Contradictions On The Duty Of Act Essay

Contradictions On The Duty Of Act Essay

Length: 1019 words (2.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Contradictions on the Duty to Act

An open letter to the Editorial Board of The Citizens’ Voice:

In the opinion piece “Stone-walling of Garland nomination dereliction of duty,” published on September 9, 2016, this editorial board was upset with the nomination process for Merrick Garland to the Supreme Court. It was characterized as an “absurd dereliction of the duty to govern.” Garland was nominated by President Obama on March 13, 2016 to fill the seat vacated after justice Antonin Scalia’s death on February 13, 2016.
One would be foolish to take this board’s characterization of the Senate’s actions or lack thereof at face value. While Garland currently holds the record for the nominee longest to wait for a Senate hearing, one would be mistaken to not reference Article II, Section 2 of the United States Constitution, and analyzing the recent hypocrisy of the Senate when commenting and acting on Supreme Court nominees. These considerations would allow the reader to form an appropriate and objective opinion on the Senate’s decision to not schedule a hearing for Garland’s nomination.
The U.S. Constitution became the law of the land on June 21, 1787. Within the Constitution, the transcript of Article II Section 2 found on the National Archives website, states that the President:

“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, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law.”

Nowhere within this section or within any other section of the Constitution requires the Senate to act upon a President’s nomination. What is includ...

... middle of paper ...

...bert Bork, a Ronald Reagan nominee, in 1987, Reid 's first year in the Senate.” Therefore, regardless of Merrick Garland’s qualifications to be a Supreme Court justice the political battle over the nomination process has taken the spotlight. According to a March 16, 2016 NPR article on Garland’s background and qualification he has been serving on the Washington D.C. Circuit for 19 years, the last three as Chief Justice and serving as deputy assistant attorney general for two years in President Clinton’s administration.
In sum, this Editorial Board of The Citizens’ Voice argues the President and Senators were elected to serve their full terms, but not scheduling a hearing for Garland’s nomination is an “absurd dereliction of duty.” Historically, this inaction by the Senate is unprecedented, yet they are still acting within their powers granted by the Constitution.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

An Analysis of Contrasting Elements in Yukio Mishima’s The Sailor Who Fell From Grace with the Sea

- Cultural Contradictions: An Analysis of Contrasting Elements in Yukio Mishima’s The Sailor Who Fell From Grace with the Sea In every direction the sea rages and growls, tumbling its inhabitants in an ever-lasting rumble. Glory, honor, and duty are washed upon the glimmering golden shores of the Japanese empire. The sturdy land-bearers clasp hands with those thrown into the savage arms of the ocean. This junction of disparate milieus forms the basis of an interlocking relationship that ties conflicting elements and motifs to paint a coherent, lucid final picture....   [tags: cultural contradictions, japan]

Better Essays
1163 words (3.3 pages)

The Grounds Of Utilitarianism That Parents Have A Moral Duty Essay example

- Julian Savulescu tries to argue on the grounds of Utilitarianism that parents have a moral duty to improve their children’s genetic makeup in the same way that they would improve the child’s “environment” or prevent diseases (The Ethical Life, 443). Julian thinks this is a duty because it will yield the most positive outcomes or consequences. He believes that failure to use genetic enhancements, when a parent has an opportunity to benefit their child, is neglecting the child’s needs which is morally wrong (The Ethical Life, 443)....   [tags: Morality, Ethics, Immanuel Kant, Utilitarianism]

Better Essays
986 words (2.8 pages)

Immanuel Kant and the Moral Law Essay

- Immanuel Kant was a German philosopher from the 18th century, widely known for his various achievements and works such as Critique of Pure Reason and Foundations of Metaphysics of Morals. Kant developed a theory of ethics that depends on reason rather than emotion called The Moral Law. Kant was not anti-religious but he wanted an ethical system that was not obscured by religion, emotion or personal interpretation. According to Kant, morality is a function of reason, based on our consciousness of necessary and universal laws....   [tags: law, duty, theory of ethics]

Better Essays
774 words (2.2 pages)

The Thought-experiments in Kurt Vonnegut's Slaughterhouse Five or the Children's Crusade: A Duty Da

