PH mentioned -"SHUT DOWN THE SENATE!".
Today, I called John Boehner's office (again). They confirmed that 4 March 2011 is the expiration date for the current Budget CR upon which the government is running and they believe the Senate will likely vote down the proposed $60Bill in proposed cuts or Obama wil veto it. It's too little, but on to my premise and questions...
Let us assume the Senate by some miracle approved the $60B in cuts and the CR went to the Prez and he rejected it(veto). Then the gov't is scheduled to shut down on 4 March with the Legislative and Executive branches at loggerheads. So somebody tries to drag the Judicial Branch into the frey and Lawsuits begin to fly just prior to 4 March,
#1 - Is there any role the Sup. Court might play in this process? I see none by Separation of Powers in the Constitution itself. But do you know of any last minute tricks that could potentially fly out of the high court, based on precedent(s) of Judicial Activism, which might forestall the closing down of Federal gov't offices?
#2 - Can an Imperious Prez try invoking Emergency Powers to force (one, some, or all) offices to remain open?
(See Article II, Sect 3 - power to convene or adjourn the two Legislative houses; )
#3 - If he does, have such edicts been deemed as Constitutional by the Sup. Court in the past?