Photo: Mitch McConnell, AP Photo
The Situation: On Saturday, February 13, Associate Justice of the Supreme Court Antonin Scalia died, leaving a vacancy in the Supreme Court. His body was barely cold before Senate Majority Leader Mitch McConnell announced that the Senate would not approve any of President Obama’s nominations and that the task of filling the vacant seat should be left to the next President – who will not be inaugurated for almost a year.
The Reaction: This is unconstitutional and unprecedented. According to Article II, Section 2, second paragraph of the Constitution, “He [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.” Of course, the Senate can attempt to block these nominations and might succeed in getting a nominee withdrawn if they show actual evidence that the nominee is unsuitable. But, given that the Constitution explicitly states that the President is supposed to nominate the Supreme Court justices, there is no reason for McConnell’s interference.
Actually, that’s not quite true. There is one reason: Republican Congressmen and women hate Obama and have stated that they will do all they can to either prevent his re-election or prevent anything he supports from passing. This is why our current Congress is one of the most ineffective in history.
McConnell’s insistence that the American people should nominate the next Supreme Court Justice by electing the next President is redundant. We have already by majority rule elected President Obama – twice, in fact. Both times he won the election handily. Yes, there are people that don’t like him and didn’t vote for him, but the majority of voters did and thus our votes should be counted.
McConnell wants to wait until after the next election because he hopes a Republican will take the Presidency and thus re-establish the conservative majority on the Supreme Court. He wants to negate our votes, negate the Constitution, and insult the President simply to keep his ideologies as the guiding light in this country. I will say it again: it is unconstitutional.
So if you want to tell Senator McConnell what you think of his unconstitutional and criminal actions, click here for his Facebook page or here to contact him directly. Below is an example of the kind of message you can send him.
Article II, Section 2 of the Constitution clearly states that the President has the power to nominate Supreme Court Justices. Your move to block President Obama is simply unconstitutional, and it negates the millions of votes cast in his favor in 2008 and 2012. Rescind your ridiculous assertion immediately and do your job: protecting the Constitution, not trampling on it.