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Political what-if: A second Constitutional Convention
RE: Political what-if: A second Constitutional Convention
#5
The Department of Justice needs to be taken out of the Executive Branch and become part of the Judicial.   This includes the President having no authority to appoint the Attorney General.  A new AG, or perhaps a choice of potential AGs, could be nominated by his/her predecessor, with input from the Supreme Court to narrow down the list, and final approval by Congress.  At most, a president should be permitted to raise an objection to a particular AG candidate, or later to specific actions by a currently serving AG, such objections then to be voted upon by Congress — and possibly overruled by SCOTUS. 

The President should also lack any vestige of authority to nominate justices, even to the lowest courts, much less SCOTUS.  Instead, all such nominations would be by serving judges, usually of higher courts.  These candidates would then be voted on by Congress — and refusing to even hold hearings, as McConnell did to the Garland nomination, would result in the candidate being automatically appointed as a rebuke of Congress's dereliction of duty.  

These changes would firm up the independence of the Justice Department and the Judiciary from the Executive.  "'My' Supreme Court; 'my' Attorney General"?  No way, hombre.
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"The Lady of the Lake, her arm clad in the purest shimmering samite, held aloft Excalibur from the bosom of the water, signifying by divine providence that this was some killer weed."
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RE: Political what-if: A second Constitutional Convention - by DHBirr - 02-21-2021, 11:34 AM

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