Primary tabs

Should the nomination for a new Supreme Court justice be delayed until after the presidential election?

 

 

View more polls

Comments

This is a non-issue. The current President has 11 more months in office.
"He[The President] shall have the 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 appoint Ambassadors, other public Ministers and Councils, 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: but the Congress may by Law vest the Appointment of such inferior Officers as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
Article 2, Section 2, Clause 2.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 1:13pm

The president should go ahead and NOMINATE, but the senate should only consent if the nominee will adhere to strict interpretation of the Constitution. No legislating from the bench.

Submitted by John H (not verified) : Feb 18, 2016 3:56pm

I hate Obama, but I believe he has the right to nominate and I believe that theS Senate has the right to not con firm the nominee like Obama filibustered Alito with 18 months not go in the administration along with Shumer and the others liberals who seek to only use the constitution when it's convenient to their fulfilling their ideology.

Submitted by Michael Gillespie (not verified) : Feb 18, 2016 4:06pm

I hate Obama, but I believe he has the right to nominate and I believe that theS Senate has the right to not con firm the nominee like Obama filibustered Alito with 18 months not go in the administration along with Shumer and the others liberals who seek to only use the constitution when it's convenient to their fulfilling their ideology.

Submitted by Michael Gillespie (not verified) : Feb 18, 2016 4:06pm

Well, Obama can't screw up this country any more than he already has. Let's hope that the Senate has enough guts to "set aside" anyone he nominates. Since his actions appear to want to destroy our democracy, it can be assumed that whoever he nominates, will have the same destructive attitude to kill OUR Constitution.

Submitted by Ron Corchnoy (not verified) : Feb 18, 2016 4:09pm

If you really believe that sir, then go ahead and pull my finger.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 4:19pm

What is so scary about what you just said is you actually believe it.

Submitted by EH (not verified) : Feb 18, 2016 10:30pm

First of all, I read this BS & I think what has gone wrong with the the people (Gillispie) to have to finally use the word most of you all really want to say. If our twice elected president was white, would you feel this way? I haver never posted before on our site, but I first got sick of this crap during election year, when I was a Legion Rider, resigned, & feel I did the right thing. U.S. Army 1959-1963.

Submitted by Vern Rourke (not verified) : Feb 18, 2016 11:08pm

To defend the Constitution from all enemy's foreign and domestic!

Submitted by Joe McLaughlin (not verified) : Feb 18, 2016 4:06pm

Do those that think Obama should be able to appoint a new supreme court justice realize that the court could change the constitutional" right to bear arms", the 2nd amendment of the constitution.

Submitted by John Stratton (not verified) : Feb 18, 2016 4:17pm

It is not a question if he "should be able". It is his Constitutional duty as the POTUS to do so. If it were the other way around, a lame duck conservative in office, would you still have the same opinion?

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 4:28pm

Of course I would still say no...I am a Democrat, and I do not believe a lame duck president should be appointing someone at this point and time. Although, I will say this: It would be well within the rights of both the House and Senate to negate his nomination until such time as a new president has taken the oath of office.

Submitted by Greatestmem (not verified) : Feb 18, 2016 4:46pm

I couldn't find the word "lame duck" any where in Art 2, Sec, Clause 2. Or anywhere else in the Constitution. Also couldn't find where the President's executive powers are limited in the final year of his second term.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 4:56pm

The term "lame duck", is a colloquial term, and no you will NOT find it in the constitution. Thank you captain obvious.

Submitted by Bill L. (not verified) : Feb 18, 2016 6:12pm

I know what the term means, sir. My point is that no where in our Constitution does it state that a president near the end of his final term has any less executive power authorized by congress than he would have at any other point in his presidency. To debate that the president does not have the authority to nominate a SC Justice just because he is in the last year of his final term is just ridiculous. If anything should be debated it should be to appeal the 22nd amendment which would eliminate the so call "lame duck" and the people have the choice to re-elect a president for a 3rd term, or replace him. And sorry, not a captain. 3 up and 3 down. But you are welcome anyway.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 9:41pm

All you have to do is to do back to G.W. Bush's last year and review all the rhetoric from the Hon. Chuck Schumer about NOT letting the "lame duck" pres. appoint a supreme court justice.