- The Thought-experiments in Kurt Vonnegut's Slaughterhouse Five or the Children's Crusade: A Duty Dance With Death In 1945 Kurt Vonnegut witnessed a horrific series of bombings that led to the destruction of the German city of Dresden, where he was taken as a prisoner of war. The controversial fire-storm raid, carried out by bombers of the Royal Air Force and US Air Force, took casualties of up to a quarter million people (Klinkowitz x-xi). As a prisoner of war, Vonnegut was forced to participate as a corpse miner in the city's cleanup process....   [tags: Slaughterhouse-Five Essays]

Better Essays
3368 words (9.6 pages)

Essay on The Sarbanes Oxley Act Of 2002

- Ethicality, or the lack of, plays a large part in the broad spectrum of business. It is the duty of every business person to conform to a certain code of ethics. Because of scandals in regard to ethicality, such as Enron, WorldCom, and TYCO, The Sarbanes-Oxley Act of 2002 was passed in order to create a better system of promoting and supervising the ethicality of all businesses and their employees. “In compliance with the Sarbanes-Oxley Act of 2002, in 2003 the NYSE (2009) and the NASDAQ (2009) issued new corporate governance rules that require their listed companies to adopt and disclose a code of business conduct and ethics....   [tags: Ethics, Business ethics, Corporate governance]

Better Essays
1012 words (2.9 pages)

Essay on Kant 's Morality And Duty

- For centuries, philosophers and theorists have argued over the topic of morality. Trying to determine if a person can exhibit complete morality or whether other concepts like free will and the concepts behind self-interests will win out over morality and duty. They asked questions aimed at determining what can drive a person to ignore morality and duty as well as examining the actions that they felt embodied morality and duty. Immanuel Kant also sought to explain morality and duty. However, Kant’s perception of what constitutes morality was highly criticized and often discounted....   [tags: Morality, Immanuel Kant, Duty, Ethics]

Better Essays
868 words (2.5 pages)

Essay on Kantian Ethics: The Importance of One's Duty

- This essay will explain that I am in agreement with Kant’s theory of action to be moral when it is carried out from duty. First, what Kant means when he explains that an action is moral, it is when you actively use reason to choose and determine how to act in a given situation; what makes the action moral is the fact that you use reason based on your thoughts of what is right and no one else’s, nor subjected into any emotional appeal or instinct. To go along with that definition, Kant defines duty as an action that is freely chosen and genuine to satisfy a moral law, which, if this is true to the person, is thus acted out and motivated by a good will....   [tags: kant;s theory, duty, moral actions]

Better Essays
1315 words (3.8 pages)

Duty to Protect vs Patient Confidentiality Essay

- On October 27th of 1969, after returning home from a summer in Brazil, University of California at Berkley student, Tatiana Tarasoff was repeatedly stabbed and killed by a fellow classmate, Prosenjit Poddar. As tragic as the crime itself was, more tragic was the fact that it could have been prevented. Poddar had developed an unhealthy obsession with Miss Tarasoff during the year leading up to her death. Her continuous rejection of his advances sent him spiraling into a deep depression. He was encouraged by friends to seek treatment at the University’s student health center....   [tags: Duty to Warn]

Better Essays
602 words (1.7 pages)

Kant's Categorical Imperative in Grounding for the Metephysics of Morals

- In Grounding for the Metaphysics of Morals, Immanuel Kant first introduces his concept of the categorical imperative (CI) as an unconditional moral law. In this paper I will argue that Kant’s categorical imperative succeeds in proving that lying and murder are immoral. First, I will explain moral law and the categorical imperative, and then I will outline Kant’s Formula of Universal Law. Finally, I will evaluate two maxims to determine if the violate the categorical imperative. First, I will address what Kant means by moral law when referring to the categorical imperative....   [tags: contradiction, universal, law]

Better Essays
1184 words (3.4 pages)

Childhood Contradictions Essay

- Childhood Contradictions 1. Memories from my childhood are scarce and cloudy at best. Everything is distorted and it always seems like everyone is bigger than you, in more ways than one. From what I do remember, a major player in my development as a child was the overwhelming feeling of confusion. More times than not, I was confused by at least one of many things (authority, my own identity, physical, mental and emotional changes, etc). A child's confusion is due to the massive series of contradictions that is childhood itself....   [tags: Free Essays Online]

Free Essays
3199 words (9.1 pages)