Article 2, Section 2 of the United States Constitution states that the Senate has the final say on Supreme Court confirmations. It states that “he [President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court…” Nowhere in the Constitution does it read that the Senate is compelled to confirm any appointee. Neither does it demand they even consider an appointee. It is all done at the will of the Senate majority leader, who is a Republican.
President Obama said, “Elections have consequences.” Indeed they do. In this case, the American people, during the last election, handed control of the Senate over to the Republicans. The consequence is that now, Senator Mitch McConnell has the decision of his career to make. Does he risk being called “obstructionist” by those who would like to ram a nominee through the process, or is he willing to exercise his Constitutional mandate while adhering to 140 years of precedent and refuse to move a nominee forward in the Senate? If he chooses to recommend President Obama’s nominee to a hearing committee, he will have abdicated his roll as a “check” on the power of the Executive Branch.
The Congress, the Senate in this particular case, was designed not to be a “rubber stamp” for nominees. It’s time they use the power and authority granted to them by the People and the Constitution, to uphold the Rule of Law and not move forward on any nominee presented to them by President Obama.