Submitted by Bill L. (not verified) : Feb 18, 2016 6:10pm

Schumer was just as full of crap then. Leftwing, rightwing, batwing, Goldwing, they all are a bunch of A-holes who only care about bashing the other party. This tit for tat BS is dragging the country down.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 7:47pm

It takes a constitutional amendment to change the second amendment.

Submitted by EH (not verified) : Feb 18, 2016 10:24pm

Funny that so many veterans "hate" Obama. As if he has done something personal to them. Regardless of your personal feelings regarding the president: he is the duly elected president, twice. You can't just be for the parts of the constitution that you prefer. Like the second amendment. The sitting president is charged by the constitution to make a nomination within the appropriate time frame. The Senate cannot ignore this constitutional mandate because it doesn't like the black man sitting in the oval office. They are subverting the constitution with political BS. Plain and simple.

Submitted by RickHal (not verified) : Feb 18, 2016 4:23pm

Right on. This Right Wing rhetoric stinks worse than the elevator I just got off of.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 4:30pm

I bet it stinks because you just got on. Just sayin'.

Submitted by Cora (not verified) : Feb 19, 2016 12:47pm

Wouldn't be the first time I cleared a room. Lol. Come on Cora, not all vets are right wingers. Doesn't make us lefties either. Some people choose their own opinions that are not based on one set of ideology. Be nice if some of our elected officials believed that too!

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 7:19pm

I don't see so many individuals "hating" the man, so much as feeling like the policies run counter to their own. However, you are right that this president was elected, twice, to this office, and has every right to nominate a candidate. And the Senate can either take up the hearing, or not, as is their right to do so. You will find precedent from both political parties to either confirm, ignore, or reject that candidate. That said, you seem to insinuate that race is involved, which therefore makes you part of a problem that shouldn't exist. That said, show me where the Constitution says that the Senate MUST have a hearing, or where they MUST have a vote. I can't find it.

Submitted by RIchard P (not verified) : Feb 18, 2016 5:10pm

Not only that but check out the list of Executive Orders issued by Presidents on Wikipedia. Some folks are all worked up thinking that is all the President does, look and be amazed.

Submitted by JerryLewis (not verified) : Feb 18, 2016 6:39pm

Nothing in the Constitution says that the Senate must approve the nomination. There's plenty of precedent where the Dems refused to approve the Republican President's nominations. But when the shoe is on the other foot, they cry and whine and complain like babies. They are disgusting.

Submitted by Cora (not verified) : Feb 19, 2016 12:46pm

It is the hypocracy by both political parties that is disgusting. Republicans and Democrats are equally corrupt and self serving in my opinion.

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 9:05pm

Of course the president can nominate a replacement Justice. That's all he can do. The Senate should follow the Constitution and accept or reject the nomination. That's how our system works. If President Obama wants his nominee appointed he will submit a strict constitutional candidate. He won't do that, however. No, he will nominate a moderate who easily passed through confirmation for a lesser position (judgeship). His nominee will be rejected after the entire process has been turned into a political sideshow by both parties. The new president will ultimately submit a nominee who will be approved. Life, in the meantime, will go on.

Submitted by Orchard Lake Jim (not verified) : Feb 18, 2016 4:27pm

This President has allowed the Justice Department and other agencies to disregard the laws of the land in a wholesale manner and would destroy the entire Bill of Rights is he could!!!

Submitted by Veteran Grandpa (not verified) : Feb 18, 2016 4:56pm

Is that a fact sir, or just another right wing conservative conspiracy theory?

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 5:03pm

The Resolution of 1960 should stand. Also. Sen Schumer's 2007 request should hold for this and all presidents.

