Dec. 19 – Constitutional Law Prof Blog
Among the more eye-popping claims in the interview, Gingrich explains that separation of powers means that “it’s always two [branches] out of three.” The “two-out-of-three” rule came up in response to Schieffer’s question about whether President Obama could ignore a Court ruling overturning the Affordable Care Act (now at the Court, and scheduled for oral argument March 26 to 28). Gingrich said it would depend on whether President Obama could get Congress to go along–two out of three. (It doesn’t matter, apparently, that Congress already went along. It seems that the two-out-of-three rule only works if two out of three come to the right decision.) This exchange is around six minutes into the interview.
Read more: Gingrich on the Judiciary
