Newt Gingrich’s comment, like the quotation he cited from President Roosevelt, sounds like constitutional bravado.
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The Founding Fathers were quite familiar with the record of some English kings of simply sending Parliament home, if the lawmakers were not following the monarch’s wishes.
Dueling lawsuits are looming.
Only a single case in history has ever raised that issue in court.
If one accepts that the Supreme Court has the final word on constitutional interpretation, the issue is settled.