PaintMyHouse
Diamond Member
- Banned
- #1,141
People already hate the Congress for not doing its job. Go for it, the Dems can use all the help they can get, and we will remind everyone of this over and over again:"Advise and consent" means that the people have a say. Therefore, the president does not have an absolute right to select a Justice. There is no express limit on advise and consent. If there was a limit, then the appointments clause would be absolute. THIS is contrary to the Framers' intent.That's correct, but the GOP is suggesting they lock the doors to the bank, very unconstitutional and goes against the Original Intent now doesn't it?But it does mean that the people, through their elected surrogates, DO get to voice their opinions on the nominee. The president does not get a blank check.
The Senate can refuse to confirm and they can do so, legally, for as long as they like. The checks on this power are elections and, I guess, recess appointments, though I question if the latter was intended by the Framers as a check rather than merely a pragmatic means to prevent government freeze at a time when we were not as mobile and lacked today's technology.
I, personally, think that the political risk is worth not having another leftist political hack appointed to a lifetime seat on the USSC. Of course, another way to look at it is to give Obama his nominee and then try to get the court back later on when 1-2 other Justices die or retire. Republicans can do this if the win the presidency. If they lose, then they lose the court anyway if you assume that there will be a couple a vacancies under Hillary.
"On Feb. 3, 1988, McConnell and literally every other GOP senator voted to confirm Supreme Court Justice Anthony Kennedy. This was during President Ronald Reagan's last year in the White House, and at a time when Democrats controlled the Senate. Kennedy was confirmed 97-0, with three Democrats -- Joe Biden, Al Gore and Paul Simon -- not voting at all because, presumably, they were busy running for president that year."
Mitch McConnell Voted To Confirm A Supreme Court Justice In Reagan's Final Year