When the Republicans use tactics normally employed by the Democrats the Left cries foul. The Republicans refused to bring the nomination of Merrick Garland before the Senate and opted to wait until the next administration was in place to hold any confirmation hearings on any candidate to succeed Antonin Scalia for a seat on the illustrious court. That could have backfired in a major way had Hillary Clinton won the election, for it is entirely possible that she would have appointed Barack Obama to the position and he would likely have received confirmation. That would have been even more disastrous than his 8 years in the White House. It would have been the beginning of a Liberal Leftist Court during her term in office that would have completed Barack Obama’s drive to ‘fundamentally transform’ America. It would have, likely meant the effective shredding of our Constitution, and transformed it into the “Living Document” Status the Left clamors for. America would have been the clear loser!
The Constitution requires the Senate to give ‘advice and consent’ but nowhere does that document mandate that the Senate give a hearing or a vote to a nominee. Failure to give a hearing is an answer to the ‘consent’ portion of the directive for if you can give consent you can also withhold it. That is exactly what the Senate did with regard to Judge Garland. Now the new president Donald J. Trump can nominate someone to the court and hopefully he will present a nominee that adheres to the expressed views of the Founding Fathers and the Framers of the Constitution. The Framers and Founders believed the Constitution was a legally binding document that formed a covenant between the American people and their government. An agreement that would keep the government in check while providing a safeguard for our inalienable rights and liberties as citizens. The Framers and Founders would be outraged over the idea of the Constitution being a “Living Document” that would morph into whatever the whims of those in power might deem it to be at any given time. To the Framers and Founders, it was ‘etched in stone’ until and unless changed by the people through the proper channels.
Thomas Jefferson stated his position eloquently saying, “On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed.” There is nothing ambiguous in that statement. James Wilson said, “The first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it.” James Madison echoed those sentiments arguing, “Can it be of less consequence that the meaning of a Constitution should be fixed and known, than a meaning of a law should be so?” The Father of our Country and First President, George Washington contended that UNTIL and UNLESS the Constitution was changed by the people following the prescribed process it was AUTHENTIC and OBLIGATORY upon everyone. Those men offered nothing that would remotely suggest they viewed the Constitution as anything but definitive and timeless.
James Madison went even further in highlighting the distinction between a so-called “Living Constitution” and the “Constitution of a Republic.” He said, “The important distinction so well understood in America, between a Constitution established by the people and unalterable by the government, and a law established and alterable by the government, seems to have been little understood and less observed in any other country.” He recognized the uniqueness of our System of Government and the importance of strictly adhering to it and interpreting the Constitution based on ORIGINAL INTENT. Jefferson agreed and said, “Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction… If it is, then we have no Constitution. To take a single step beyond the text would be to take possession of a boundless field of power.”
Harry Truman made an incredible statement about the Constitution that is worth considering. He said, “It can be lost, and it will be if the time ever comes when these documents are regarded not as the supreme expressions of our profound belief, but merely as curiosities in a glass case.” The danger of the left can be summed up in the words of the former Vice President, Joe Biden. He said, “Just talk to me as a father – not what the Constitution says. What do you feel?” This is not about what I feel it is about what the Constitution states and a frightening revelation of how the Left views the document. That document MUST be maintained as the Law of our Land or we have lost our Constitutional Republic. I will fight to prevent that and it is my prayer that the new President will nominate a person for the Supreme Court who holds the same sentiments as our Founding Fathers and the Framers of the Constitution and interpret it by ORIGINAL INTENT, not current political winds and political correctness.
God, bless you and God bless America. We need to Pray for our leaders and make the SCOTUS a matter of serious prayer!