Constitutionally Confused–Rohn Robbins

by  Clayton Moore

Dateline:  Eagle County, Colorado – March 2nd 2016.  Rohn Robbins is a long time local Juris Doctor and is clearly confused by the terms “Appoint” vs. “Nominate” – in his Fishwrap column (see below) about the U.S. Constitution – that ran today.

The ECT will now set the Constitutional Record – straight.

Topic:  Filling Vacancies on the U.S. Supreme Court

Per our great U.S. Constitution, our elected President has the power to NOMINATE an individual to fill a vacancy on the Supreme Court.  The President does not have the power to unilaterally APPOINT an individual to fill a vacancy on that Court.  (see below)

Per our Constitution – after the President NOMINATES an individual, (he/she) walks over to the U.S. Senate (into the Senate Judiciary Committee) to start the process of their “Confirmation Hearings”.  Should the Judiciary Committee (vote to approve) the Nominee, the Committee will call for a full vote on the Senate floor to approve (or not) that Nominee – by the full Senate.  Got that Rohn?

Interestingly – the U.S. Senate (per our Constitution) is NOT compelled to hold any hearings for any NOMINEE that the Judiciary Committee – may not like.  Yes, the Senate (Judiciary Committee) has the Constitutional Authority to reject any Presidential (Supreme Court) Nominee – and simply choose not to hold any confirmation hearings.

Now comes the Constitutionally (tricky?) part…

Should the U.S. Senate and Congress be legally “out of Session” (read:  in Recess) – there has been some discussion about the President’s Constitutional Authority to RECESS APPOINT a new Supreme Court Justice…Yes, per our Constitution the elected President has some Authority to Appoint (example: Federal Judges) – if and when Congress is legally “in Recess”.

The President does not have the Constitutional Authority to decide when Congress is “in” nor “out” of Session.  Congress does that.  Our great U.S. Constitution defines (3) “co-equal” branches of Government that is the fundamental basis for our Governmental system of “checks and balances”.

So now you know what the Constitutional Process is (and the controversy) over filling vacancies on the U.S. Supreme Court.


(Concerned the ECT has taken Rohn out of context?  Click Here to read Rohn’s entire column)





Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: