McConnell- Grassley cabal deprived the American people of honest government services by refusing a mandatory Constitutional duty of the Senate- advising on Obama appointments. Never in 230 years has such a thing occurred, and it’s for a simple reason- it is clearly illegal.
The “shall” language in Article II Section 2 Paragraph 2 is very important. The pronoun “he” refers to the any current serving president at the time that a vacancy occurs on the US Supreme Court.
The “Appointments” clause
“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,”
makes the job of advising and consenting to Judges of the Supreme Court mandatory when a vacancy occurs under a sitting president. The US Senate is not given and does not have the right to refuse hearings and refuse an up or down vote of a quorum of the Senate on whether the sitting president’s choice of a nominee, in this case President Obama’s choice of Merrick Garland, can be obstructed by refusing to have hearings and an up or down vote of a quorum of Senators.
The “shall nominate” and “shall appoint” language make at least a floor vote on the nominee Merrick Garland mandatory as a duty all Senators when a quorum of Senators can be convened.
The shall nominate means the president must nominate a judge or judges to fill any vacancy on the supreme court when such vacancy occurs during the president’s term in office.
The shall appoint language modifies the “by and with the Advice and Consent of the Senate” phrase and is a prepositional phrase that is an
adverbial clause. This adverbial clause modifies the “shall appoint”
language and makes the work of the Senate mandatory to advise and
consent to any nominee for supreme Court judge. If the Senate were
allowed to deny hearings and or deny an up or down vote on Presidential nominees to the Supreme Court, the term “by and with the advice and consent” would be prefaced with the helper verb “may”, that is the Senate may advice and consent. In that case however the advice and consent of the Senate to give advice and consent to the president’s chosen appointment Merrick Garland, would not even be necessary. That is then with the verb “may” added “may give advice and consent” the confirmation hearings and the up or down floor vote would not be needed for the president to make the appointment.
Thus the Senate failed to do it’s Constitutional duty in order to get a Supreme Court pick it did not have in order to keep it. Gorsuch must be removed and the Supreme Court pick reverts back to Obama, because of the illegal actions of the Senators. The Garland thing was the tip of the iceberg, as McConnell filibustered 300 times in less than 4 years, including 69 judges(approx) more than in the entire previous 230 years forcing Reid to use the Nuclear Option.
69 judges? They held up the workings of the system, so they could get their people in there, for years. Everyone working harder, less justice, because there were less justices.
After 300 filibusters, and a year without Judiciary hearings, McConnell nukes the filibuster and says getting judges on is of the first priority.
In a Country that’s bloodiest war was called Civil, this sort of underhanded unConstitutional grinding the gears of the machine because you didn’t win was just too unthinkable until this McConnell “leadership” of Senate. His hatred for Obama dragged our whole country down.