Supreme Consideration

As everyone knows (I'm being generous) there is a vacancy on the U.S. Supreme Court because of the death of Antonin Scalia. There is a lot discord being sown as to what should happen but it is quite simple, we have a Constitution which guides.

President Obama must nominate someone to fill this vacancy because it is his legally charged responsibility to do so. Equally the U.S. Senate must fulfill their Constitutional duty, which is to provide advice and consent. The Senate under a Republican Majority is advising the President not to make a nomination. That advice is incorrect, however, they are under no Constitutional directive to hold hearings or move forward on a nomination if they choose not to.

I believe they would be making a mistake not to but on the other hand I am not the Majority Leader of the Senate. Rancor and personal attacks on either side of the aisle is neither helpful nor warranted. If the decision of the Majority is to stay the course they have indicated then so be it. They will face the American voters thoughts in the General Election this November and it might cost them control of the Senate.

The President has the right to make recess appointments, including the Supreme Court, but it is highly unlikely that the Senate will recess at any point between now and January 20, 2017. They will use parliamentary tactics to guarantee no such appointment could occur.

Although some are and will continue to portray this situation as a Constitutional crisis, it isn't. To the contrary, it is our Republic functioning as structured in  checks and balances. It is also an opportunity to learn the nuances of our Constitution.

Politically it is a stinker and there will be winners and losers. Again, it is a moment for learning and understanding how our system of government works.

Aren't you amazed and pleased at how positively I have presented this affair. It is almost a School House Rock cartoon.

Don't you feel better?

I tried.