02-18-2016, 07:08 PM
(02-18-2016, 07:01 PM)BmorePat87 Wrote: "and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court"
He can nominate without their consent. He requires their consent to appoint. They're exercising their power, unless you're suggesting their confirmation power is only ceremonial.
You have to use a little logic here. The Constitution creates a Supreme Court. They gave the President(not the senate) the power to appoint Justices. Why would they do that if they really didn't mean to give that power to the President?
There is no way you can read the Constitution to give the Senate the power to disband the Supreme Court by refusing all appointments. That makes no sense at all. You call that an extreme example, but that is exactly what you are claiming they have the power to do.
The constitution says the Court is supposed to exist and the President is the one who appoints the judges. The Senate is violating the Constitution by saying that the President can not appoint a justice. There is no other logical way to look at it. The Senate is blocking a power granted to the President by the Constitution.
