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sofa king

(10,857 posts)
12. Oh, he shall. He SHALL!
Fri Mar 11, 2016, 05:44 PM
Mar 2016

Don't think for a moment that the former senior lecturer on Constitutional law has failed to notice that the Constitution (Article II, Section 2) does not give him a choice in the matter:

... 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...

The Senate is free to obstruct by not consenting to the nominee, but the President is not given any leeway in the matter. He SHALL nominate someone, and "shall" is not a discretionary word.

However, there is no time limit, so it may be to the President's advantage to let the Republicans play out enough rope over the matter that it hangs 'em in November. Then he can present his nominee to the new (hopefully Democratically-controlled) Senate in January.

This sort of move, using his opponents' vile behavior to win advantages for himself, is President Obama's trademark move, and I expect him to do it, or something more clever than I can envision.

In a democracy, that's what would happen. dchill Mar 2016 #1
Has the President picked a nominee? nm rhett o rick Mar 2016 #2
I am looking forward to his nominee, NHprogressive Mar 2016 #3
The discussion is moot if he doesn't choose a nominee. nm rhett o rick Mar 2016 #6
You're obviously right, but I'm not sure I'm catching your meaning: NHprogressive Mar 2016 #7
Quite the contrary, I think he should nominate someone soon. The longer he waits the rhett o rick Mar 2016 #9
Ah. Got it. NHprogressive Mar 2016 #19
Yes, he needs to do that, pronto! mountain grammy Mar 2016 #4
Oh, he shall. He SHALL! sofa king Mar 2016 #12
I heard he is considering a Hispanic Female Republican and will reveal just before the election. nm rhett o rick Mar 2016 #13
It's possible. sofa king Mar 2016 #16
Dysfunction Junction......................................... turbinetree Mar 2016 #5
The GOP senate needs to do their job Gothmog Mar 2016 #8
This message was self-deleted by its author Bernardo de La Paz Mar 2016 #10
I say let 'em be dicks, and destroy them for it. sofa king Mar 2016 #11
Absolutely. Obama gets his pick and the Senate can't sit on their hands and wait it out. CTyankee Mar 2016 #14
I think nominees can be resubmitted, too. sofa king Mar 2016 #21
Amen. n/t NHprogressive Mar 2016 #20
but the Republican Senate does not represent 2/3 of Americans maxsolomon Mar 2016 #15
A big HELL YEAH! Reagan did it. Dont call me Shirley Mar 2016 #17
I want hom to nominate Sandra Day O'Connor FreedomRain Mar 2016 #18
GIVE'EM HELL PRESIDENT OBAMA! davidpdx Mar 2016 #22
So what will the political-cost be to the Republicans? n/t PoliticAverse Mar 2016 #23
As if what we think matters in this system nt LiberalElite Mar 2016 #24
US Senators are required to take the Oath of Office, I don't understand why they get a pass. n/t Umbral18 Mar 2016 #25
They swear to uphold the Constitution, then ignore it and say they're following it, clear? LastLiberal in PalmSprings Mar 2016 #26
Not worried in the least Mr. Brutus Mar 2016 #27
Come on, do you really think they care what the American people want ! Get real ! Cosmic Dancer Mar 2016 #28
Clearly the R's believe they're on the verge of oblivion unflapped Mar 2016 #29
Above all else Rethugs fear Primary Challenges, they will never hold a hearing. kairos12 Mar 2016 #30
Republicans don't care what Americans think and they're controlling it. Vinca Mar 2016 #31
Americans, phffft. Who cares what they want? When they can buy elections, the assholes valerief Mar 2016 #32
Sign Elizabeth Warren's Petition: Senate Republicans Do Your Job & Vote on Supreme Court Nominee red dog 1 Mar 2016 #33
Looking good that Pres. Sanders will be leading the charge to fill the vacancy. /nt NCjack Mar 2016 #34
So, one in three don't understand the Constitution, I guess. spooky3 Mar 2016 #35
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