Submitted by Salvatore R LaRosa (not verified) : Feb 18, 2016 5:04pm

Chuck Schumer was full of crap too, like most all other politicians who are more loyal to their party and its ideology and agenda than to the Constitution and the American People.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 5:12pm

You are right on Sal. The Dems have brought this on along with the simple majority courtesy of Sen Reed. All written and passed to prevent Republican 'Lame Duck' appointments - what coes around, comes around.

Submitted by Bob Can (not verified) : Feb 18, 2016 5:16pm

What is the resolution of 1960?

Submitted by Jim Creagan (not verified) : Feb 18, 2016 5:44pm

The "president" absolutely has the right and authority to put forth a nominee. And, the People - the constitutionally authorized Senate also have rights, authority and Responsibility to "Advise and Consent" OR NOT CONSENT to this "president's" choice. As Senator himself “president” obama did his best to stifle President Bush’s nominee. UpChucky Schumer and Harry Reid also are ON Record as being 100% in favor of holding up Presidential Court nominations. The Lib/Dems are going to have to learn the “Law of Unintended Consequences” once and for all. Every Conservative or Constitutionalist I know of, abhor this “presidents” use of (unelected/unaccountable) Czars and Executive Actions. But, when the next Republican President uses these same tactics (Hey just like Sun Tzu said, Know Your Enemy) the Lib/Dems are just going to have to eat it because they were all for it with obama, just like they were all for refusing Republican nominees when President Bush was 18 months out!!! Suck it up libs/dems, YOUR actions are coming back to haunt you!

Submitted by Gunny John USMC Ret (not verified) : Feb 18, 2016 5:09pm

Both the left and the right are full of crap. They are ruining our country because they are in a war with each other rather than working together as Americans and doing what is best for our nation and its people.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 5:24pm

From both sides of the aisle our elected officials would rather salute the flag of partisan pettiness than work to serve their constituents and the Stars and Stripes.

Submitted by Jim Creagan (not verified) : Feb 18, 2016 5:39pm

Absolutely agree. I'll even go one step further.....racism is still alive and well here in the U.S., except today it's called Ultra Conservative. Since when does a political party decide, on it's own, to go do what the extreme far right wants, and gives up to any moderate action?

Submitted by Ken Harrison (not verified) : Feb 18, 2016 9:20pm

And again Fred is correct.

Submitted by Vern Rourke (not verified) : Feb 18, 2016 11:21pm

Given that Democrats have in the past blocked Republican Presidential federal judicial appointments, the current Congressional Republican majority should block any Obama nominations. It seems that Democrats believe it is ok to bend the rules when they have control, but complain when Republicans attempt similar actions. Also, I believe President Obama has abused his power in his various Executive actions and would not trust his nominations. While I am a Democrat, I believe the same rules of fairness should apply to both parties.

Submitted by Martin S. S. (not verified) : Feb 18, 2016 5:20pm

The political fart game. That's really what this country needs.

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 5:26pm

hahahaha

Submitted by JerryLewis (not verified) : Feb 18, 2016 6:32pm

I voted NO, under the Constitution, he does have the right to nominate. Of course, Congress has the right to reject all of his nominations. Congress should deny until the new president is elected.

Submitted by wingrider6 : Feb 18, 2016 5:34pm

I agree. The President has done a terrible job at everything else, why would he nominate a good judge!!! I hope the Senate holds back until we get a good GOP President.

Submitted by Roger S. (not verified) : Feb 18, 2016 8:02pm

The definition of oxymoron = Good Republican President. Oh, theres a picture of G.W. Bush next to the definition.

Submitted by EH (not verified) : Feb 18, 2016 10:14pm

That's your opinion. Opinions are like @$$holes, everyone has one.

Submitted by Cora (not verified) : Feb 19, 2016 12:29pm

Why should he suddenly decide to abide by the Constitution other than personal gain?

Submitted by Jerry B (not verified) : Feb 18, 2016 5:39pm

If a "lame duck" President should not nominate, then perhaps the Senators voting should wait until they are reelected or replaced as well.
Boy, would this slow things down!

