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Before voting on Roberts, insist on second nominee
Houston Chronicle ^ | September 8, 2005 | JAMES E. COLEMAN JR. and ERWIN CHEMERINSKY

Posted on 09/08/2005 1:52:07 AM PDT by Cincinatus' Wife

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The left is sounding more shrill than usual.

It is the president's place to mold the court.

I'm sure these same law professors twist the meaning of separation of church and state.

1 posted on 09/08/2005 1:52:08 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

This sort of little girl happy crap is the reason I no longer spend good money to buy the Houston Chronicle


2 posted on 09/08/2005 1:56:01 AM PDT by Armigerous ( Non permitte illegitimi te carborundum- "Don't let the bastards grind you down")
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To: Armigerous

It's good to know how the opposition thinks.


3 posted on 09/08/2005 1:59:24 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
the Democrats must do all that they can to insist that the remaining nominee be more moderate.

"Forget elections, forget the Constitution, just let us have our way" said the Democrats.

4 posted on 09/08/2005 2:04:51 AM PDT by Flyer (We old men have buried a lot of dogs. We carry the memories everyday.)
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To: Cincinatus' Wife

Since diversity is the most important thing in the world Bush should nominate Janice Rogers Brown.

Or Michael Luttig...


5 posted on 09/08/2005 2:05:03 AM PDT by RWR8189 ( Extremism in defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: Cincinatus' Wife

"Democrats need to make clear that since President Bush has already picked a conservative in Roberts for one vacancy, the other selection needs to be a more moderate Republican in the mold of O'Connor."

Republicans need to make clear that since President Bush won two national elections he can pick whomever he pleases.


6 posted on 09/08/2005 2:06:09 AM PDT by Ramcat (Thank You American Veterans)
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To: Cincinatus' Wife
Here's the opening gun in the lib-Dem counterattack on President Bush over his one at a time strategy for Supreme Court nominees. Nothing in the Constitution requires a President to present the Senate with any "package deals."

I apologize to all and sundry that these two law professors who (perhaps deliberately) do not understand constitutional law, are from my state. There are some folks here including some laymen, who understand the Constitution better than these two shills for the Democrats.

Congressman Billybob

Latest column: "The Constitution is Finished: Not the US One, the Atlanta One"

7 posted on 09/08/2005 2:09:15 AM PDT by Congressman Billybob (Mayor Nagin is personally responsible for 6 times the American deaths as the Iraq War.)
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To: Cincinatus' Wife

Pick the youngest and most conservative and smartest strict constitutionalist he can find. So that person stays on long after Justice Stevens and Ginsberg are taking dirt naps.


8 posted on 09/08/2005 2:09:22 AM PDT by Joe Boucher (an enemy of islam)
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To: Cincinatus' Wife

So by their logic, no Supreme Court justice who disagreed with the Dred Scott decision should have been confirmed since 1857.


9 posted on 09/08/2005 2:13:27 AM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: Cincinatus' Wife

Interesting that these law professors at Duke University in Durham, North Carolina, publish their liberal opinion in a Texas newspaper. Their lawyerer opinion is not sanctioned in the Constitution that I, a non-lawyer, have read and understand.


10 posted on 09/08/2005 2:15:22 AM PDT by Carolinamom (Life is a journey, not a destination.)
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To: Cincinatus' Wife
Also, Democrats need to make clear that since President Bush has already picked a conservative in Roberts for one vacancy, the other selection needs to be a more moderate Republican in the mold of O'Connor.

Democrats, and these law professors should read Federalist No. 66:

It will be the office of the President to NOMINATE, and, with the advice and consent of the Senate, to APPOINT. There will, of course, be no exertion of CHOICE on the part of the Senate. They may defeat one choice of the Executive, and oblige him to make another; but they cannot themselves CHOOSE, they can only ratify or reject the choice of the President. They might even entertain a preference to some other person, at the very moment they were assenting to the one proposed, because there might be no positive ground of opposition to him; and they could not be sure, if they withheld their assent, that the subsequent nomination would fall upon their own favorite, or upon any other person in their estimation more meritorious than the one rejected. Thus it could hardly happen, that the majority of the Senate would feel any other complacency towards the object of an appointment than such as the appearances of merit might inspire, and the proofs of the want of it destroy.

 

11 posted on 09/08/2005 2:18:01 AM PDT by RWR8189 ( Extremism in defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: Cincinatus' Wife

Very odd.

Under the Constitution, the Senate, not just a minority party, has no right to "insist" on anything this way.

Being a minority party, the Democrats have no power to insist on this, even if they had the right.


12 posted on 09/08/2005 2:21:58 AM PDT by Restorer (Liberalism: the auto-immune disease of democracies.)
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To: Congressman Billybob
I apologize to all and sundry that these two law professors who (perhaps deliberately) do not understand constitutional law, are from my state.

It's no reflection on your state.

I think we all know these two professors understand Constitutional Law quite well; they just don't like it.

13 posted on 09/08/2005 2:22:30 AM PDT by papertyger
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To: Congressman Billybob
Nothing in the Constitution requires a President to present the Senate with any "package deals."

I just looked it up in my liberal Constitution and found the package deal clause in the penumbra - right next to the privacy clause and fairly near the discussion of trimesters.

14 posted on 09/08/2005 2:25:12 AM PDT by BruceS
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To: Cincinatus' Wife

The American people have spoken! When our citizenry voted him into office they entrusted President Bush (not Kerry, not Dean, not anyone else) with the decision of who gets nominated.


15 posted on 09/08/2005 2:27:14 AM PDT by dolphin558
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To: Cincinatus' Wife

True enough but I'll be damned if I'm going to pay for it


16 posted on 09/08/2005 2:37:54 AM PDT by Armigerous ( Non permitte illegitimi te carborundum- "Don't let the bastards grind you down")
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To: papertyger
I think we all know these two professors understand Constitutional Law quite well; they just don't like it.

Oh, I'm sure they like it all right if/when it's a democrat president appointing a liberal. A-holes.

17 posted on 09/08/2005 2:57:04 AM PDT by gop_gene
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To: Cincinatus' Wife
John Roberts is unquestionably more conservative than Sandra Day O'Connor.

I don't think so. Roberts does not believe in the "Lost Constitution" doctrine (Scalia and Thomas). Instead, he says, "I don't have an overarching, uniform philosophy.", which means that he will respect the Congress as well as a lot of precedents. In short, he will not help the other conservative members of the Supreme Court, to reject "affirmative action" and abortion. On many issues (apart from business ones), he will agree with Kennedy. Which is not very conservative...

18 posted on 09/08/2005 2:58:08 AM PDT by alessandrofiaschi (Is Roberts really a conservative?)
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To: Cincinatus' Wife
Democrats must insist that the Senate not vote on John Roberts' confirmation to be chief justice until after Sandra Day O'Connor's successor is also named. The Senate needs to evaluate both picks together in assessing their impact on the Supreme Court, now and for years to come.

And after the demonrats have insisted on this... they will insist that the President provide them with his "potential nominees" to replace each existing SCOTUS justice should they die or quit their position!

It is about time to post the whining baby symbol of the Demonrats yet again!

19 posted on 09/08/2005 3:01:35 AM PDT by ExSES (the "bottom-line")
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To: alessandrofiaschi; Cincinatus' Wife

allow me to reiterate what C's Wife said, Roberts is unquestionably more conservative than O'connor. that is a given. Upon what do you base your understanding of Roberts' judicial philosophy, ALessandro?


20 posted on 09/08/2005 3:04:56 AM PDT by xsmommy
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