By Kevin Carson
A. The recent death of Judge Antonin Scalia provides the context for greater political upheaval throughout this election year. Many Christians voiced their views on social media, often according to political party lines, as to whether President Obama should be able to select a replacement for Judge Scalia. Both in print and on air, the majority of conversations stems primarily from personal opinion.
WHAT DOES THE CONSTITUTION REQUIRE?
In reality, it says very little. Under Article II, which concerns the position and power of the President, Section 2, it reads:
[The President] He 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.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. (Underlined for emphasis)
Basically, the President has two options according to the Constitution.
First option: the President can appoint a nominee to fill the vacancy during the Senate’s Session. If this is President Obama’s choice, the Senate then has the responsibility to give advice and consent. In other words, the Senate must confirm the nominee before that person becomes a Supreme Court Justice.
Second option: the President can appoint an individual to fill the vacancy during any Senate recess this year. This person would immediately become a Supreme Court Justice and would remain so until the end of this Supreme Court Session.
WHAT DOES THE CONSTITUTION NOT SAY?
The Constitution is silent regarding a number of talking points online and in the media. Many individuals prefer the President to wait to nominate based on ethical reasons. Some say the Senate must immediately act upon any nomination by the President. Others insist there must not be a vacancy as there are nine seats, so there must be nine Justices. However, as interesting as these questions may be, these issues are political issues only, where each person’s personal opinion reigns. None of these issues are addressed in the Constitution. The Constitution is silent on how soon the President must make an appointment, how soon the Senate must hold confirmation hearings, and on how many Justices (ie., seats available) must sit on the Supreme Court. Initially, there were six Justices determined by the first Judicial Act in 1789; since this time, by vote of Congress the number of Justices have been as few as five and as many as ten. Only a quorum of Justices is required to do business.
SO SHOULD PRESIDENT OBAMA APPOINT A REPLACEMENT?
Constitutionally, yes — and some presidents have in their final year. Politically, it most likely depends on your political party as to your answer. Likewise, nothing forces the Senate to hold confirmation hearings in this session regardless of the President’s choice — which has happened in the past as well. No doubt, many of us who enjoy U.S. citizenship and who also are Christians desire one outcome or another, as we recognize the stewardship of God’s grace in our lives.
SO HOW DO WE RESPOND TO THIS PRESENT POLITICAL CLIMATE?
Whether we agree or not with the actions of the President or the Senate, our responsibility stays the same. We can pray for the President and the Senate. We can trust our God Who is in control. We can participate in the American political process first as Christians, then as U.S. citizens. We can look forward to Jesus’ return.
FOR CHRISTIANS TO PONDER
- The king’s heart is in the hand of the LORD. Proverbs 21:1
- All Christians are to respect the office of President. 1 Peter 2:17
- God is in control, even in politics. Daniel 2:21
- Social media use must be governed by wisdom and righteousness. Ephesians 4:29; Colossians 4:5-6
- Christians enjoy citizenship in Heaven. Philippians 3:20; Colossians 3:1-4
- The hope of Heaven continues to build in every believer through the ministry of the Spirit. 2 Corinthians 5:1-10