The abrupt death of Supreme Court Justice Antonin Scalia sparked the debate between Republicans and Democrats over the President’s duty to nominate a replacement in his final year.
The unexpected death of Antonin Scalia on Feb. 13, a highly conservative Supreme Court Justice who served on the bench slightly under 30 years, has thrown the Republican Party in a tizzy with the looming threat that the President will nominate a more liberal justice.
Glenn Beck, conservative pundit and self-proclaimed chalkboard guru, responded to the death on his radio talk show. Beck, who at one point spoke in the voice of the heavenly father, told his audience that God brought about Scalia’s death for the American people to “wake up” and vote for Ted Cruz.
A Republican to better uphold the Constitution, you say?
On Feb. 13, Senate Majority Leader Mitch McConnell R-KY., shared condolences on Scalia’s death, adding that he felt, “The American people should have a voice in the selection of their next supreme court justice. Therefore, this vacancy should not be filled until we have a new President.”
Oh, Senator McConnell, please sit down. I’d like a word with you.
I, too, studied government in high school. I, too, have read the Constitution of the United States of America in full, several times during my life. It’s not a long document, and it’s not overly complicated – just as our forefathers intended.
Over our 240-year history as a nation, many traditions and precedents have been built around varying interpretations. But the true text, in its beautiful simplicity, remains clear as day.
Here’s what the Constitution has to say about how Supreme Court justices should be nominated – not elected – in Article II, Section 2, which describes the duties of the president:
“He shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law … The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”
Yes, Senator McConnell, Obama’s nomination will require the approval of the Senate, just as all Supreme Court justices appointed during his presidency, and all the presidencies before him.
But it is still within his power and indeed, his responsibilities, to be the one to make a nomination.
If you, in your limited, politically-purposed foresight decide to stall this for a year, you are literally handicapping the entire checks and balances system of our federal government.
Without another Supreme Court justice on the bench, only eight remain to hear cases, leaving a high chance of gridlock due to disagreement, and no ninth judge to break a tie.
What kind of back up could this create in our molasses-moving court system?
The fact that the Senate doesn’t want to play nice does not render our president powerless during his last year in office.
He is still the Commander-in-Chief, whether or not Congress likes him.
The Constitution still needs to be upheld in order for the American people to have fully functioning government.
If you want to make changes, Mr. McConnell, then let me propose this: Term limits on senators. I think your current 30-year service in the Senate has been quite enough.
I voted in the last presidential election.
That was my voice about the selection of Supreme Court Justices.
Now heed it.
