Senate Democrats need to ask Judge Gorsuch the following question posed by Alan Dershowitz;
What is his opinion on Republicans actions regarding Merrick Garland's nomination?
It is an embarrassing question for Judge Gorsuch because as a constitutional originalist, he must certainly agree that the Senate has a constitutional obligation either to consent or deny consent to a presidential nominee. There is nothing in the text of the Constitution or in its original purpose that would allow senators simply to refuse to perform their constitutional obligation, in the hope that the next president will be of their party.
IMHO Senate Democrats do not have the balls God gave Grind if they don't ask this question. It would be smart politics and even better drama.
This brings up an interesting question. If Senators have a constitutional duty to give or deny their advice and consent on Judge Garland's appointment could members of the American public, who would certainly have standing, file a suit against Gorsuch's appointment?
Tis the point no? There is nothing in the Constitution regarding such matters. The Constitution is not a list of rights, its a negative document drafted and ratified by the states/people to place limits upon the power and scope of Big Brother Fed.
Where the Constitution is silent....guess who that silence belongs to? The People...i.e., the peoples REPRESENTATIVES.....just as clearly stated in Article 10, the 10th amendment. Its time both parties got back to observing the Constitutional Rule of Law and the House Rules of Order. Distinguished Gentlemen MY ASS....little cry baby bitches.
You hit the nail on the head. The left should ask the constitutional scholar that question....it demonstrates their ignorance of the Constitution.
Read the Constitution regarding What is not written or authorized by the States...it does not belong to the federal courts as an agent of the Federal Government...it belongs to THE STATES.....PEOPLE..i.e., their representatives as this is a representative constitutional REPUBLIC.
Amendment 10...with no ambiguity whatsoever. To paraphrase, as wiki describes the clear language, '....the federal government possesses only the power delegated to it by the United States Constitution (no where in that constitution does it declare that the Senate must consider any potential appointment presented to it by the executive branch)....ALL REMAINING POWERS ARE RESERVED FOR THE STATES OR THE PEOPLE.'
https://en.m.wikipedia.org/wiki/10th_Amendment
Who represents THE PEOPLE/STATES interests? The senate and the house of congress. In reality...the situation you described is the very reason that the Fed was broken up into 3 distinct and separate branches...so one branch can have a check on the others. The executive branch can't order the senate to do a damn thing about appointments...especially when its an 11th hour appointment in the middle of an election year and the executive branch attempts to do an end run around the peoples representatives. Especially when the Biden rule has established a tradition precedent...and that with 18 months remaining in the term...not less than 12.
Just show us the Article Section and Clause that demands the senate to consider any appointment suggested by the executive branch. The senate does so by choice and circumstance that best serves the people....not a political party.
That's like President Trump suggesting the senate use the nuclear option to confirm his appointment choice.....that was out of bounds also. I would not blame the senate if they flipped him the bird. The reality? The lunatic left accuses others of stealing the seat...when it was the left that attempted to circumvent the Constitution and the Senatorial precedent when it attempted to sneak in a seat in the middle of an election. Indeed...it was an attempt to steal a seat....look in the damn mirror, the left attempted to silence the people and their vote and not wait to given them a choice in the matter at the ballot box...by giving their personal choice the bums rush...but it didn't work because the Senate used the powers delegated it by the damn Constitution and stopped the attempted theft in its tracks.
Again....show us one thing in the Constitution that demonstrates that the last senate broke constitutional law. Article, Section and Clause. If the lunatic left believes that their seat was stolen.....simply sue to be made whole under the US RULE OF LAW. LMAO. They will not because they know they don't have a legal leg to stand on.
