Kavanaugh: Presidents can ignore laws
- Bob78164
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Kavanaugh: Presidents can ignore laws
Judge Kavanaugh has expressed the opinion that a President can ignore a law (even one that he signed) if he believes it to be unconstitutional. According to Judge Kavanaugh, the President is entitled to do that until a final court order tell him that he's wrong.
So on the one hand, Kavanaugh thinks that a President can ignore the law until a court tells him he can't. On the other hand, the courts are more and more frequently concluding that disputes about laws (particularly involving separation of powers) are "political questions" that the courts cannot address. Put the two together, and you have Kavanaugh signing off on an imperial Presidency far beyond what we've ever seen before.
The correct rule is that the President must follow the law until and unless he gets a court to agree with him that the law is unconstitutional (or invalid for some other reason). Anything else drives a stake through the heart of Congress's role.
By the way, some of this stuff comes from Kavanaugh's time as Bush's staff secretary. That's the stuff Democrats have been demanding and Republicans don't want to wait for. Apparently they think it would be unfair to judge Kavanaugh on his entire record or to take enough time to be sure that his entire record is available for public scrutiny. Needless to say, any claim by Republicans that any delay in processing Judge Kavanaugh's nomination would be unfair (and I've already seen that claim made) should be met with a two-word answer: "Merrick Garland." --Bob
So on the one hand, Kavanaugh thinks that a President can ignore the law until a court tells him he can't. On the other hand, the courts are more and more frequently concluding that disputes about laws (particularly involving separation of powers) are "political questions" that the courts cannot address. Put the two together, and you have Kavanaugh signing off on an imperial Presidency far beyond what we've ever seen before.
The correct rule is that the President must follow the law until and unless he gets a court to agree with him that the law is unconstitutional (or invalid for some other reason). Anything else drives a stake through the heart of Congress's role.
By the way, some of this stuff comes from Kavanaugh's time as Bush's staff secretary. That's the stuff Democrats have been demanding and Republicans don't want to wait for. Apparently they think it would be unfair to judge Kavanaugh on his entire record or to take enough time to be sure that his entire record is available for public scrutiny. Needless to say, any claim by Republicans that any delay in processing Judge Kavanaugh's nomination would be unfair (and I've already seen that claim made) should be met with a two-word answer: "Merrick Garland." --Bob
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson
- flockofseagulls104
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Re: Kavanaugh: Presidents can ignore laws
Gee, where was your outrage when Obama was using his phone and pen?Judge Kavanaugh has expressed the opinion that a President can ignore a law (even one that he signed) if he believes it to be unconstitutional.
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- Bob78164
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Re: Kavanaugh: Presidents can ignore laws
President Obama didn't refuse to abide by laws on the grounds that they were unconstitutional. The Justice Department refused to defend prohibitions on same-sex marriage (just as the current Justice Department is refusing to defend the Affordable Care Act against a legal attack that is utterly frivolous) and President Obama construed laws in ways the courts later disagreed with, but that's very different from what Judge Kavanaugh would permit: a President who agrees that a law requires (or forbids) some action, but refuses to follow that command because he thinks it's unconstitutional.flockofseagulls104 wrote:Gee, where was your outrage when Obama was using his phone and pen?Judge Kavanaugh has expressed the opinion that a President can ignore a law (even one that he signed) if he believes it to be unconstitutional.
It would be as though Congress passed a law requiring certain sanctions against Russia with a veto-proof majority, the law were enacted, but then the White House refused to impose the sanctions required by that law. According to Kavanaugh, that's perfectly okay until and unless someone can get all the way to a final court order saying that the law is valid. --Bob
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson
- jarnon
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Re: Kavanaugh: Presidents can ignore laws
If a law is plainly constitutional, it doesn't take long to find a judge who will order the government to obey it until the case is finally decided. OTOH, some laws really are unconstitutional. Congress ordered the State Dept. to put "Israel" on the passports of Americans born in the Israeli part of Jerusalem. The State Dept. said no, and lower courts and eventually the Supreme Court agreed.
Did Kavanaugh have this opinion as a judge, or as a lawyer for the Bush White House, when he may have been arguing for his client whether he personally agreed or not?
Did Kavanaugh have this opinion as a judge, or as a lawyer for the Bush White House, when he may have been arguing for his client whether he personally agreed or not?
Слава Україні!
עם ישראל חי
עם ישראל חי
- Bob78164
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Re: Kavanaugh: Presidents can ignore laws
Two opinions while sitting on the D.C. Circuit. --Bobjarnon wrote:If a law is plainly constitutional, it doesn't take long to find a judge who will order the government to obey it until the case is finally decided. OTOH, some laws really are unconstitutional. Congress ordered the State Dept. to put "Israel" on the passports of Americans born in the Israeli part of Jerusalem. The State Dept. said no, and lower courts and eventually the Supreme Court agreed.
Did Kavanaugh have this opinion as a judge, or as a lawyer for the Bush White House, when he may have been arguing for his client whether he personally agreed or not?
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson
- BackInTex
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Re: Kavanaugh: Presidents can ignore laws
So what you're saying is "President Obama refused to abide by laws regardless of their constitutionality".Bob78164 wrote:President Obama didn't refuse to abide by laws on the grounds that they were unconstitutional.
I agree with you.
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
- flockofseagulls104
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Re: Kavanaugh: Presidents can ignore laws
Wow, this 'Kavanaugh thinks presidents can ignore law' is all over the place in the MSM. And in pretty much exactly the same words. Must be a DEFCON-1 alert.
I guess that's gonna be the Borking point. Not a real sexy one though. I don't think it's gonna work.
I guess that's gonna be the Borking point. Not a real sexy one though. I don't think it's gonna work.
Your friendly neighborhood racist. On the waiting list to be a nazi. Designated an honorary 'snowflake'. Trolled by the very best, as well as by BJ. Always typical, unlike others.., Fulminator, Hopelessly in the tank for trump... inappropriate... Flocking himself... Probably a tucking sexist, too... A clear and present threat to The Future Of Our Democracy.. Doesn't understand anything... Made the trump apologist and enabler playoffs... Heathen bastard... Knows nothing about history... Liar.... don't know much about statistics and polling... Nothing at all about biology... Ignorant Bigot... Potential Future Pariah... Big Nerd... Spiraling, Anti-Trans Bigot.. A Lunatic AND a Bigot.. Very Ignorant of the World in General... Sounds deranged... Fake Christian... Weird... has the mind of a child... Simpleton... gullible idiot... a coward who can't face facts... insufferable and obnoxious dumbass... the usual dum dum... idolatrous donkey-person!... Mouth-breathing moron