by: the Common Constitutionalist
The upcoming presidential election is being hailed as the most important in our lifetimes – possibly in the history of this nation.
We always hear this type of thing every election cycle. This time however, the claim is absolute due to the recent passing of Justice Scalia and the subsequent tipping point in the balance of power of the supreme Court.
So I agree with those who claim that we will lose our country – we lose our Constitutional rights and liberties should just one more liberal justice be appointed. For this reason, it is imperative that the Senate leadership not even allow hearings, much less a vote on whomever Obama nominates.
The Senate leadership must understand that literally anything can happen should they allow an Obama nominee to come to a vote. There are simply too many spineless Republican Senators to take that chance. Short of an Article V Conventions of States, there would be no correcting the wrong outcome.
Many have pointed to the history of lame-duck appointments, giving deference to the next Executive – that it hasn’t been done in many decades. But historical precedent aside, Obama has every right under the Constitution to nominate someone, anyone to the court. The interesting thing is that if one reads Article II, Section 2, clause 2, the founders clearly did not make a fuss over the process. It was not some Earth-shattering event, but merely included in the several duties of the President.