The
Republican-controlled Senate must allow and even encourage president Obama to
nominate someone to replace the late Justice Scalia on the Supreme Court. Article II, Section 1
of the Constitution states . . . “that the President 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 otherwise provided
for. . .” It would be a derelict of his duty and responsibility as president of
the United States if Barack Obama does not name a successor to replace the
vacancy on the nation’s highest court. Article VI (section
c) states. . . The Senators and representatives before mentioned, and the
Members of the several State Legislatures, and all executive and judicial
officers, both of the United States and of the several states, shall be bound
by Oath of Affirmation, to support this Constitution. . . “In the latter part
of section (b) of the same article it states that the Constitution is the supreme Law of the Land,
not either Houses of Congress or the Senate, in particular.
It is
one thing to not confirm a presidential appointment by, in this case, the
Senate Judiciary Committee but to threaten to do so just because is an abuse of
power and not only that, but it dishonors the oath that every elected official
has sworn to; of which this Constitution is the foundation of our Democracy
does not recognize or give authority to do. The irony is that the late Justice
Antonin Scalia, as a strict interpreter of the Constitution (strict
constructionist/textualist) would have been agreement with the president
exercising his authority under the Constitution, even if he didn’t agree with
the judicial philosophy of the nominee. The Senate, by its very insistence that
president Obama not put forth any person or that they would automatically block
or fail to confirm anyone, dishonors the memory of one of the greatest jurists
in the modern era as well as greatly tarnishes the name and respect due to
highly esteemed members and august body of the United States Senate.
Robert
Randle
776
Commerce St Apt B11
Tacoma,
WA 98402
February
24, 2016
robertrandle51@yahoo.com
