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Supreme Court Shenanigans!

🕑 Added 2020-09-30 22:33:37 +0000 UTC

Comments

sean

you should be able to get the wallpapers

Bono Nonchev

Interesting topic ... but do you know who will adjudicate this matter? Why, yes, SCOTUS will have to decide if such laws are constitutional...

Wendy Keller

I have the same question.

Anthony Baldini

This is off topic question(sorry, new to Patreon....not sure best place to ask this question). I am at the level to view Directors Commentary. Should I be able to view/download wallpaper as well?

Ben Zoller

I was hoping this would include https://en.wikipedia.org/wiki/Jurisdiction_stripping I can hope for a new video addressing this.

Sound_Tech

Lol, thanks but I was already aware of all this, I was simply pointing out that it hadn't been covered, in spite being a key discussion point in recent days.

Chris Kiser

It's a little inaccurate (but not misleading) to say that the majority needed for cloture (2/3, then 3/5, then 50%) is needed for approving the nominee. It is only needed if a senator wants to filibuster the nomination (which almost always happens), but cloture just brings the nominee to a vote. That vote requires a simple majority, so having cloture likely means you have that majority. I'm not sure why you chose not to give even a simple explanation of the nuclear option since it can be summed up as "the majority decided the rule was vague and then decided the correct interpretation was X". However, I can understand not wanting to wade too far into Senate rules for this kind of video.

Chris Kiser

The court originally started with 7 justices, but that number fluctuated in the first 100 years or so between 6-9 justices. The Constitution delegates the size of the federal judiciary to Congress, so they only have to pass a simple act to change the size of the court.

Joe Molloy

Regarding impeachment of justices, in 1969 Nixon wanted to fill more seats on the Court, and made efforts towards convincing the House and Senate to impeach and remove Justice Fortas. In the end, Fortas resigned before anything came of it, but it shows (as you say in your commentary) that the precedents and traditions surrounding this aren't all that sturdy at all.

Crissa Kentavr

Yes, the Constitution says that Congress defines the Judiciary, the only thing it defined was their terms and how they'd be appointed. Not how many or even what cases they could take.

Max Corwin

breaking a filibuster of Supreme Court nominees only requires 51 votes, not the usual 60

Cerity

Packing in theory is because the constitution doesn’t qualify the makeup of federal U.S. Supreme Court, it didn’t start at 9.

Sound_Tech

This video covers many great details but while you reference packing the court a few times, you never explicitly explained how or why that's possible. I'll watch the commentary next to see if you mention it there but I wanted to point that out and ask since that's a major part of the discussion in our current dispute on the matter.