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onenote

(46,093 posts)
22. You are simply wrong.
Mon Nov 18, 2019, 01:12 PM
Nov 2019

And the House lawyers arguing this case wisely aren't making that argument.

Go read US v. Nixon, 418 US 683 (1974).

"In the performance of assigned constitutional duties, each branch of the Government must initially interpret the Constitution, and the interpretation of its powers by any branch is due great respect from the others. The President's counsel, as we have noted, reads the Constitution as providing an absolute privilege of confidentiality for all Presidential communications. Many decisions of this Court, however, have unequivocally reaffirmed the holding of Marbury v. Madison, 1 Cranch 137 (1803), that "t is emphatically the province and duty of the judicial department to say what the law is....We therefore reaffirm that it is the province and duty of this Court "to say what the law is" with respect to the claim of privilege presented in this case. Marbury v. Madison, supra at 177."

And Baker v. Carr, 369 US 186 (1962):

"Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution."

And Powell v. McCormack, 395 US 486 (1969):

Our system of government "requires that federal courts on occasion interpret the Constitution in a manner at variance with the construction given the document by another branch."




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99% sure SC will not take it up, beachbumbob Nov 2019 #1
If they take it up Miguelito Loveless Nov 2019 #5
I'm almost equally certain they will grant cert. onenote Nov 2019 #10
99% sure SCROTUS will act to protect Trump. lagomorph777 Nov 2019 #11
Roberts still is the 5th vote. beachbumbob Nov 2019 #31
Yeah that's pretty depressing too. lagomorph777 Nov 2019 #32
Not really. Roberts has a sense of legacy, history and precedence. beachbumbob Nov 2019 #33
What's Trump's Latest Excuse For Not Releasing?....... global1 Nov 2019 #2
Translation? KPN Nov 2019 #3
The House is "allowing" input from SCOTUS, but SCOTUS doesn't get the last word. The ancianita Nov 2019 #4
That simply is not true. onenote Nov 2019 #6
Not necessarily in this particular impeachment context. ancianita Nov 2019 #13
Yes, necessarily. onenote Nov 2019 #14
The USSC would be encroaching on the House's oversight duty, as described in the Constitution, Eyeball_Kid Nov 2019 #17
They just did something: Polybius Nov 2019 #21
You are simply wrong. onenote Nov 2019 #22
First, they're deciding whether or not to even hear the appeal, which is for immunity from ancianita Nov 2019 #23
This just in: Polybius Nov 2019 #20
Welp, that right there tells you the political bias of the Republican Five on the USSC. A disgusting ancianita Nov 2019 #24
No, it does not. herding cats Nov 2019 #25
Okay. I understand now. Thanks. ancianita Nov 2019 #27
I just didn't want you to worry unnecessarily. herding cats Nov 2019 #30
It does nothing of the sort onenote Nov 2019 #26
Okay, thanks for clearing that up. I'll shut up until the next decision. ancianita Nov 2019 #29
What is there to weigh? The House is doing its job as a check on the power of the President as laid cstanleytech Nov 2019 #7
Here is a link to the letter onenote Nov 2019 #8
Thanks. NT mahatmakanejeeves Nov 2019 #9
This thread might help explain the process: mahatmakanejeeves Nov 2019 #12
Links to Robert Barnes, of the Washington Post; and to SCOTUSblog's Twitter accounts: mahatmakanejeeves Nov 2019 #15
If the Supremes side with tRump on this one, Bayard Nov 2019 #16
10 days. Hmm, that would make a lovely Thanksgiving gift. mpcamb Nov 2019 #18
Dems are palying 3D chess bluescribbler Nov 2019 #19
I'm not worried...we'll get them... VarryOn Nov 2019 #28
For this thread Gothmog Nov 2019 #34
Thanks. NT mahatmakanejeeves Nov 2019 #35
Question here bluestarone Nov 2019 #36
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