Re:Did you know John Roberts is also chief justice of the NS...
by anigbrowl on Friday July 05, 2013 @08:36PM
(#5997369)
To shut down FISC they would have to pass a new law, which they could not do tomorrow because they are not in session tomorrow.
/eyeroll
If we're going down that road, the President has the authority to convene either or both chambers of Congress at any time. This has happened 27 times.
Likewise, the Constitution could be amended to rescind Roberts's Article III privileges. So the situation is exactly analogous.
Of course they are not, because constitutional amendments have to be ratified by 2/3 of the states, while Acts of Congress don't.
What matters is that until the changes are actually made (by whatever process is needed to make them) the situation is what it is.
The situation is that Congress can take away Roberts' FISA powers any time it likes, unlike his Article III powers which could only be revoked by amendment. This is a fundamental difference that Klein completely ignored, and that's why he's wrong.
/eyeroll
If we're going down that road, the President has the authority to convene either or both chambers of Congress at any time. This has happened 27 times.
Likewise, the Constitution could be amended to rescind Roberts's Article III privileges. So the situation is exactly analogous.
Of course they are not, because constitutional amendments have to be ratified by 2/3 of the states, while Acts of Congress don't.
What matters is that until the changes are actually made (by whatever process is needed to make them) the situation is what it is.
The situation is that Congress can take away Roberts' FISA powers any time it likes, unlike his Article III powers which could only be revoked by amendment. This is a fundamental difference that Klein completely ignored, and that's why he's wrong.