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AG Jeff Sessions has resigned at President Trumps request, announced via twitter.

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    DehumanizedDehumanized Registered User regular
    not explicitly but they have almost no enumerated powers in the constitution; without marbury v. madison the courts are effectively useless as a check to any other branch

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    OghulkOghulk Tinychat Janitor TinychatRegistered User regular
    The Supreme Court's function of "judicial review" is not enshrined in the Constitution. It was self-made, and so in a Hamiltonian sense Whittaker is not really that far from the mark. It's a minority view, but it is a view.

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    MarathonMarathon Registered User regular
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    I believe the description is that we have three “co-equal” branches of government.

    Now, my major was biology and not English; but it sure seems to me that the judiciary was not designed to be “inferior” by the founding fathers.

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    enlightenedbumenlightenedbum Registered User regular
    spool32 wrote: »
    the new acting AG thinks we should revisit Marbury vs Madison??????

    Man where the fuck does Trump even find these people

    Federalist Society, usually.

    Self-righteousness is incompatible with coalition building.
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    KruiteKruite Registered User regular
    spool32 wrote: »
    the new acting AG thinks we should revisit Marbury vs Madison??????

    Man where the fuck does Trump even find these people

    A good question to ask is what the hell does this guy think a judge is supposed to do in the case that the law as written by congress is in direct violation of the constitution? Just shrug and kick the can back down to the lower courts or congress?

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    ViskodViskod Registered User regular
    spool32 wrote: »
    the new acting AG thinks we should revisit Marbury vs Madison??????

    Man where the fuck does Trump even find these people

    You start with the bottom of the barrel, then you cut a hole in that and reach into the pit of refuse the barrel was supposed to cover.

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    TOGSolidTOGSolid Drunk sailor Seattle, WashingtonRegistered User regular
    edited November 2018
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    No, it's definitely not. My American Gov classes made it pretty damn clear that the Judicial, Executive, and Legislative branches are all equal checks against each other. If two of them over step, then the third can tell them to chill the fuck out. That's the entire reason our government is setup this way and why any one party have a supermajority is never a good thing. It's all supposed to be equally balanced out.

    The fact that this idiot thinks the judicial branch is inferior to the other two, and that the New Deal was somehow a bad thing pretty much screams that he's a moronic scumbag.

    TOGSolid on
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    JavenJaven Registered User regular
    If its the AG chief of staff, I imagine dear Beaurigard is responsible for that one.

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    SyphonBlueSyphonBlue The studying beaver That beaver sure loves studying!Registered User regular
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    There is no "inferior" branch. That's the whole point of "balance of power" or "equal branches".

    FFS it's called balance of power.

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    IlpalaIlpala Just this guy, y'know TexasRegistered User regular
    Hey toss this in the "Holy SHIT this guy should not have any oversight into the Mueller probe" evidence pile. Courtesy of Ned Price, former CIA intelligence officer.

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    ArchArch Neat-o, mosquito! Registered User regular
    I mean, I thought that was true but A. I'm a bug doctor not a law doctor and B. I'm very tired and C. I also honestly can't believe how comprehensively stupid the things posted by our new AG(?) have been

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    PolaritiePolaritie Sleepy Registered User regular
    Oghulk wrote: »
    The Supreme Court's function of "judicial review" is not enshrined in the Constitution. It was self-made, and so in a Hamiltonian sense Whittaker is not really that far from the mark. It's a minority view, but it is a view.

    "What happens if these laws conflict" was, by my understanding, well understood to be the job of judges at the time, and so is covered by literally the first sentence of article III stating SCOTUS holds supreme judicial power.

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    OremLKOremLK Registered User regular
    If Whitaker was forced to recuse now that would be exactly the kind of half-baked failed plan I've come to expect from this administration.

    My zombie survival life simulator They Don't Sleep is out now on Steam if you want to check it out.
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    ElldrenElldren Is a woman dammit ceterum censeoRegistered User regular
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    no

    it's a highly radical interpretation of the constitution

    fuck gendered marketing
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    TOGSolidTOGSolid Drunk sailor Seattle, WashingtonRegistered User regular
    edited November 2018
    Elldren wrote: »
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    no

    it's a highly radical interpretation of the constitution

    A highly radical interpretation would be that the 2nd amendment should allow us to store nukes in the basement. This seems more like he's never even read the fucking thing,

    TOGSolid on
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    DisrupterDisrupter Registered User regular
    OremLK wrote: »
    If Whitaker was forced to recuse now that would be exactly the kind of half-baked failed plan I've come to expect from this administration.

