The President, not the Senate, appoint U.S. Supreme Court Judges. The Senate votes on the nomination. Whether to confirm or deny.
Article II, Section 2, Clause 2 of the U.S. Constitution, known as the appointment Clause, empowers the president to nominate and, with the confirmation (advice and consent) of the United States Senate, to appoint public officials, including justices of Supreme Court.
President Barak Obama had the right to appoint Judge Merrick Garland to the U.S. Supreme Court back in March 2016, eight months before the 2016 presidential election. Republican Senate Majority Leader Mitch McConnell, had no right to block the nomination coming to the Senate floor and being voted on.
Likewise, Senate Minority Leader Chuck Schumer, has no right to block the nomination of the Honorable Amy Coney Barrett. Her Honor is entitled to a fair hearing and for the Senate to “advice and consent” – just as it should have in the case of Obama’s nominee, Judge Garland.
The unconstitutional behavior of Senator Mitch McConnell and his Republican colleagues, is one of the many reasons I advocated the U.S. Senate be abolished, together with the Electoral College, in my latest book Custom Maid Revolution for New World Disorder, published in 2014.
The fact that an election is coming up in a few months, or a few weeks, is irrelevant when it comes to the incumbent president’s right to nominate a judge to fill a vacancy on the Supreme Court, or any Federal Court for that matter. It doesn’t matter how compelling and rational the arguments for the voice of the people at an upcoming election are to allow the next president to fill a Supreme Court vacancy. It is unconstitutional.
The appointment clause of the U.S. Constitution is crystal clear. A president can appoint a Supreme Court Judge even though an election is a few weeks away and the president, or their successor of the same or different party, may win.
The Senate, although wrong in blocking President Obama’s nominee, is correct in moving ahead with President Trump’s nominee.
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