Politicians who put their fingers in their ears

U.S. Supreme Court
U.S. Supreme Court is now the focus of partisan controversy


By Donald H. Harrison

Donald H. Harrison
Donald H. Harrison

SAN DIEGO – In the matter of replacing the late U.S. Supreme Court Justice Antonin Scalia, we have been witnessing a tactic perhaps best described as Republican senators putting fingers in their ears and saying to President Obama “we know we won’t like what you are going to tell us, so we’re not going to listen.”

This childish tactic—phrased as a refusal to consider any nomination until after it is known who will be the next President—is to my mind unbecoming to the Senate of the United States which is supposed to provide the President with its “advice and consent” on the appointment of U.S. Supreme Court Justices.

For those who believe in strict observance of the U.S. Constitution, as Justice Scalia was famous for, here is the Constitution’s wording as it affects the President’s power to make such an appointment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; 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, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

There is nothing in the Constitution suggesting that in the last year of his term of office, the President of the United States should be kept from carrying out his responsibilities.  In fact, Justice Anthony Kennedy was confirmed by the Senate in February 1988 during the last year of Ronald Reagan’s presidency.

When the Republican Majority Leader Mitch McConnell ordained that the Senate should simply refuse to consider any nomination from President Obama, it was a knee-jerk partisan reaction that unfortunately is all too characteristic of Washington D.C. and helps to crystallize the reason why many Americans, no matter what their party, want change in the nation’s capital.

Ironically, although Scalia was a constitutional conservative and Ruth Bader Ginsberg is one of the High Court’s most liberal members, the two were longtime friends, who respected each other and whose families socialized together, notwithstanding their philosophical differences.  Like Tip O’Neill and Ronald Reagan, they didn’t allow differences in philosophy to so poison the atmosphere that they couldn’t listen to each other and enjoy each other’s company.  Democrats and Republicans in Congress equally could profit from their examples.

Another instance of politicians putting fingers in their ears was when some Democratic senators and members of the House decided to boycott the speech by Israeli Prime Minister Benjamin Netanyahu to a Joint Session of Congress on the then impending deal with Iran on nuclear arms.

Among those who simply refused to listen was Senator Bernie Sanders, who now wants to be the President of the United States.  He had better hope that if he is elected, his former colleagues won’t follow his dreadful example and refuse to listen to any messages he might want to send them as the nation’s Chief Executive.

The President of the United States deserves to be heard respectfully, regardless of his or her political party. And this is true too of the leaders of foreign nations who are invited to address the Congress, regardless of the circumstances surrounding that invitation.  Netanyahu is the leader of a democratic country, freely elected by the citizens of Israel.  However much one might disagree with his policies, snubbing him in his official capacity as prime minister was a slap not only across Netanyahu’s face but across the collective face of the Israeli people.

What Netanyahu had to say was important, and each day since the Iran agreement was signed has proven how dangerous it was to release many billions of dollars to Iran in return for its promise to delay its nuclear armament program.  That country still is testing missiles capable of carrying nuclear weapons to Israel and beyond.  Furthermore, Iran, which previously was economically crippled, now has the capability of increasing its funding to such terrorist organizations as Hamas and Hezbollah, while continuing to support the murderous Assad regime in Syria.

The United States needs statesmen who are willing to listen to other points of view, and who are willing to take the time and make the effort to reach consensus on the important issues facing us as a nation.  We’ve had enough of partisan gridlock, and more than enough of our representatives putting their fingers in their ears.

*
Harrison is editor of San Diego Jewish World.  He may be contacted via donald.harrison@sdjewishworld.com.  Comments intended for publication in the space below must be accompanied by the letter writer’s first and last name and by his/ her city and state of residence (city and country for those outside the U.S.)

 

 

2 thoughts on “Politicians who put their fingers in their ears”

  1. Obama is acting within his delegated authority, by the constitution, if he nominates someone to the Supreme Court. However, the Senate is also acting within its delegated authority, by the constitution, if it rejects or delays this nomination. Sen. Schumer is on record calling for the rejection of all Reagan’s nominations while he still had 18 months left on his term in office. This Senate is duty bound to reject any appointee it finds deficient. Any appointee could be there for the rest of his/her life and effect an entire generation. If Obama sends up a candidate, whose past record indicates he/she is willing to invent law to fit his/her personal convictions, that candidate should be rejected. Until it is amended, constitutional interpretations should stick to the original intent of its writers.
    –Jerome C Liner, Cincinnati, Ohio

  2. The American Jewish Committee (AJC) issued a statement on Monday, Feb. 22, concerning the Supreme Court vacancy. Because it deals with the same subject as this column, we publish it here.

    “The judicial vacancy created by the death of Justice Scalia triggers two Constitutional duties, one assigned to the President and the other to the Senate. The President is to nominate someone he believes qualified to serve on the high court, and the Senate is obligated to consider whether or not to give its advice and consent to that nomination.

    “The Supreme Court is an essential institution of government, whose efficient functioning depends on having a full complement of justices. That requires the President and the Senate to discharge their respective duties. How they are exercised inevitably involves some political judgments. But whether they are exercised should not be the subject of debate.

    “Historically, AJC does not take positions on judicial nomination, nor do we expect to do so when President Obama announces his nominee to fill the current Supreme Court vacancy. But it is essential that the founders’ enshrined plan for appointment of judges be respected, not bypassed.”

Comments are closed.