Nevertheless, since we will be studying the Supreme Court
next week, I’ve decided to go ahead and blog about what it sure to be a hotly
contested debate in the upcoming weeks. Article II,
Section 2 of the Constitution states, “[The President] shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint…Judges of the
Supreme Court.” The President has always
nominated an individual for the Court, and the Senate rejects or confirms them
after going through a lengthy confirmation hearing in which they interview the
candidate about their background, choices, and legal opinions. This process is designed to provide the “checks
and balances” we have discussed in class.
Both the President and the Senate have important roles in choosing our
next Supreme Court Justice.
So what’s causing all the controversy? There are 9 Supreme Court Justices –
currently 4 of them are considered to be more liberal on issues, and the other
5 (before Scalia’s passing) are more moderate and conservative. Justice Scalia
was by all accounts a more conservative justice – perhaps one of the most
conservative on the bench. With his passing,
President Obama has the potential to nominate a more liberal justice, which
will effectively shift the political leanings of the Court – giving the liberal
justices a majority for the first time in years.Many outspoken conservatives are calling on President Obama to withhold his nomination, and allow the incoming President to nominate someone after the election. Some Republican Senators have said they will take no action on confirming anyone President Obama nominates. For his part, President Obama has said the Constitution is clear, it’s his responsibility to nominate someone, and he plans to do so.
So my question to you this week is twofold, First, “Do
you think President Obama should nominate someone for the Supreme Court, or
should we wait until after the election for the incoming President to do so?” Second, “If you sat on the Supreme Court,
what is one issue that you would like to issue a ruling on – and what would be
your opinion?” You must answer both
questions for full credit. Answers are
due no later than Wednesday, February 24th, 2016.