Submitted by Jerry (sock) (not verified) : Feb 18, 2016 6:02pm

Obama has the right and the duty to nominate Scalia's successor. The Senate can obfuscate consideration of that nomination by any number of means 'til Obama is no longer a player. I hope that 1) Republicans maintain control of the Senate and 2)they choose that course of action.

Submitted by Asdrúbal Lector (not verified) : Feb 18, 2016 6:07pm

According to the Constitution the President has the power to nominate and to appoint judges of the supreme court with the advice and consent of the Senate. The Senate does not have to consent to what the President nominates and in Obama's case can delay the action until a new President is elected in order hopefully to have a conservative Justice appointed to replace Justice Scalia.

Submitted by David Hall (not verified) : Feb 18, 2016 6:21pm

Since when has a Supreme Court Justice been chosen on the basis of a retired/died Supreme Court Justice's affiliation? Let the chips fall where they may, that is FREEDOM!

Submitted by JerryLewis (not verified) : Feb 18, 2016 6:24pm

I don't understand why Republicans want to wait and let Hillary (or Bernie) pick the next Justice of the Supreme Court instead of Obama?

Better still do away with the Supreme Court altogether and save a lot of money to reduce the deficit They pick either a liberal or a conservative. You know what the ruling will be if you know how the Supreme Court is constituted. Maybe the should pick a person who is FAIR and can reach a FAIR decision after hearing all sides of the issue.

Submitted by LM (not verified) : Feb 18, 2016 6:38pm

OMG, that's Trump's plan. Chairman of the board.

Submitted by JerryLewis (not verified) : Feb 18, 2016 6:46pm

Because the only place Hillary is headed for is either jail, or back to Chappaqua with Monica's ex boyfriend. As far as Bernie, it's either a straight jacket or a free ticket to the planet utopia.

Submitted by Gary Miller (not verified) : Feb 19, 2016 10:16am

Perhaps you have been listening to Fox News and Rush a little too much. Think for yourself.

Conservative crap and liberal crap is still CRAP.

Submitted by LM (not verified) : Feb 19, 2016 1:11pm

More crap than a porta-potty on the last day of the county fair. This is one of those election years where there are no candidates worthy of the office. And the sad part is the rest of the world is watching this circus and laughing.

Submitted by Flatulent Fred (not verified) : Feb 20, 2016 11:35am

Let's think this through a minute. The President does not wield total power. He can nominate but that does NOT mean the Senate will confirm - all part of our system of checks and balances. Further, I am going to assume most people on this forum are more conservative than liberal. The only way Obama might get a nominee confirmed is if that nominee is more moderate than ultra-liberal. However, if after the election, the Democrats control both the White House and the Senate, the odds increase greatly in favor of a more liberal Supreme Court Justice. Which would you rather have?

Submitted by Anonymous (not verified) : Feb 18, 2016 6:52pm

Because I'm leaning towards conservatives

Submitted by anonoymous (not verified) : Feb 18, 2016 7:50pm

Because I'm leaning towards conservatives

Submitted by anonoymous (not verified) : Feb 18, 2016 7:50pm

I'd bet my life savings that ain't gonna happen! I'll take my chances. This Supreme court is already far to liberal.
People have lost their homes to governments that have condemned their property and given it to developers who will pay higher taxes and this court has sanctioned that BS.

Submitted by Re-cycle47 (not verified) : Feb 18, 2016 8:03pm

I guess I don't understand how this current court is far to liberal. It had 5 conservative members and 4 liberal.

Submitted by EH (not verified) : Feb 18, 2016 10:03pm

Gentlemen, beware of the obvious TROLLS infecting this site.

Submitted by Paco (not verified) : Feb 18, 2016 7:47pm

Sir, could you please elaborate on what you mean?

Submitted by Flatulent Fred (not verified) : Feb 18, 2016 7:50pm

how many bills did the Republicans send to Harry reed when he was senate majority leader and all Harry did was sit on them for years. Now it's the Republicans in the senate turn to pay Harry back. Ho Hum.

