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Yo_Mama_Been_Loggin

(108,273 posts)
Mon Aug 6, 2018, 07:46 PM Aug 2018

Brett Kavanaugh: Presidents can ignore laws they think are unconstitutional

Supreme Court nominee Brett Kavanaugh in 2013 asserted that it's a "traditional exercise" of presidential power to ignore laws the White House views as unconstitutional, as he defended the controversial practice of signing statements prevalent in George W. Bush's White House.

The comments could put a renewed focus on Kavanaugh's time serving as White House staff secretary, who had a role in coordinating Bush's statements accompanying legislation he signed into law. Critics contend that the Bush White House abused the use of signing statements to ignore laws passed by Congress, though Bush and his allies said such statements were no different than the practices of other administrations.

Democrats have demanded full access to documents from Kavanaugh's tenure as staff secretary from 2003-2006 as part of his Supreme Court vetting process, citing in part his role over the Bush signing statements. But Senate Judiciary Chairman Chuck Grassley, an Iowa Republican, has rejected those demands, saying they are irrelevant to his nomination and a Democratic attempt to drag out the vetting process, which already includes hundreds of thousands of pages from other aspects of his career.

In 2013, Kavanaugh was speaking at Case Western Reserve Law School in Ohio when he was asked about signing statements, with the questioner noting that critics say that presidents can issue them to ignore provisions in laws they don't like.

https://www.msn.com/en-us/news/politics/brett-kavanaugh-presidents-can-ignore-laws-they-think-are-unconstitutional/ar-BBLAeNf?li=BBnbcA1

This guy better not be confirmed.

17 replies = new reply since forum marked as read
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Brett Kavanaugh: Presidents can ignore laws they think are unconstitutional (Original Post) Yo_Mama_Been_Loggin Aug 2018 OP
Should disqualify this person base on this opinion. beachbum bob Aug 2018 #1
Kavanaugh is a monarchist madaboutharry Aug 2018 #2
Only if the are from the right party. redstatebluegirl Aug 2018 #4
Wow, would this apply to Democratic Presidents, too? DFW Aug 2018 #3
Kavanaugh is Unfit to Be on the Supreme Court dlk Aug 2018 #5
That sums it up nicely. n/t Beartracks Aug 2018 #11
*********** lisa58 Aug 2018 #6
Constitution, Article 2, Section 3 struggle4progress Aug 2018 #7
+1 dalton99a Aug 2018 #10
They should ignore unconstitional laws - in fact have a duty to do so. PoliticAverse Aug 2018 #8
the supreme court decides if a law is unconstituional not. it is not a prez decision nt msongs Aug 2018 #13
So you think a President would be obligated to round up and exterminate people... PoliticAverse Aug 2018 #14
Hopefully the president would veto such a law. dflprincess Aug 2018 #17
No way. He is a very dangerous man. smirkymonkey Aug 2018 #9
{((((GONG!!))))} 2naSalit Aug 2018 #12
When I think about canetoad Aug 2018 #15
This isn't as wild as it sounds. Remember DOMA? Obama/Holder stopped defending it. bitterross Aug 2018 #16
 

beachbum bob

(10,437 posts)
1. Should disqualify this person base on this opinion.
Mon Aug 6, 2018, 07:48 PM
Aug 2018

The president is sworn to uphold the constitution, and not decide what parts...the democrats should shutdown the senate until after midterm elections.

DFW

(54,447 posts)
3. Wow, would this apply to Democratic Presidents, too?
Mon Aug 6, 2018, 07:51 PM
Aug 2018

Don't bother to respond to that. We already know the answer.

dlk

(11,578 posts)
5. Kavanaugh is Unfit to Be on the Supreme Court
Mon Aug 6, 2018, 07:55 PM
Aug 2018

He also appears to be unfit to be a member of the bar. Where did he get the crazy idea that a president could pick and choose which laws to uphold? This man is delusional!

PoliticAverse

(26,366 posts)
8. They should ignore unconstitional laws - in fact have a duty to do so.
Mon Aug 6, 2018, 08:05 PM
Aug 2018

Does anyone seriously think that if Congress passed a clearly unconstitutional law like, say, one
that required rounding up people of a certain ethnic background and putting them in a concentration
camp for extermination that the President would be required to enforce that law?

Congress has a way to act if the President is not enforcing a constitional law - impeachment.

So a president could be impeached for, say, not enforcing the federal laws against marijuana.

PoliticAverse

(26,366 posts)
14. So you think a President would be obligated to round up and exterminate people...
Mon Aug 6, 2018, 08:53 PM
Aug 2018

if congress passed a law requiring that, until such time the Supreme Court declared the law unconstitutional?

dflprincess

(28,086 posts)
17. Hopefully the president would veto such a law.
Mon Aug 6, 2018, 09:46 PM
Aug 2018

if Congress overrode the veto the president could direct the DOJ to try and get an injunction from a lower court to put the law on hold until the Supreme Court ruled on it's Constitutionality. (And if the president didn't you can bet the ACLU would be fighting it.)

If we had a Supreme Court that would find something that awful Constitutional I'd say the Republic was dead, all bets were off, and the Prez could do what ever s/he thought was right.

 

smirkymonkey

(63,221 posts)
9. No way. He is a very dangerous man.
Mon Aug 6, 2018, 08:18 PM
Aug 2018

The last think we need is a SCJ who will give someone like Trump even more power than he already has.

canetoad

(17,195 posts)
15. When I think about
Mon Aug 6, 2018, 08:59 PM
Aug 2018

Both Kavanaugh and Gorsuch, I wonder what kind of people, what kind of judges, would even accept a nomination from someone under as much suspicion as tRump is. The nominations are tainted from the start.

 

bitterross

(4,066 posts)
16. This isn't as wild as it sounds. Remember DOMA? Obama/Holder stopped defending it.
Mon Aug 6, 2018, 09:12 PM
Aug 2018

I haven't read all of the article yet, nor am I qualified to offer any real legal opinion.

I do remember, however, how happy many of us were when Obama and Holder stopped defending DOMA and didn't step in when state AG's wouldn't defend it.

Holder also let the enforcement of low-level drug crimes slide. Now, he did it for good reason, because those laws are blatantly racist and affect minorities disproportionately.

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