How will the Supreme Court rule on executive privledge, and what will Congress do

[still_one]

if the Supreme Court rules for the administration?

[Beelzebud]

1. Issue a letter of stern disagreement.

[still_one]

5. The republicans should be worried about this one also, because of the power

it gives to the executive branch

The republicans won't hold on to power forever, like say 2008

[babylonsister]

2. Rob Kall asked that same question; it could get downright scary:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1277720&mesg_id=1277720

[still_one]

9. fascinating article, thanks

It does present some scary, but perhaps inevitable actions

Personally, I think the administration will back down, because they still can't be sure how Kennedy will rule. I also think they ARE concerned that Congress WILL move impeachment to the front burner, and that will cause them to pause

[NewJeffCT]

3. I'd be surprised if the Court ruled for Congress

They have a solid block of four that are extremely strong partisans - Alito, Scalia, Thomas and Roberts.

That means, they only have to get one of the remaining five to agree with them.

No idea what other options Congress would have.

[AllegroRondo]

8. Impeachment is possible for Justices also

not that this congress would do that.

[sharp_stick]

10. The only one they could get to vote with them

at least as far as I can guess would be Kennedy, the others would likely vote against the asshats. And I personally don't think they have Kennedy locked up by a long shot on this. It hasn't come up before AFAIK so I have no idea what the decision would be based on.

My guess as to what will happen is the same thing that's happened every time this has come up before. They will negotiate a settlement, there is way too much at stake for both the executive and legislative branch to risk this on a court case.

As for options if congress lost, not many as far as I can tell. They could write a law or two. But I think we'll be well rid of shrub and assholes before anything comes close to the Supreme Court.

[still_one]

12. but can they count on Kennedy? I am not so sure /nt

[Bitwit1234]

15. I truly believe that Judge Kennedy

in this matter is honest and will vote for America. One thing the republicans are overlooking. When the presidency goes to a democrat they will invoke the same powers that bush stole. The senate will also gain more democratic seats and that will help. I am sure that the democrats will not hold back any more. Once they have the presidency, house and senate AND THE AG in their court, the republicans will run for cover.

ONE THING I HAVE TO SAY PAY BACK IS HELL. And I think the new president and senate will take off the gloves. The can also pass laws that will effect the neutrally of the press.

[still_one]

16. My thoughts are on the same line as yours, at least I hope so /nt

[NewJeffCT]

19. However, if a Democrat wins the White House in 2008

if we win, I should say... I can almost guarantee that any Republican anywhere around the country that gets investigated will start screaming to the high heavens about how the investigation is "partisan revenge" - even if its the local dogcatcher. And, they'll be able to get on Limbaugh, Fox News, CNN, etc and make their charges... even if they're caught red-handed on video by a dozen Republican witnesses.

That is how badly Team Bush has poisoned the justice system here in America.

I think it will take at least a generation to fix.

[Clovis Sangrail]

4. call for an "investigtation"?

x(

[Mist]

6. Toss it back to Congress? (what they do when they don't want to rule on something). nt

[Norquist Nemesis]

7. Well, if the decision gets to court after mid-Dec. '08 and a Democrat

is in the process of putting together a new administration then...I'd expect a 5-4 decision against EP. But, if it's a case of deciding while a Con is in the WH (whether it's Bush or a Con successor) then I'd expect a 5-4 decision in support of it with a written argument based on 'Unitary Executive'.

As for Congress...there's not much they can do short of putting the money where their mouths are and strategically cutting some funding.

[still_one]

14. You just hit the nail on the hand. The republicans in congress no they are losing control

they also know they may lose both houses and the executive branch in 2008

They may not be so enthusiastic about bush claiming executive privledge

[mmonk]

11. It should never be sent to a stooge court.

Impeachment is the remedy.

[frogcycle]

13. Depends whether they believe in the Constitution

http://www.c-span.org/guide/congress/glossary/exprivilege.htm

EXECUTIVE PRIVILEGE refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress.

The assertion is based on the constitutional doctrine of separation of powers, is always controversial, subject to interpretation, and often litigated.

There is no actual definition of such a privilege in the Constitution. As an overseer of the executive's execution of the laws, Congress has an obligation to make sure it is being done properly. They are not entitled to the details of internal discussions, nor necessarily who made the final call on a decision. They are entitled to know what is actually being done. And if there is indication that people not elected, nor confirmed by the Senate, are being given excess authority, or that laws are actually being violated, that should constitute 'probable cause' for more and deeper investigation than would necessarily be allowed in more benign circumstances.

So my point is, if they want to violate their oath to uphold the Constitution by being 'strict constructionist' to a fault, they can say that separation of powers makes what bushco does none of the People's business. Or, they can recognize that there is a clear and present danger to the Republic and remedies are essential, including gaining an understanding of just how far and wide the cancer has spread. They can be complicit in the demise of our form of government, or they can be heroic.

[sendero]

17. I know "everyone" here..

... thinks the court is packed with right wing hacks. And they are right.... but.

Issues like abortion are not clearly set out by the framers. The issue of which powers each branch of government actually has is more, not perfectly, but more defined.

I don't think our chances in the SCOTUS look bad at all. The powers and privileges Bush** is claiming are extraordinary, and extraordinary claims require extraordinary proofs, which the lap-dog boot-lick lawyers Bush** has for advisors are not likely to be able to muster.

[Bandit]

18. There is a criminal Cabal running our country and the Extreme Court is a part of it

It is absolutely amazing to me how few people recognize and understand this. If the Extreme Court decision of 2000 in Bush* vs Gore didn't clue people in nothing will. The only time in the entire history of the USA a Supreme Court ruling was made without establishing legal precedent.. That is the entire purpose of the Supreme Court. Establish Legal Precedent. When they have the audacity to say this case is special and unique on it's own then they lose credibility. If that were the case it would not have needed Supreme Court ruling.