Ray From Cleveland
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- Aug 16, 2015
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The Constitution gives no timeline either.
Scalia passed away in Obama's last year of Presidency. Based on the previous midterm elections, people were not happy with Democrat policies. Because we can't use midterms to determine the mood of the citizens, it was only right to allow us to make the decision of the next SC justice based on the presidential election.
This is different in that we as a country did decide on which way we want our country to go; particularly when it comes to the SC nomination.
The lack of a time table makes it Constitutional for Obama to have made a nomination during any time of his presidency. Obama has done plenty of unconstitutional things...this however wasn't one of them.
The lack of a time table makes it Constitutional for Obama to have made a nomination during any time of his presidency.
Just as it was Constitutional for the Senate to refuse to vote on his nomination.
Where does it grant them that power? If they voted his nominee down (which is what I would have wanted mind you)-fine. But we need to follow the Constitution at ALL times, not just when it helps our political party/principles.
I think by not having a vote is pretty much voting him down.
"Pretty much" isn't good enough when you're dealing with the Constitution. It's like being pregnant: you are either are or you aren't.
The Constitution does not say how they are to advise and consent, only that they do.