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standingtall

(2,787 posts)
Wed Jun 27, 2018, 03:39 PM Jun 2018

If Democrats ever take back all 3 wings of Govenment

after repukes have stacked the supreme court with a super majority we must repeal the legislative filibuster so we can repeal the 1860's law that limits supreme court justices to 9 so we can stack over the damage repukes are going to do. This is only way we are ever going to fix this mess repukes are about to leave us with. Could be done with a simple majority now all that will be required is for Democrats elected in the Senate to stick together on this one.

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If Democrats ever take back all 3 wings of Govenment (Original Post) standingtall Jun 2018 OP
The legislative filibuster remains intact,. The court will be in their hands for the next 30 years. hedda_foil Jun 2018 #1
The legislative filibuster can be repealed with a simple majority standingtall Jun 2018 #3
We won't have the third branch -- the Supreme Court -- until around 2050. hedda_foil Jun 2018 #4
your right all those other steps can only work if republicans who control the Government standingtall Jun 2018 #5
Let clarify something to correct my error standingtall Jun 2018 #10
FDR tried it and the Supreme Court stopped.it. You think these would allow it? hedda_foil Jun 2018 #11
Congress stopped it GulfCoast66 Jun 2018 #12
+1 dalton99a Jun 2018 #18
You're right but the same question pertains. hedda_foil Jun 2018 #22
The supreme court did not stop it standingtall Jun 2018 #13
When the Pubs finally lose the senate, they'll close that window Amishman Jun 2018 #6
In coming Democrats should not honor any legislation done by out going standingtall Jun 2018 #7
I believe Senate rules persist between sessions Amishman Jun 2018 #8
Those were courtesis and norms standingtall Jun 2018 #9
+1. Tradition, rules, and norms don't apply to Republicans anymore - obviously. dalton99a Jun 2018 #19
Maybe God will finally give us a break and some of the conservatives won't live that long. OliverQ Jun 2018 #21
That's young shanti Jun 2018 #23
I hope Dems can stop being timid get the red out Jun 2018 #2
Couldn't we just force Thomas to resign? OhioBlue Jun 2018 #14
If Thomas were to resign right now who gets to choose his replacement? standingtall Jun 2018 #15
This was posted in response to "if we get back all 3 branches" OhioBlue Jun 2018 #16
We could try that but I doubt it would work standingtall Jun 2018 #17
Court-packing is the only option now Azathoth Jun 2018 #20

standingtall

(2,787 posts)
3. The legislative filibuster can be repealed with a simple majority
Wed Jun 27, 2018, 04:19 PM
Jun 2018

if repukes don't repeal it first. Democrats should repeal it themselves if they ever get back all 3 wings of Government, because there will be nothing left to los at that point. As it stands now saying repukes will control the supreme court for the next 30 years is probably being generous it's probably more like the next 100 years.

hedda_foil

(16,375 posts)
4. We won't have the third branch -- the Supreme Court -- until around 2050.
Wed Jun 27, 2018, 04:26 PM
Jun 2018

But the union will not survive that long unless we.beat Putin in November -- and maybe even then.

standingtall

(2,787 posts)
5. your right all those other steps can only work if republicans who control the Government
Wed Jun 27, 2018, 04:29 PM
Jun 2018

and the courts even let there be real elections anymore

standingtall

(2,787 posts)
10. Let clarify something to correct my error
Wed Jun 27, 2018, 08:04 PM
Jun 2018

When I said all 3 wings of Government I did not mean the congress, the executive and judicial. I meant the congress,the Senate and the White House. That all we need to stack over the supreme court. The is nothing in the constitution that limits the number of supreme court justices it's simply a law that can be repealed with a simple majority.

GulfCoast66

(11,949 posts)
12. Congress stopped it
Wed Jun 27, 2018, 10:14 PM
Jun 2018

The constitution clearly says that the legislature has total control of the make up of all the judiciary. Only there will be a Supreme Court. It’s make up is left up to Congress.

Congress saw FDRs attempt as a power grab and did not support it. including members of his own party.

That said, the shot across the bow of the court worked and the court began ruling more in his favor.

standingtall

(2,787 posts)
13. The supreme court did not stop it
Wed Jun 27, 2018, 10:29 PM
Jun 2018

Democratic leadership in the Senate who opposed it stopped it by stalling it out. If Democrats have the will and the solidarity they will succeed where FDR failed.

Amishman

(5,559 posts)
6. When the Pubs finally lose the senate, they'll close that window
Wed Jun 27, 2018, 04:30 PM
Jun 2018

I expect their last act to be changing the rule regarding rules changes to raise the threshold to 60. Probably undo all the prior nuclear option rules hanges as well.

standingtall

(2,787 posts)
7. In coming Democrats should not honor any legislation done by out going
Wed Jun 27, 2018, 04:34 PM
Jun 2018

republicans. If republicans try to switch everything back to the way it was Democrats should not let them. If that's the case in coming Democrats should go nuclear right off the bat.

Amishman

(5,559 posts)
8. I believe Senate rules persist between sessions
Wed Jun 27, 2018, 04:48 PM
Jun 2018

So if the pubs undo past rules changes and change the rule on rules changes to 60 votes, the new session would be bound by that new rule until they can get 60 to change it back.

If I'm wrong on rules persisting someone correct me

standingtall

(2,787 posts)
9. Those were courtesis and norms
Wed Jun 27, 2018, 04:55 PM
Jun 2018

not constitutional laws which republicans have all ready ran over. There is no reason for Democrats to fill bound by them anymore. The repeal of the filibuster for lower courts was done with a simple majority and the repeal of the filibuster for supreme court justices was done with a simple majority. Any legislative mechanism can now be done away with a simple majority because courtesies and norms are out the window.

dalton99a

(81,569 posts)
19. +1. Tradition, rules, and norms don't apply to Republicans anymore - obviously.
Wed Jun 27, 2018, 11:32 PM
Jun 2018

Democrats have every right to ignore them and do whatever is necessary to retake control, repair the damage, and save the country.

 

OliverQ

(3,363 posts)
21. Maybe God will finally give us a break and some of the conservatives won't live that long.
Wed Jun 27, 2018, 11:36 PM
Jun 2018

I mean 3 of the conservatives are in their 60s.

OhioBlue

(5,126 posts)
14. Couldn't we just force Thomas to resign?
Wed Jun 27, 2018, 10:35 PM
Jun 2018

#metoo him? Plus put pressure on him for his conflicts of interest?

standingtall

(2,787 posts)
15. If Thomas were to resign right now who gets to choose his replacement?
Wed Jun 27, 2018, 10:41 PM
Jun 2018

We need to get back the majority in the Senate for trying to force out supreme court justices and would still probably be an easier path just to stack the courts. Takes 67 votes to impeach a supreme court justice. Thomas is never going to resign.We could stack the court with simple majority votes for there is no constitutional threshold for that.

OhioBlue

(5,126 posts)
16. This was posted in response to "if we get back all 3 branches"
Wed Jun 27, 2018, 11:05 PM
Jun 2018

which I realize you meant both houses and the executive. So the assumption wouldn't be to force him to resign now, but when we have control.

Azathoth

(4,611 posts)
20. Court-packing is the only option now
Wed Jun 27, 2018, 11:35 PM
Jun 2018

Republicans, of course, will reciprocate by packing the court when they get the chance, and eventually it will get so out of control that both sides will have no choice but to pass a constitutional amendment establishing term limits for SCOTUS.

Republicans have broken the government beyond repair -- at least the South had the decency to secede before they did this kind of damage.

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