Submitted by Don A. (not verified) : Feb 18, 2016 10:44pm

Political tit-for tat. Like elementary school kids. Lets tackle Harry and fart in his face. We need some leaders to step up and be leaders and not lackies who do the bidding for their party.

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 8:49am

Thank you Fred, finally,someone with some common sense.

Submitted by Vern Rourke (not verified) : Feb 18, 2016 11:16pm

You are welcome sir.

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 8:54am

You know there one thing I learn from being in the army is that there are those who try their best to kill our country from the inside and we as veteran should not let that happen because we are the one who watch while our brother in arm die for this country.

Submitted by Jjesse285 : Feb 19, 2016 12:16am

While it is the President's prerogative to nominate a new Justice it is the Senate's prerogative to give the nominee a "go" or "no go." Unfortunately I think the republicans are too weak kneed to make a stand. They have not displayed any backbone in the past why would they start now?

Submitted by Ron Mansour (not verified) : Feb 19, 2016 1:11am

If the Position is not filled in 6 months, the funding for it should be returned to General Revenue and the position abolished.

Submitted by Amos DeWitt (not verified) : Feb 19, 2016 1:35am

Great. Now we can have a 4-4 split on everything and get nowhere...

Submitted by Anonymous (not verified) : Feb 19, 2016 6:10am

Don't let that race baiting, poor excuse for a president ruin this country any more than he already has. He has ruined the credibility of our great nation through out the world. Just let him twiddle his thumbs and keep his stupid thoughts to himself

Submitted by Anonymous (not verified) : Feb 19, 2016 6:45am

That was my post about the race baiting pres, Just forgot to add my name

Submitted by Fred C. (not verified) : Feb 19, 2016 6:48am

Fred C.- What you are passing smells worse than what I am passing. Why are you dragging race into this and what the heck is race baiting? -FF

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 8:56am

It is our two party political establishment that is ruining our country. The left and the right that govern this country are so far apart because of their bickering and differences that nothing ever gets accomplished and the people suffer for it. They all suck.

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 8:45am

funny anonymous, I was thinking the same thing about.

Submitted by Larry 173d (not verified) : Feb 19, 2016 11:47pm

I Read an article from a smart man. 545 vs 300,000,000.The 545 is congress, senate, president and the supreme court and they make and pass all the laws for us 300,000,000. I Never looked at it that way. This is why we need The American Legion, as veteran's it gives us a powerful voice in Washington. As you can see in these blogs we all don't agree on a lot of things and that is expected. When I read where someone says the Legion should not say this or that remember 545 vs 300,000,000. Charlie said have you ever wondered if all politicians are against inflation and high taxes then why do we have inflation and high taxes. Remember united we stand divided we fall.

Submitted by Don A. (not verified) : Feb 19, 2016 9:33am

The basic definition of "corruption" is when an individual, group, or faction has established a means in which to control the outcome of their will for benefit or gain. It is power that was not earned, but rather manipulated through the very system that was intended to prevent it. It is nearly impossible for president, senator, or congressman to get elected without the backing and support of a political party. Once that person becomes is elected to office, they become a puppet for the party that helped get them elected. The constituents that provided the winning votes are no longer the primary concern for them, it is their party, PACs, and special interest groups. Hello, the AL and VFW are slowly losing it's clout with its aging and dying membership, and both parties are happy for it. They are all anticipating the time when they no longer have to listen to vets from wars that happened 50-75 years ago. Instead of taking one side which contributes to the problem of partisanship, how about taking a stand against it?

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 10:02am

What does the law say about nominating ? In the meantime the V A keeps abusing veterans. I m happy to hear our Commander is testifying in congress . He should take a few vets with him . Can you imagine women serving our country and being raped . These rapist should be #$@$%^ . Sorry got off the topic.

Submitted by Manuel P Garcia (not verified) : Feb 19, 2016 12:03pm

What does the law say about nominating ? In the meantime the V A keeps abusing veterans. I m happy to hear our Commander is testifying in congress . He should take a few vets with him . Can you imagine women serving our country and being raped . These rapist should be #$@$%^ . Sorry got off the topic.

