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President Obama does NOT have the right to appoint a replacement for Justice Scalia

Since the death of Justice Scalia, there's been a lot of noise coming from Democrats about how President Obama has "the right" to appoint a replacement.

No, he does not have that right.

PRESIDENT OBAMA HAS A CONSTITUTIONAL DUTY TO NOMINATE A NEW JUSTICE.  

DUTY.  OBLIGATION.  Not a right, but a DUTY.  And the Senate has a Constitutional duty to give his nominee a hearing.

Article 2, Section 2 of the Constitution states:

(The President) 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.
Got that?  The President SHALL appoint judges of the Supreme Court.  Not "will," not "may," not "unless he's a black man with 11 months left in office."  The President SHALL APPOINT.

Of course, the framers of the Constitution didn't anticipate divine intervention, nor did they anticipate a political party that has degenerated into a shrieking, evil, traitorous mob.






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