Frenemies: Republicans and the Constitution

As the Republican Party clings to the words of the Constitution, they hold onto the wrong ideas. Ana Cicenia discusses the relationship between the Republican Party and the Constitution.

Despite the fact that I tend to lean towards the left in most political debates, I have always admired the Republican Party’s worship of the US Constitution. Much like their commitment to the Bible, it seems a majority of republicans also hold up the Constitution as a binding contract with zero room for interpretation. This strict constructionism, simply put, is the belief that only what is explicitly written in the Constitution shall be under the federal government’s purview, the rest is left up to the state and local governments. Although I wouldn’t entirely expound this argument as particularly reasonable, after al,l 18th Century America had a different host of problems than the 21st Century version does (I’m looking at you Second Amendment), it’s certainly attractive enough to argue that we should abide by the Founding Fathers’ (handful of white, slave-owning men) wishes. This argument, often heard in the party’s opposition of LGBT rights and historically in a variety of other civil right’s issues, has been the GOP’s go-to in its fight for increasing the states’ power (cue Nixon and the Southern Strategy).It was then to my simultaneous dismay and delight that I heard of the Senate Republican’s refusal to hold confirmation hearings for President Obama’s judicial appointment. Since the death of Justice Antonin Scalia back in February, both the White House and the Senate have been embroiled in a battle of wills. On Capitol Hill, senate republicans argue that the judicial nomination should be in the hands of the people not a president who is on his last year of his eight-year term or as the New York Times reported, “I continue to believe the Senate should not move forward with the confirmation process until the people have spoken by electing a new president,” Sen. Kelly Ayotte (R-N.H.) said in a statement.” Now normally when President Obama so much as lifts a finger, the Republican Party rears its head and tries to slap the Constitution in the face of the White House, arguing that Obama is overstepping on his executive power. Notice then folks that this time around the Constitution is markedly absent in the rhetoric led by the same senators arguing for state authority on women’s bodies, I mean, contraceptive rights. That’s because under Article II Section 2 of the Constitution the power of judicial nomination is in fact explicitly given to the president of the United States, and the purpose of the justices lifetime terms was to make the judicial branch as independent of public opinion as possible. The Republican Senators know this but instead of preaching the words of the Founding Father James Madison himself, they have appealed to the very source of power that the judiciary branch was meant to subdue, that of subjectivity and public opinion.To the supporters of the senator’s stance it might seem reasonable for the nomination of a Supreme Court judge so close to a general election (that could honestly go both ways) to be met with indignation and resistance, but let’s lend this some perspective. In Feb. 1988, a few months before the end of Reagan’s term, democrats confirmed the former president’s nomination of Justice Kennedy by a vote of 97 to 0, yet, the republicans refuse to even hold hearings on Obama’s nominee, Merrick Garland. Confirmation hearings aren’t some bill they can filibuster until death, though, it’s a job explicitly described in the Constitution under the Senate’s “Advice & Consent” responsibilities, so essentially these senators are refusing to do the job that their cherished Constitution mandates them to and that our hard earned tax dollars pay for. I am left with only one possible conclusion, the GOP is running scared. They haven’t held the White House for eight years now and with this year's US primaries unraveling the republican establishment and leaving them with the option between raving lunatic and possible zodiac killer, the next few years aren’t looking too good either. I could be the bigger person and try to sympathize with these republican senators but instead, I’ll leave you with feminist MVP and Senator, Elizabeth’s Warren’s, deliciously scathing response: “Senator McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice. In fact, they did — when President Obama won the 2012 election by five million votes.” This article was written by Ana Cicenia. Please send an email to [email protected] to get in touch. Photo Credit: Wikipedia