Government Discussion Question 3

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Lone Star College System, Woodlands *

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2305

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Political Science

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Dec 6, 2023

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docx

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1

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Government Discussion Question 3 How much weight should the President and Senate give to RBG’s “dying wish”? The President should not consider the “dying wish” of any justice when if completing his sworn duty comes into question. Timing should not stop the nomination and confirmation process. While the video clips present the opinions of both prominent political parties. History is on the side of the President fulfilling the duty to nominate a Supreme Court Justice. A Supreme Court seat has become vacant twenty-nine times during an election year whether the President was running or lame-duck, and the sitting President made the nomination all twenty-nine times. Enacting on this sworn duty started with George Washington. If the President and the Senate agree on a nomination, there is no reason to delay. Politics is a high-stakes game and sometimes it is winner take all where Supreme Court Justices are the biggest prize. 1. What point(s) is Senator Cruz making about the role that political parties have played in determining whether a president nominates a person to fill a vacancy in the last year of his term? (note that the phrase “political party” is not mentioned in the Constitution.) Political Parties have always played a role in the selection of the Supreme Court Justices. One- fourth of the justices have been selected during an election year. In the past three elections, the Senate has had a Republican majority. Of the twenty-nine times a Supreme Court nomination was made during an election year Nineteen was made while the President and the Senate were held by the same party. Seventeen of these nominees were confirmed. Where the President and the Senate are opposing parties during an election year only twenty percent of nominees are confirmed by the Senate. Senator Cruz contends that the people made the decision four years ago when electing the President and the Senate of the same party and then again during the mid-term election when the Senate control was retained by the Republicans. 1. Do you think the nomination and confirmation process should finish and end before the Nov. 3 election? Why or why not? The need for a full-court coming up to a contentious election is imperative. If a lawsuit occurs questioning the outcome of the election or the integrity of the votes collected there must be a full-court. Currently, there are 4 liberal justices and 4 conservative justices. While the American public would hope that the Justices would deliberate on the merits and facts of the case there is a good possibility that they would deliberate with political consequences in mind. The seat must be filled so it is prepared to hear cases, possibly about the election to eliminate the risk of a constitutional crisis.
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