Leaky Leahy today announced he would vote against Alito. Why?
Leahy said that during Alito's confirmation hearings last week the federal appeals court judge showed he would not serve as an effective check on presidential power
Now I fully understand that the majority of Americans are really clueless about the constitution. They live their lives in ignorant bliss and probably never really need to know about it. But a senator? How can you spend so many years in the Senate and be so ignorant of it?
By definition, there are 3 co-equal branches of the government. Co-Equal, but not the same. For only 2 of them can initiate legislation, period (or that is the way the Constitution was written, even if it is not always the case). The Legislative and the Executive. Which means the Judicial cannot initiate a law, or make one (in theory). So there is no way that the SCOTUS can ever jump up and say unilaterally that "hey! You cant do that!". They are forbidden from doing it!
The only way they can is when someone brings a case to them! But Leaky Leahy apparently does not know that, or wants that part of the constitution to disappear. He wants a SCOTUS that will decide on its own "Hey you cant do that", even tho, to date, it never has done that! So he is imposing an impossible standard on Alito. I wonder if he will apply that to the next Ruth Ginsberg?
I am sure his announcement today took many people by surprise. I am sure the White House was counting on his vote as well. And I am sure my sarcasm attempt is lame as well.