You should know that the Honorable Justice Ruth Bader Ginsburg, who was a jurist in the highest court of the United States passed away on Friday, September 18, 2020, after 07:00 p.m., at the age of 87. Justice Ginsburg was appointed by President Bill Clinton 27 years ago. Her death comes at a politically difficult time in our country, especially during a presidential election year.
It is important that you know that according to the United States Constitution, it is the sole responsibility of the President of the United States to appoint judges to the Supreme Court. This my dear readers, is the Constitution!
- Under Article II of the Constitution, the president “shall appoint … judges to the Supreme Court,” and the Senate’s role is to provide “advice and consent” Known as the “appointments clause” of the Constitution, it lays out three sequential acts in order to fill a vacancy.First, the nomination by the president; second, the advice and consent of the U.S. Senate; and third, the appointment by the president. There is no exception for the president to refuse to nominate a successor nor is there an exception for senators to refuse to provide advice and consent.
- Only the president has the constitutional authority to nominate a justice and the Senate does not have any authority until after the president makes a nomination. Although it may be good practice, the president is under no obligation to obtain advice from the Senate before a nomination since the Senate’s duty to provide advice and consent begins only afterthe nomination.
It is also important for you to know that the Constitution also stipulates that the Supreme Court must be composed of 9 (nine) judges. When they are confirmed their appointments are for life. They cannot be easily removed from their appointments. A Supreme Court vacancy becomes available only as a result of death, resignation, retirement, or impeachment. However, impeachment is rare, and difficult to obtain.
The death of Ruth Bader Ginsburg has swung open the doors for political warfare like never seen before in our Nation, especially in the midst of an election year, when the people of this country will be electing or re-electing the President and members of the Senate and the House within the coming weeks.
You should know that the current President, Donald J. Trump, was elected by Conservatives and this Nation’s Evangelical Community, specifically and predominately due to his promise to appoint strictly constitutional judges to the Supreme Court and not have activist’s judges, or judges that are legislating from the bench. With the death of Ginsburg, Trump now has the opportunity to appoint, for the third time, another conservative, a constitutional jurist to fulfill his campaign promise to the Evangelicals, Christians and conservatives of this Nation.
It is important that you know that the Republican Party currently holds the Majority in the United States Senate, and holds the Executive Branch (the President). According to the United States Constitution, the President as well as the Senate must serve the people up to the end of their term. In this case their term comes concludes in January 2021. Therefore, the American people expect that the current President and the Senate members do the jobs they have been elected to do.
The “Progressive” Democrats realize that another constitutional, Conservative Judge appointed to the Supreme Court may jeopardize their agenda. An agenda like what we have seen in the past, when our nation had the legalization of same-sex marriage, expansion on abortions, the opposition to God in the public square, prayers in Schools, etc. The “Progressive Democrats” will attempt to stop this appointment to the Supreme court by any means necessary. They will fight this appointment tooth and nail. They will scream to high heaven demanding that this vacancy not be filled by the current President and Senate Republicans.
The Republicans will, also, fight tooth and nail. They will demand that the Democrats show some respect for the Constitution. They will stand firm that it is their constitutional duty to fill this vacancy. To do otherwise would be a dereliction of their duty.
So, my dear readers, the battle of the titans has begun. Goodbye to the news headlines on the COVID-19 Pandemic, goodbye to the mask’s mandates, and goodbye to the headlines on racism and BLM. Now the fight will focus on the next Supreme Court Judge, and all involved parties will claim they are right. But the only right that should prevail is that which is stipulated in the Constitution of these United States of America.
I am Councilmember Rev. Rubén Díaz, Sr. and this is what you should know.