Thursday, February 18, 2016

Original Intent: Are Washington and Adams "Original" Enough for You?

In an article written for History News Network, (Wofford College professor Mark Byrnes) mercilessly fact-checked Cruz' claim suggesting that it's an American tradition that the Senate does not confirm judicial nominees during an election year.

Since Ted Cruz is always singing the praises of the Founding Fathers, Byrnes began by revealing that John Adams and George Washington both nominated Supreme Court Justices during their final months in office...

..."In the final year of his presidency, George Washington had two nominations to the Supreme Court approved by the Senate  It was an election year and he was not running for reelection.  It doesn't get more 'original intent' than that."

Adam's case is even more relevant because he nominated John Marshall for Chief Justice in January 1801 after being defeated in the 1800 election by Thomas Jefferson...

..."Adams was a lame duck in the truest sense of the term--he was serving out the remainder of his term after being repudiated by the voters.  Yet he did not hesitate to fill the vacancy in the Supreme Court, and Marshall was confirmed by a lame duck Senate," Byrnes wrote.

"Adams could easily have left the Supreme Court vacancy for Jefferson--who had already been elected, after all, and would take office in a matter of weeks--and didn't.  That seems as clear as it could be.  The founders saw no impediment to a president in the final year--or even in the final weeks--of the presidency successfully appointing new justices to the Supreme Court."...

...President Obama is still the commander-in-chief no matter how much Republicans pretend that he isn't.  And they have a constitutional duty to give any Obama nominee an up or down vote.  Because anything less would betray everything the Founding Fathers stood for.

eye'm thynkin':  The next time Ted Cruz--or any Republican--wants to argue "original intent," Democrats should ask them "What would George and John do?"

Read more at Addicting Info

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