Monday, February 15, 2016

The No Party

All history is out of the reach of Republicans, even recent history. So let me remind them that they have not won a national election in eight years. The man in the white house is not their man. Obama is the President, get over it!

One of the things made very apparent by the Republican buffoons at the last debate is that the Republican Party is going to go too far in their intransigent opposition to President Obama. All of the people on the stage said President Obama should not nominate a successor to Justice Scalia, and Senate Majority Leader Mitch McConnell went so far as to say that the Senate would not consider anyone Obama did nominate. President Obama will be the President until January 23, 2017, and Article 2 of the constitution states in relevant part that:

“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 appoinambassadors, 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...”

The Republicans obviously want to ignore the Constitution. So much for original intent! If I were President Obama I would nominate a new justice as quickly as possible and demand that the Republicans expeditiously start the hearings and other traditional senatorial procedures for confirming or denying a nominee. If the Republican's refuse, I would file a suit against the Senate and ask the Supreme Court to resolve the constitutional dispute between the branches of our government. The worst that can happen is that the Supreme Court will refuse to hear it or the court will be incapable of reaching a decision. If the court is incapable of rendering a decision the need for the appointment of another justice to replace Scalia becomes magnified. And that is a good thing! If the Republicans in the Senate decide to hold sham hearings or to simply dismiss Obama's nominee(s), it will give Democratic Senatorial candidates a great issue to run on. The nominee(s) at the hearings should mention Citizens United at every possible opportunity. Can you imagine Democrats running for the Senate accusing the incumbent Republican Senators of refusing to confirm any nominee that opposes Citizens United and/or the other unpopular court decisions! I have already heard Hillary making hay of this issue!

By the way, the definition of precedent is: “any act, decision, or case that serves as a guide or justification for subsequent situations.” What the Republicans do today can and will be used against a Republican President if and when the people are foolish enough to elect another Republican and an appropriate situation arises. I have to say that because Republicans are as blind to the future as they are to the past.


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