I don’t think people realize just how bad this is for the country. It’s not a matter of conservative or liberal, but of how one views the Constitution. I do agree on the kind of nominee we’d get from Cruz. I suspect we would get similar from Rubio. In fact, I wouldn’t be surprised if Rubio nominated Cruz.
What’s amusing in this is watching the Progressives who have no respect for the Constitution suddenly screeching about how Obama has the Constitutional right to appoint the new SCOTUS justice. I really wish they would actually read the document. The President has the authority to nominate the potential justice. The Senate has the authority to approve or reject that candidate. There is no obligation for the Senate to approve and no entitlement of the President to get his choice. Further, the Senate establishes it’s own rules as far as to how the process works out.
The reason to put the nominee off until after the election is simple. First, it’s not a matter of shutting down Obama. It is a matter of this election will most likely represent the clearest statement on where the American people want this nation to go ideologically. Not Conservative/Liberal, but Classical Liberalism/Progressivism. True, either party may be able to kick the can down the road once or twice more, but that is becoming more and more difficult. The time is coming – and may (hopefully?) be here already – that the political class is finally held to account.
The sad part is, that the judicial crisis, at least, was entirely avoidable. Remember that bit about reading the Constitution I mentioned above?
Did you know that Congress has the right to regulate the federal courts? As in, they could decide that all Bill of Rights cases, for instance, must be subject to review under strict scrutiny. Or that 14th Amendment claims must be interpreted likewise. Or limit their degree of judicial review. Congress has – and always has had – the power to shut down judicial activism whenever it wanted. Of all the failures of Congress over the last century, this one has been by far the most egregious.
Do you know how much power the Supreme Court has over the exercise of this Congressional power? None. It’s rather explicit in the Constitution. Any justice that disagreed with the Congress on this could be summarily removed from office.
How many reading this were actually aware Congress had that much power? I’m curious.
Ok. I made a statement in the original version of this that was flat-out wrong. Congressional regulation of SCOTUS does, in fact require presidential signature. If not done as a bill, such regulation is exercised through a joint resolution. The President does have to approve or disapprove and Congress can overrule his decision.
In truth, this makes me think it even more important for Congress to make such a regulation as I propose. Force the President to formally “come out” against the Bill of Rights. Force the Democrats to make a choice between supporting or opposing the Bill of Rights. That would be a powerful election issue.