Replacing Scalia: The Constitutional Facts

Screenshot_2016-02-15-09-18-04-1Before any of the political game players take our process in the wrong direction let’s see what our Constitution actually says about replacing a Supreme Court Justice:

Article 2: section 2 addresses it in defining the powers of a President;

“He shall have the power, by and with the Advice and Consent of the Senate to make Treaties………and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public ministers and Consuls, Judges of the Supreme Court,….”

That is the entire reference of our Constitution. Period.

This is why it is important to make sure we have a good President who operates with the best interests of our Constitutional Republic in his heart. This is why our Founders gave us an entire Bill of Rights so citizens could remove any official who ever turned bad on us. This is why Article 2: section 4 demands our Senate remove Presidents charged and found guilty of Treason, so treasonous Presidents are not in the driver seat when important issues like nominating Supreme Court Justices come up. We wouldn’t fear a Justice choice if Congress did their job making certain we removed dangerous Presidents. Isn’t that the root of our whole cause for concern?

This is why Article 3; section 3 clearly defines treason, “Treason against the United States, shall consist only in levying war against them, or, in adhering to our Enemies, giving them aid and comfort.”

That makes it very clear that aiding the enemy by giving them 5 generals in exchange for one American traitor is treason. That explains why the Iran Nuke Deal allowing an active, engaged enemy to obtain the worlds most deadly weapons then releasing over $100 billion dollars to finance war against us is treason. Anyone in the House or Senate who cared about our Constitution would identify the treason and act on it as our Constitution demands. They ignore it. We have 2 sitting U.S. Senators now running for President and neither will utter the words, “Barack Obama is clearly guilty of treason.”

So they give him a pass on constitutional mandates, ignoring their duty as Senators sworn by oath to support our Constitution and now they want to game it up regarding a Justice replacement. Cruz is talking filibuster to block a nomination by Obama. Why? The same GOP Cruz is safely cradled in controls the Senate. They easily have the votes to block an Obama Justice nomination. Why not honor our Constitution, let Obama nominate a Justice then just vote to block? Simple as that and it is constitutional.

Watch Cruz and you can see why he is playing fast and loose with our Constitution again. As usual. He wants a chance to stand in front of Senate cameras grandstanding, invoking the names of Reagan and Scalia for show during a campaign season. He already pulled this “All Eyes on Teddy” stunt once, it is a pattern with Cruz and it failed when he used ObamaCare as the excuse to perform, and now here he goes again. Is this leadership? Of course not but Cruz has not demonstrated he has an ability to build leadership, he has this warped notion that it is better to burn every bridge he could use to build a consensus for success. His idea of leadership is convincing voters to grant him the highest power so he can force his positions into action. He cannot comprehend a real leader earns confidence and support by demonstrating leadership skills of building support among his equals and leading them to follow his efforts to support our Constitution by gathering the votes necessary to overcome Obama. Leaders build teams; Cruz grandstands for his own benefit and makes his counterparts sick of him instead of joining him in support.

Anyone who resents his go-it-alone-approach is an establishment RINO or a nutcase liberal, both deserving of the contempt Cruz heaps upon them, further sabotaging his own efforts to be effective. Cruz does not learn from the humility of a string of failures, he blames others and claims victim status because everyone else is too ignorant to submit to him. Team building failure in grand style. The guy just doesn’t realize leadership is earned the same way respect is, by showing you are worthy of it.

We must not allow Obama to select the next Justice but our Constitution grants him the power to nominate one. Fine, let the GOP majority reject it. Why start with filibuster gamesmanship and showboating when we out here in Voter Land are sick and tired of games in DC? Just stick to the rules and our Constitution for a change. If Cruz or anyone else fears there are GOP Senators who will vote to support Obama then it is their job to rise as leaders the hard way, convince the wayward Senators to do the right thing. That is how our Founders designed the system.

The debate began to rage within minutes of reports on the death of Scalia, that seems distasteful but that is just politics. We still have no clue what obscure nominee Obama will attempt to advance but his record indicates the choice will be a socialist with a long life ahead of them. Candidate Rubio was talking to reporters about possible picks and he mentioned that extreme caution must be used in appointing a Justice to a lifetime term on the bench.

This is another huge problem due to ignoring the words and intent of our Constitution; the Justice appointments are not guaranteed as lifetime appointments. That is how Congress has abandoned more duty in oversight and balancing of powers. Again we refer to our Constitution, Article 3: section 1 regarding Supreme Court Justices: The judges, both of the supreme and inferior Courts, shall hold their offices during good behavior….” That certainly is no lifetime appointment; it is as long as they rule strictly adhering to Constitutional principles. The Supreme Court Justices have confessed to using all sorts of deviant models for decisions including societal trends and European law. Congress refuses to do their Article 3 duty and enforce good behavior by removing violators. These Justices are not supposed to be insulated from repercussions for deviating from our Constitution to suit agendas; Congress merely lays back and allows it.

And now some members want to ignore or circumvent our Constitution again regarding our highest court. They see opportunities to further their ambitions by using the opportunity for showmanship. Isn’t that what has gotten us in this awful mess in the first place? Can we please, just once try using our actual Constitution and well designed system to get America on course toward the future? Is that too much to ask? We should be demanding it.

Lynn Vogel

F. Lynn Vogel is an Iowa native, father and lifelong patriotic historian. Raised as the son of two well-informed historians he immersed himself in the small family library one room of their home was dedicated to. As an adult most of his work was in manufacturing and product development which then led to consulting and restructuring manufacturing companies struggling in a changing global economic environment. It was there he followed his fathers footsteps into writing and radio work but with a focus on historical aspects of our politics, founding and Constitution which he had studied while getting his formal business training. He is now dedicated to restoring the constitutional greatness of America for future generations, in honor of those who provided so much for us.

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