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What to do “The Twilight Zone” decisions in the history of one of the most important Supreme court

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Brett Kavanaugh: What does the law say in front of the camera

Freedom watch: judge Andrew Napolitano and Fox News’ Capitol Hill Senior Producer Chad Pergram break, where the Senate is now on the confirmation of judge Kavanaugh, who, according to the recent sexual misconduct allegations surface.

“There is a fifth dimension, beyond that which on the people. It is a dimension as large as space and as timeless as infinity. It is the middle ground between light and shadow. Between science and superstition. And the man lies between the pit of fears and the summit of his knowledge. This is the dimension of imagination. It is an area we call The Twilight Zone.” – The opening for the TV show “The Twilight Zone” written and hosted by Rod Serling

Sen. Lindsey Graham, R-S. C., and embattled Supreme Court nominee Brett Kavanaugh, both called the legendary black-and-white TV show “The Twilight Zone”, in the description of this week the surreal tableau.

“We are in the Twilight Zone when it comes to Kavanaugh,” said Graham to Fox News on Monday evening.

Then, the White house released this statement from Kavanaugh, according to the allegations of Julie Swetnick showed up:

“This is ridiculous, and out of the Twilight Zone. I don’t know who he is, and that never happened,” said Kavanaugh.

The title of Rod Serling’s macabre fantasy anthology has long been part of the American vernacular. But, interestingly, the phrase entered the American consciousness on a concurring opinion in a landmark case of the Supreme court break.

In 1952, the High Court limited the powers of the presidency to confiscate private property in Youngstown Sheet and Tube co. v. Sawyer, the so-called “Youngstown Steel.” The decision by President Harry Truman. But the consensus of opinion from the pen of Justice Robert Jackson, proved to be crucial for the understanding of the limits of presidential power. The judges decided that the Executive could not confiscate private property unless expressly granted rights under the Constitution or the Congress.

In Youngstown Steel, Jackson concurrent authority wrote that there is a “zone of twilight” where the Executive and legislative branches “, or in which its distribution is uncertain.”

Jackson argued that presidential power falls to “its low point, when he takes measures incompatible with the expressed or implied will of Congress.”

Serling’s show, “The Twilight Zone” hit the airwaves a few years later on CBS.

It is unknown, what do you think of Kavanaugh of the old, paranormal program. But it is clear that there may be a connection between Kavanaugh and the “zone of twilight.”

In the case of Kavanaugh’s confirmation hearing, Dianne Feinstein, D-Calif., the ranking member of the Committee on legal Affairs, the judge asked about his view on the US v. Nixon. Kavanaugh replied that he believed that U.S. v. Nixon was “one of the four greatest moments in Supreme Court history.”

Kavanaugh added that the four main cases were “Marbury v. Madison, Youngstown Steel, Brown v. Board of Education and United States v. Richard Nixon.”

In other words, quote from Serling: “the scoreboard is. Your next stop: The Twilight Zone.”

Or, at least in the case of Brett Kavanaugh, of the “zone of twilight.”

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