Replacing Justice Scalia
“He [the president] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he 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 herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.”
The Constitution of the United States, Article II Section 2
Immediately following the first semicolon are the words, “and he shall nominate…”.
The constitution says “shall.” Those words are direct and clear and not open for discussion.
However, as soon the death of Justice Scalia was announced, Senator Mitch McConnell pronounced that President Barack Obama should not nominate a replacement, but should wait until a new president is elected. Where does it say that in our constitution?
North Dakota Senator John Hoeven chimed in with 'The people should have a say because the Supreme Court will be ruling on important issues for our state and nation.' Where did Hoeven find that in our Constitution? Has Hoeven ever read it? Can he understand it? Nowhere does it say the justices shall be elected by popular vote.
In contrast, Senator Heidi Heitcamp said, 'It's now the responsibility of the president to nominate someone to fill that position—and for the U.S. Senate to fully vet and consider that nomination—in a timely fashion.' And in Minnesota,, Senators Franken and Klobuchar have said similar things about the president's constitutional duty.
Let us all recall that on the day President Obama was sworn into office, McConnell called a meeting of Republican senators, and instructed them to obstruct everything the elected president attempted to accomplish. That is NOT pro-American, that is Sabotage of the president and the Law of the Land.
Senators should be honored with the office with the understanding that they will serve the best interests of The People, not the party. Leaving a vacancy on the court for nearly a year does not serve the best interests of the nation. Senators—do your job! Or do without your salary and benefits.