Question
I need to respond to the post below (from a classmate)? Our professor ask us all to: Explain how the law and constitution were applied
I need to respond to the post below (from a classmate)? Our professor ask us all to: Explain how the law and constitution were applied in the resolution and explain the issue involved.
The passing of Ruth Bader Ginsburg and the Supreme Court vacancy that followed her death has been thrust into the spotlight since the Justice passed last month. The major issue at hand after her death was whether President Trump should attempt to push through a nomination since the election was less than two months away. Much debate and speculation has swirled around the topic, specifically questioning the constitutionality of the President's nomination.
It appears that President Trump is operating well within his constitutional rights as the President. According to constitutioncenter.org, "under Article II, Section 2, of the Constitution, the Supreme Court nomination process starts with the selection of a Supreme Court nominee by President Trump. The President then will officially notify the Senate of the nominationusually via a written statement. This is related to the Constitution's 'Appointments Clause' in Article II, Section 2, Clause 2, which reads that the President 'shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.' Article I Section 5 of the Constitution allows both houses of Congress to create their own rules for proceedings, including the judicial confirmation process. And under the Senate's current standing rules, the nomination is sent to the Senate Judiciary Committee, unless the nominee is a current or former Senate member." The constitution clearly provided the boundaries for the President to operate under the current situations.
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