate would vote on any Presidential appointment, rather than try to engage in a sort of legislative pocket veto. What some have argued in this thread is the idea that, absent explicit instructions in the Article, we should look to the common law understanding of consent, and in that context, it's reasonable to cast the Senate's refusal to act as de facto consent. Furthermore, the Framers did explicitly consider what to do when the Senate couldn't act: recess appointments.

Failure of imagination, I guess, on the part of the Framers, not to figure that the Senate might one day simply refuse to do its job, but when you look at the big picture, the idea that silence qualifies as consent isn't out of left field. That said, I don't think a President should try it, and I'm glad Obama decided against it.
Didn’t McConnell refuse to officially go on recess to avoid a recess appointment?
 
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