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On thing to keep in mind is that while Kavanaugh is a conservative, he is also a Roman Catholic. To the extent (if any) that he may be biased by his religious views he would be in agreement with "the base" on issues like abortion and, perhaps, gay marriage. On the other hand, on other issues important to the Christian Right, he may disappoint them. The death penalty, which the RC church opposes, may be an example.
The supreme court now works for Donald Trump and the republican majority, and it's newest member is ready and able to protect the president from any investigations.
The US government, already elected by minority vote via the electoral college, the gerrymandered congress, and senators from the minority population states are now taking control of the courts by nearly party line vote.
In terms of being a "representative" democracy the government is practically illegitimate.
Did the government work for the people when the democrats had a majority? It wasn't all that long ago when that was the case.
Did the government work for the people when the democrats had a majority? It wasn't all that long ago when that was the case.
...pay attention to his upcoming vote in Gamble v. United States, which the President could then use to pardon his cronies... even the ones facing trial in state courts -- which so far, has been out or the President's reach.
To wit: Gamble v. United States questions the "separate sovereignty" exception to double jeopardy -- that a man can be tried for the same crime twice, on the state and the federal level.
Gamble v. United States - Wikipedia
Think about it: If Gamble is decided favorably to Donald, he could, in theory, have his DoJ exert federal jurisdiction over a concurrent state crime, issue a quick pardon to the offender on the federal crime, which would render them immune to prosecution on the state level. They get off scot-free.
Keeping in mind that some of Donald's cronies are currently awaiting trial in state courts, all he'd need is a swing vote on SCOTUS to interfere with state legal processes to get his people off... and you just gave him that swing vote.
Remember when conservatives were all about States' rights?
I'd be willing to entertain a compromise -- eliminate "separate sovereignty" in attach double jeopardy for cases that end in convictions or acquittals... but not for mistrials or pardons.
Mistrials are easy enough -- courts can already retry such cases -- preserving separate sovereignty for pardons would eliminate Donald's loophole.
In fact, since Burdick v. United States says that accepting a pardon constitutes an admission of guilt, they can say that accepting a pardon for the federal crime constitutes a guilty plea for the state crime, and vice versa. Justice is served.
Thoughts?
He's a judge, first and foremost. Dedicated to the impartial application of the law.
Or is he?
The President's pardon power is understood to apply to only the federal government. The President pardoning TLK Valentine would only be applicable to federal crimes. The state governments would still be permitted to prosecute TLK Valentine because the pardon power is not the same as the 5th Amendment prohibition against twice being tried for the same offense. A pardon bars only federal prosecution and a pardon does not constitute as a trial or a plea, hence, a pardon is not a situation in which the person faces two prosecutions of the same offense, the latter is what the 5th Amendment addresses.
So, no, this decision would not result in the outcome of the President's pardon power being made applicable to state prosecutions.
Why would anyone accept/agree to a federal pardon if it basically means they have admitted guilt, already, in an upcoming state case?..Since the pardon power, being applicable only to federal offenses, is an admission of guilt to the commission of federal offense, thereby precluding ANY federal prosecution, i.e. no federal prosecution occurs, then the states are still free to prosecute the person who was pardoned. Why? Because there was not and there is not a double prosecution in federal or state court, the former being barred by a pardon.
Admitting guilt is not the same as twice being prosecuted for the same offense and the 5th Amendment seeks to preclude double prosecutions. Since the pardon power, being applicable only to federal offenses, is an admission of guilt to the commission of federal offense, thereby precluding ANY federal prosecution, i.e. no federal prosecution occurs, then the states are still free to prosecute the person who was pardoned. Why? Because there was not and there is not a double prosecution in federal or state court, the former being barred by a pardon.
Sure, but this does not mean he cannot already have a preconceived notion of how to interpret and apply the law. He may impartially apply how he believes the law is to be interpreted.
Why would anyone accept/agree to a federal pardon if it basically means they have admitted guilt, already, in an upcoming state case?
Why would anyone accept/agree to a federal pardon if it basically means they have admitted guilt, already, in an upcoming state case?
Because a pardon isn’t an admission of guilt in a state case.
Do you think it will when the Democrats get that majority back? The GOP doesn't -- that, and not a few rambunctious protesters in the streets, is why they're so afraid.
Afraid? Sounds like Hillary is the one who's afraid to the point that civility is no longer an option. Hillary Clinton: You 'cannot be civil' with Republicans, Democrats need to be 'tougher'
Let's hope the democrats in general don't subscribe to this. Their protesters already have.
Are you afraid that they might?
Of course! It's already happening. Check it out. Do you want this to happen around the whole country? Antifa Shut Down Major Intersection, Threaten Citizens with Violence If They Don't Obey
Antifa = Democrat party?
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