The student news site of Susquehannock High School in Glen Rock, Pennsylvania.

The Susquehannock Courier

Filed under Commentary

A New Stare Decisis: Let the Court Stand

Both the president and the Senate are given power in this situation. Photo is Public Domain, https://commons.wikimedia.org/w/index.php?curid=15795309.

Karly Matthews

Both the president and the Senate are given power in this situation. Photo is Public Domain, https://commons.wikimedia.org/w/index.php?curid=15795309.

Hang on for a minute...we're trying to find some more stories you might like.


Email This Story






  The death of a public figure is never met with something as simple as mourning. In Associate Supreme Court Justice Antonin Scalia’s case, death was met with an ultimatum and conflict over the empty Court seat he left behind.

  Too early, some argued, to be respectful of the dead, the Republican-majority Senate, led by Mitch McConnell, proclaimed that it would not under any circumstances approve President Obama’s nominee, even suggesting the president shouldn’t nominate anyone and neglect his constitutional duty. Democrats responded in an uproar, citing the Constitution’s words that give the president that very power. But, as Republicans retorted, the Constitution’s words also gave the Senate the power to block nominations.

Almost immediately after Justice Scalia's death, many member of the Republican Party vocalized their opinions. Photo courtesy of @GOP on Twitter.

Almost immediately after Justice Scalia’s death, many members of the Republican Party vocalized their opinions. Photo courtesy of @GOP on Twitter.

  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.”  Obviously, the Republican Senate is in the wrong for telling the president not to nominate someone, basically spitting on the Constitution’s fairly clear words. Yet, as both Parties are asserting only one part of the Section, this phrase gives both the president and the Senate power in this struggle. In all honesty, that only makes the situation harder because no one is a clear winner. The Constitution does not say that the President trumps the Senate or vice versa. That said, neither group can be written off as completely wrong, so the Senate deserves more understanding for its actions.

  As background information, Merrick Garland, the man President Obama ultimately nominated, is completely qualified and was previously considered for the court in 2009 and 2010. In that respect, he probably should be considered for the Court. He is an alum of both Harvard College and Harvard Law School, is previously respected by both Democrats and Republicans, and has experience in the D.C. District Courts.

  President Obama created the perfect storm for the Senate in this moderate, qualified, and overall pleasant nominee. In fact, he seems to be the opposite of Scalia, who was constantly the center of controversy as a stanch conservative. The Senate looks absolutely heartless for not even holding hearings for a man who “sold his comic book collection” to get through Harvard Law School, but that’s not all there is to it. The point isn’t that Garland is a good nominee; the point is that he would not stand up for values- such as the Second Amendment- that conservatives need him to. That in mind, the Senate has the right to deny the nominee if the majority of the chamber agrees on the denial.

President Obama nominated Merrick Garland in mid-March. Photo by The White House - The White House, Public Domain, https://commons.wikimedia.org/w/index.php?curid=47588182

President Obama nominated Merrick Garland in mid-March. Photo by The White House – The White House, Public Domain, https://commons.wikimedia.org/w/index.php?curid=47588182

  Governmental procedures are not black and white and have gray areas stretching for miles and miles in the ambiguous language of the Constitution. So, with the political ideology of SCOTUS hanging in the balance with this nomination, the Republican senators are fighting an ideological battle that they believe is right for the country while President Obama is performing his civic duty. It’s hard to say who is, without a doubt, correct, but the Senate is certainly justified in not laying down and succumbing to the president’s will.

  It is absolutely essential to remember that the senatorial majority is not denying the nomination for fun or to even give the president grief; those representatives are speaking for many Americans who adhere to similar values. It’s impossibly hard to imagine forgetting your political standing to objectively approve a Justice. Senators live and breathe politics and views that are deeply ingrained in who they are.

In a nutshell, the Senate is supposed to speak for the people who elected them. The president is not a king or a dictator who should get his way just because of his title. The Senate exists for a reason, and this is it.

Print Friendly

Leave a Comment

If you want a picture to show with your comment, go get a gravatar.




Navigate Right
Navigate Left
  • A New Stare Decisis: Let the Court Stand

    News

    Student Council Plans Jail-a-Teacher

  • A New Stare Decisis: Let the Court Stand

    News

    Attention, Seniors!

  • A New Stare Decisis: Let the Court Stand

    News

    Community Members Plan Earth Day Event at Ruins Park

  • A New Stare Decisis: Let the Court Stand

    Arts and Entertainment

    Shrek Cast Prepares to Perform

  • A New Stare Decisis: Let the Court Stand

    Showcase

    Register for the 5K Color Run

  • A New Stare Decisis: Let the Court Stand

    Showcase

    Lady Warriors Win First District Title in School History

  • A New Stare Decisis: Let the Court Stand

    Showcase

    Mini-THON Raises More Than $4,000 So Far

  • A New Stare Decisis: Let the Court Stand

    News

    How Does Susky Give Back?

  • A New Stare Decisis: Let the Court Stand

    Features

    Deborah Bosley Retires After 23 Years of Assisting

  • A New Stare Decisis: Let the Court Stand

    Commentary

    How to Manage Your Stress

The student news site of Susquehannock High School in Glen Rock, Pennsylvania.
A New Stare Decisis: Let the Court Stand