On the recordFebruary 23, 2016
I came to the floor because I am stunned. I just learned that the Republicans have announced to the country they will not even call a hearing, if and when President Obama does his job and nominates a replacement for Justice Scalia. We send our heartfelt sympathy to his family. I don't know where the Republicans have come up with this notion that this is the right thing to do. If you look at the strict constitutionalists, you know they are reading the Constitution, unless they are phonies. This is what the Constitution says, the President 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.'' Where in this does it say: except in election years. As a matter of fact, we have acted 14 times in election years. Whoever is a strict constructionist should read the Constitution, article II, section 2, clause 2. I am going to read it again: The President 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.'' It doesn't say as Senator Cornyn said: Oh, the President can nominate, but nobody else has a job to do. Oh no. It says: ``. . . and with the Advice and Consent of the Senate . .…





