Apr. 11th, 2016

tomtac: (Default)
The Wordsmith had a good post about this possible response to the Senate's refusal to consider the new Supreme Court nominee. Here were my thoughts on the matter:

Here's the first thing,

>> "He can give them notice that if they don't act, it constitutes a waiver of their right to participate".

1990. Precedent.

Hussein invades Kuwait, and the President decides to push him out. The Constitution says the president does the Foreign Policy thing, but ...

... Bush then had to ask Congress for a Declaration of War first, as the Constitution says. Not that it had held other presidents back. But he said he was going to do it right. Oh yeah, there was a congressional election going on, the year being 1990, so he said, go ahead, campaign and get your reelections in place that first week of November ...

... Because the very next week, he said, I want Congress to take up the debate on the Declaration of War that I asked for. Bush had given the Iraqis a deadline (note, a deadline) of January 15, that is, 100 to 120 days.

They all knew how Congress acts. The major probability was that they'd say "Well, he wants to go into Kuwait, and we don't want to stand in the way of that, so actually if we do nothing, he can go ahead with it." Typical Congressional thinking.

But the pundits were saying that the President had set up this box for Congress: He had sent the request for Congress, per the Constitution, and if Congress didn't DO it, by that deadline, then ... Congress should never expect to be asked again.

(As stated above: "if they don't act, it constitutes a waiver of their right to participate". Precedent.

The second thing.

2) I've wondered a bit if the Republicans are cooking their own goose, while the President has somewhat more control. The more the GOP holds off, the worse they look by November. One 4-4 decision after another ...

What chance do they REALLY have? Their party is divided so badly that their frontrunner is someone they think they can't stand, and their more orthodox candidate is still a bit of an extremist. ...

.... So they can sit on this appointment (who was handpicked to somehow pass the GOP's "sniff test"), and then come November 9th, Obama and the Democratic President-Elect can announce their NEW appointment ... I don't know, Justice Bill Clinton?


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