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    Sam the Sheepdog LA Ute's Avatar
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    Political/Cultural Chit-Chat

    Quote Originally Posted by Irving Washington View Post
    So in Article II, Section 2, the term "shall" applies to the President, but not the Senate? "By and with" does not require the Senate to act but precludes the President from appointing with no action? What would the current Originalists on the Court do with that interpretation? How would the Marbury v Madison Court rule on that interpretation?
    If the tables had been turned I would have been angry too. Depends on which political side you’re on, because it was an exercise of political power. Even Glenn Kessler, the WaPo fact checker, sees history and precedent slightly favoring the GOP on this one:

    Does the Senate have a constitutional responsibility to consider a Supreme Court nomination?

    https://www.washingtonpost.com/news/...=.9efb187685f3

    As I’ve said before, I think the SCOTUS has become far too important.
    Last edited by LA Ute; 09-09-2018 at 04:59 PM.

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