Just to Make Sure the President follows the Law
Lawmakers from both parties exchanged salvos Sunday over who should fill the Supreme Court seat vacated Saturday by the death of Justice Antonin Scalia.
After news of Scalia’s death, Senate Republicans quickly dug in, promising to block President Obama’s nominee to replace him.
Led by Majority Leader Sen. Mitch McConnell, R-Ky., they pledged to keep the high court seat open for the next president to fill in 2017.
But Democrats argue that, with more than 10 months left in office, it’s Obama’s constitutional prerogative to fill the seat even if it is an election year.
Not so fast to the liberal faction, we argue. According to the U.S. Constitution the President’s privilege to nominate a candidate for the position of Supreme Court justice is what is at stake. And according to Article II Section 2, of the U.S. Constitution for the ratification of the individual nominated it would take two-thirds of the Senate conferring for the nomination to be approved.
Interestingly I happened on polling data being collected by an agency representing the entire United States by cable television. Accordingly, the results of the poll that asked “Should President Obama wait until a new administration takes office in 2017” 93 percent of the people polled said “Yes” while those who opposed was 7 percent.
It is important to point out that this was a popular poll – one in which could not claim to be a scientific poll. However, this shows that 93 percent of the people favored President Obama waiting until a new administration was seated. This of course means that Obama would not be making a nomination insofar as his term in office would be over.
Many experts allege that this action would solidify a positive legacy for the president.