    Let’s not get optimistic. This is the shit we’ve been bracing for. Until we find out otherwise we need to be preparing to fight this

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    Dongs GaloreDongs Galore Registered User regular
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    He's not wrong in that that the Constitution does not really give SCOTUS the huge authority it wields now. Judicial Review is a power Marshall basically gave himself in the Marbury decision (ironically, by striking down a law expanding the courts' powers).
    However, relitigating Marbury would basically pull the rug from under 200 years of constitutional law, so it's difficult to imagine anyone doing it.

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    WinkyWinky rRegistered User regular
    edited November 2018
    I would start making arrangements to be ready to protest tomorrow if the call goes out.

    Should've held on to more PTO...

    Winky on
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    Jealous DevaJealous Deva Registered User regular
    Elldren wrote: »
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    no

    it's a highly radical interpretation of the constitution

    More like deconstitutionalization.

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    ElendilElendil Registered User regular
    edited November 2018
    yeah they're doing this the day after the election and a month after shoving their stooge onto the supreme court

    they've had this planned out for a while

    Elendil on
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    spool32spool32 Contrary Library Registered User regular
    Oghulk wrote: »
    The Supreme Court's function of "judicial review" is not enshrined in the Constitution. It was self-made, and so in a Hamiltonian sense Whittaker is not really that far from the mark. It's a minority view, but it is a view.

    it wasn't "self-made" so much as utterly obvious and so broadly and universally assumed to be true based on English Common Law that Marbury vs Madison was only necessary when people saw a technically correct loophole and tried to exploit it...

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    fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    He's not wrong in that that the Constitution does not really give SCOTUS the huge authority it wields now. Judicial Review is a power Marshall basically gave himself in the Marbury decision (ironically, by striking down a law expanding the courts' powers).
    However, relitigating Marbury would basically pull the rug from under 200 years of constitutional law, so it's difficult to imagine anyone doing it.

    not taking a dig at you at all, just chuckling at myself when reading the bolded part.

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    rahkeesh2000rahkeesh2000 Registered User regular
    edited November 2018
    Rod Rosenstein was appointed to his current position by Trump soooo....

    The whole logic behind Sessions' recusal was that he was a big part of the Trump campaign, which is itself a major target of Mueller.

    rahkeesh2000 on
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    ElldrenElldren Is a woman dammit ceterum censeoRegistered User regular
    Rod Rosenstein was appointed to his current position by Trump soooo....

    The whole logic behind Sessions' recusal was that he was a big part of the Trump campaign.

    no, it was very specifically because he lied about meeting with the russian ambassador when he was being confirmed

    fuck gendered marketing
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    WinkyWinky rRegistered User regular
    TOGSolid wrote: »
    Elldren wrote: »
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    no

    it's a highly radical interpretation of the constitution

    A highly radical interpretation would be that the 2nd amendment should allow us to store nukes in the basement. This seems more like he's never even read the fucking thing,

    "Haha silly me, I've been holding it upside down the whole time!"

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    Styrofoam SammichStyrofoam Sammich WANT. normal (not weird)Registered User regular
    This is the second post election news cycle.

    Im so tired all the time.

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    nexuscrawlernexuscrawler Registered User regular
    spool32 wrote: »
    Oghulk wrote: »
    The Supreme Court's function of "judicial review" is not enshrined in the Constitution. It was self-made, and so in a Hamiltonian sense Whittaker is not really that far from the mark. It's a minority view, but it is a view.

    it wasn't "self-made" so much as utterly obvious and so broadly and universally assumed to be true based on English Common Law that Marbury vs Madison was only necessary when people saw a technically correct loophole and tried to exploit it...

    The constitution is really vague on so many things because ti assumes everyone reading it has a encyclopedic knowledge of Common Law

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    MolotovCockatooMolotovCockatoo Registered User regular


    NBC reporter.

    Whitaker's conflicts of interest piling up. This is obscene. Please tell me there's rumblings of protest tomorrow.

