Contradictions On The Duty Of Act Essay

Contradictions On The Duty Of Act Essay

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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.

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