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It seems the original intent of the authors of the Constitution separation of powers was to keep politics out of the judicial branch as much as possible. What Joe Biden is claiming is that he was one of the perpertators who "intellectually?" circumvented the authors intent and brought politics into the judicial process. I wouldn't call that benchmarking as much as I would call it corruption or biasing of the system. He may want to base his political reputation on it, but ethically, it will provide a lot of uncertainty with regard to his decision making process, especially if elected to the office that is next in line for the presidency.
Good article, but the author says "Prior to Robert Bork, senators evaluated candidates based on their qualifications ...."
Not quite, as FDR tried to pack the Supreme Court, and there are other examples.
However, what Biden did to Robert Bork was horribly wrong.
Thank you. When a nominee for any position in the executive branch requiring approval comes before the Senate where there is broad coverage by news media, that candidate is doomed to being trashed. One only has to know the most abrasive, loud and angry assault will beat out others to get face time for the Senator. The Senator who desires to run for President must have face time. Like selling a book or movie you need at minimum one thing that will both anger and shock so people will buy to find out more. After the purchase, you say to yourself, self where was that shock and anger. Well, it was there to sell the book or get face time. Elected in the Senate and Congress by their own rules can not be held for false statement or even outright lies leaving those seeking the face time free to use anything to get it.
A great article! Thank you for writing it. I would add that Harry Reid also likes to re write the Constitution as it suits his ideology. Joe Biden as well as Harry do not have the foggiest idea what the Constitution says about the duties and power of the Vice President. And they actually cite it. To be president of the Senate is to preside over it, to run it. This would be very threatening to Reid as he runs the Senate in violation of the Constitution. Sarah was right. again...
Another item is the election "day" that is going on in Harry Reid's Nevada. Doesn't the Constitution provide for "an election day being the same date for the country"? Now day is defined as "dayS"?
It is not surprising that those who wish to do away with the Constitution violate it when selecting judges, or select judges who are not interested in what the Constitution has to say.
Dittoman is correct:
Article II, Section 1:
"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which DAY shall be the same throughout the United States"
(Caps mine).
Biden shows us exactly why he is wrong:
"as a father ... not what the Constitution says; what do you feel?"
So today Roberts may make a decision based on how he feels as a father.
Great going Liberals. Now consider the crime.
Rape of a daughter.
Now there is pretty much only one outcome no matter the particular issue before the court.
We have to rule based on the law, not on emotions and not on ideology.
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