    Killjoy wrote: »
    No jeez Orik why do you assume the worst about people?

    Because he moderates an internet forum

    http://lexiconmegatherium.tumblr.com/
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    rhylithrhylith Death Rabbits HoustonRegistered User regular
    edited November 2018
    Edit: I am slow

    rhylith on
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    PantsBPantsB Fake Thomas Jefferson Registered User regular
    So It Goes wrote: »
    If the Dem house hires him, they set the scope

    To do what? A House committee investigator can't convene grand juries unless I am mistaken. And they don't need him to hold hearings. They could charge people with perjury before a committee I guess...

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    JavenJaven Registered User regular
    rhylith wrote: »
    We’ve got direct ties to the investigation now.

    In 2014, Whitaker was campaign manager for Sam Clovis’s run for treasurer in Iowa. Clovis has been a witness cooperating with the Mueller team.



    Ken Dilanian is with nbc news.

    I need a lawyer to tell me whether something like this would normally be grounds for recusal or just 'lawyering is a small world; this stuff happens'

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    WinkyWinky rRegistered User regular


    NBC reporter.

    Whitaker's conflicts of interest piling up. This is obscene. Please tell me there's rumblings of protest tomorrow.

    Yes, I'm actively rumbling. From the looks of /r/politics' megathread I'm not the only one.

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    DisrupterDisrupter Registered User regular
    I’m rumbling on the social media’s

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    SeñorAmorSeñorAmor !!! Registered User regular
    OremLK wrote: »
    If Whitaker was forced to recuse now that would be exactly the kind of half-baked failed plan I've come to expect from this administration.

    Isn't recusal voluntary? Can you force someone to recuse themselves?

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    WinkyWinky rRegistered User regular
    edited November 2018
    There’s an update on the rapid response protest website: https://www.trumpisnotabovethelaw.org/event/mueller-firing-rapid-response/search/
    BREAKING: Jeff Sessions has resigned as attorney general. Matthew Whittaker has been named as Acting Attorney General. Whittaker has publicly described how he would strangle the investigation. The Nobody Is Above the Law network demands that Whittaker immediately commit not to assume supervision of the investigation. Our hundreds of response events are not being launched yet, but will be triggered if this demand is not met, or another red line is crossed. We will update this pague as the situation develops.

    Winky on
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    Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    TOGSolid wrote: »
    Arch wrote: »
    The.....courts aren't supposed to be the "inferior" branch of government...are they?

    That doesn't seem right but also I technically never took civics

    No, it's definitely not. My American Gov classes made it pretty damn clear that the Judicial, Executive, and Legislative branches are all equal checks against each other. If two of them over step, then the third can tell them to chill the fuck out. That's the entire reason our government is setup this way and why any one party have a supermajority is never a good thing. It's all supposed to be equally balanced out.

    The fact that this idiot thinks the judicial branch is inferior to the other two, and that the New Deal was somehow a bad thing pretty much screams that he's a moronic scumbag.

    this is a nice sentiment but it's basically retroactive justification; the framers pretty clearly intended the legislature to be the superior branch (and the judiciary barely to be a branch at all)

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    Drake ChambersDrake Chambers Lay out my formal shorts. Registered User regular
    SeñorAmor wrote: »
    OremLK wrote: »
    If Whitaker was forced to recuse now that would be exactly the kind of half-baked failed plan I've come to expect from this administration.

    Isn't recusal voluntary? Can you force someone to recuse themselves?

    No, it can't be literally forced. I think the closest you would see is Whitaker caving to overwhelming pressure from Congress and/or DOJ ethics officials.

    The hilarious outcome, per OremLK's "half-baked" comment above, would be if Whitaker immediately says, "Of course I'm recusing myself, it's only appropriate."

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    DisrupterDisrupter Registered User regular
    How long are they giving him to
    Recuse himself?

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    CouscousCouscous Registered User regular
    Like 10 of the 12 or 13 Framers asked about judicial review by the SCOTUS at the time said the SCOTUS had that authority.

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    Styrofoam SammichStyrofoam Sammich WANT. normal (not weird)Registered User regular
    Dunno how scotus could really do its job without judicial review.

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This discussion has been closed.