“The Senate has never taken more than 125 days to vote on a Supreme Court nominee, and, on average, a confirmation or rejection has taken just two months,” she said in a statement Wednesday.
“This Senate has almost a full year to consider and confirm Judge Garland,” Clinton added.
“It should begin that work immediately by giving Judge Garland a full and fair hearing followed by a vote. That is what the American people deserve, it is what our Constitution demands, and with millions of people’s lives in the balance, anything less is entirely unacceptable.”
Bernie Sanders on Wednesday slammed GOP senators, arguing that their resistance to considering Supreme Court nominee Merrick Garland is a first in American history. This is a false statement.
The Senate refused to act on several nominees by Presidents Millard Fillmore and John Tyler. The Senate also refused to consider John Quincy Adams’s nomination of John Crittenden to replace Justice Robert Trimble in 1828.
Elizabeth Warren said to the Republicans, “If you want to stop extremism in your party, you can start by showing the American people that you respect the president of the United States and the Constitution enough to do your job.”
It is hard to understand what this has to do with extremism, but you can be sure in the minds of the Marxist/ Progressives, who violated the Constitution to pass Obamacare and changed the long established rules of the Senate to force through unacceptable legislation and appointments, this is not only extremism but also somehow sexist and racist.
What does the Constitution demand of the Senate?
From Article II, Section 2 of The United States Constitution
He (The President) ….. shall nominate, and by and with the Advice and Consent of the Senate, ….. Judges of the supreme Court, … Appointments are not herein otherwise provided for, and which shall be established by Law: …..
The Constitution only requires that Justices hold office only when they have good Behavior. The Constitution does not require the nominee be a citizen, be a certain age, be a lawyer, have served on a lower court, or any other requirement. The Constitution does not require a certain number of Justices nor does it require that an odd number of Justices serve at any given time. The Constitution does not state in what form the Senate is to give “Advice and Consent.” The Constitution gives no time frame for the Senate to act.
All these claims that are being made about the Constitutional duties of the Senate are without constitutional merit. The political merit of the claims is another story. This is what the electorate will decide and this is constitutional. The Preamble to the Constitution does say that “We the People … do ordain and establish.” That would mean it is we the people who will decide if the Senate is acting in accordance with our wishes.
An interesting side note is that one of the very few Constitutional actions Franklin Roosevelt ever did was to nominate more judges than had been the acceptable number of nine for many years. Roosevelt did have the Constitutional authority to nominate as many judges as he wished. The Senate had the right to approve or deny by vote or not acting at all. Yet, this is the one action for which Roosevelt has been roundly condemned. For those many unconstitutional actions, like the TVA, he is praised.