Submitted by Manuel P Garcia (not verified) : Feb 19, 2016 12:04pm

Any President has the Constitutional right to nominate anyone he chooses. However given the poor judgement our President has shown I think the Senate has the power to reject any nomination that is not in keeping with the standards exhibited by Justice Scalia)spelling?)

Submitted by George Yohanek (not verified) : Feb 19, 2016 2:38pm

There just may be a possibility that he nominates a judge who has previously been accepted/confirmed by both parties for nominations to lower courts.

Submitted by Flatulent Fred (not verified) : Feb 19, 2016 7:25pm

Standards, you mean his 1950s beliefs where only white men make the rules and his beliefs in inequality?

Submitted by TimS (not verified) : Feb 22, 2016 10:44am

The sitting president has the right to submit a nomination for the supreme court. However that does not mean he should. Since we are so close to an election I believe it is in the best interests of the country for the nomination to be delayed.

Submitted by Daniel Schauer (not verified) : Feb 22, 2016 10:26am

I agree with Daniel. Thanx.

Submitted by Chris Bosco (not verified) : Feb 22, 2016 1:27pm

The president is the president until the next one is sworn in. There is nothing that says the president's executive powers are limited in the final year of the final term. He got elected twice, so obviously the majority voted for their best interests.

Submitted by Flatulent Fred (not verified) : Feb 22, 2016 3:30pm

The President has the right and authority to make a nomination and the Senate is bound by their jobs to hear it and vote on it. Stone-walling just to make a political statement is wrong. I don't care which party you're affiliated with. Its not like they are guaranteed to win the presidency.
Justice Kennedy was confirmed in the final year of Reagan's presidency by a 97-0 margin and the Senate was controlled by democrats. Conservatives need to actually try and help the country and not just the Koch brothers and their ilk.

Submitted by TimS (not verified) : Feb 22, 2016 10:40am

The Koch brothers? Really? What about the Democrats refusing to entertain any judicial appointments of GW Bush during his last year and a half, led by Schumer, who now is ranting and raving that Obama has a "right" to his choice. Bunk! This close to a presidential election calls for the people having the right to be heard on which way the Supreme Court is going to lean through an election scheduled for a little over 8 months from now. Read the Constitution. The Senate has the right via the Constitution to wait, and many of us feel in view of the disastrous Obama administration for the past 7 year, the DUTY as well. Legal scholars who are honest agree.

Submitted by Tim B (not verified) : Feb 22, 2016 2:17pm

Never heard of political stone walling referred to as duty. Do-do maybe. So is that why this country has so many problems? Our elected officials doing their duty? Give me a break. And enough with the "he did it to me first so my turn to get him back". So frigging middle school. Be leaders for crying out loud.

Submitted by Flautulent Fred (not verified) : Feb 22, 2016 3:25pm

Justice Kennedy's confirmation had been held up for a couple of years by the Democrats, so it is not the same situation.

Submitted by Dan Wingo (not verified) : Feb 23, 2016 3:41pm

The vile comments on this board against our President, who was elected TWICE, are repulsive. Our family was just about to join the Legion. Not anymore. I didn't know you were such a disrespectful group.

Submitted by Theresa (not verified) : Feb 24, 2016 5:03pm

Theresa.
I would hope you are an intelligent enough person to realize the folks that post on blogs are a very small percentage of the true membership. I even question you as why would you even be logging on a American Legion web site and participating in a poll unless your just a trouble maker and wanted to lash out at a Veterans group. I would also question your eligibility to even belong to this family of veterans. I hope my feelings about you are wrong.

I feel that the president can nominate a candidate to the Supreme Court but I also feel the Senate should delay until after a new president is elected. This is just my opinion.
Please remember that all of us in the United States still have our 1st Amendment rights to speak our mind and if someone says something that you don't like to hear, its still their right to say it. Your choice is to move on with your life or only listen to folks that have your identical way of thinking. Please don't be an ostrich with your head in the sand.

Submitted by Tom Coons (not verified) : Feb 25, 2016 11:03am