Senate Should Advise Obama on Nominee

The recent and unexpected death of U.S. Supreme Court Justice Antonin Scalia sent shockwaves across our nation. I was floored when I heard the news. Although I had only met Justice Antonin Scalia once, his legacy will have a lasting impact on me. Scalia’s longtime “best buddy,” liberal Justice Ruth Bader Ginsberg paid tribute to him perfectly: “He was a jurist of captivating brilliance and wit.”

Scalia was a steadfast supporter of the Constitution who made principled decisions based upon what is in the text rather than what he wished was written. It is unfortunate that partisanship took over the conversation before the Justice was even laid to rest.

The partisan bickering and demands to ignore the Constitution that unfolded after Scalia’s death were an affront to his legacy. Scalia dedicated his life to serving the Constitution. It is time for the Senate to honor that service and carry out their constitutionally mandated duty to advise and consent.

To be clear: the Constitution reigns supreme. The president is not a king and he cannot rule this nation based on whatever whim or fancy that pleases him. It is also a well-known fact that it takes two to tango. My colleagues in the Senate have an obligation to provide advice to the president on nominees.

Unlike the President and his followers, Republicans in Congress and the majority of Americans believe the Second Amendment guarantees the rights of all law-abiding Americans to bear arms. We believe executive amnesty, the Clean Power Plan and Waters of the U.S. are gross oversteps of executive authority. And we believe forcing the military to transfer prisoners and close Guantanamo Bay Prison is downright criminal.

The reality is that with such a stark difference between the executive and legislative branches, I believe the Senate should fully embrace its constitutional role and advise the president on the type of nominee who should fill Scalia’s seat.

Rather than burying their heads in the sand, I would like to see the Senate put forth legitimate standards for a qualified and capable nominee. There is no mandate for the Senate to confirm whomever the president nominates, but they should be proactive and provide sound advice to the president as to whom they would consider.

Any nominee should meet the following requirements: Possess unconditional respect for the Constitution and its original intent, knowing decisions must be based upon what is written in the text. Belief that the Second Amendment guarantees all law-abiding citizens the right to bear arms and that the government may not infringe on that right. Belief in the separation and balance of power between the executive, legislative and judicial branches, and that no one branch or person is above this belief that the president cannot unilaterally create laws or force agencies to ignore laws.

President Obama has a history of writing his own rules and ignoring the laws he doesn’t like. This is clearly beyond his constitutional authority, and I have voted every chance possible to stop him in his tracks. Montana Attorney General Tim Fox has brought cases forward at every opportunity to stop Obama’s Clean Power Plan, WOTUS, and executive amnesty. With this administration’s onerous rules looming in the courts, the severity of the nomination before us can’t be overstated.

News recently broke that Obama was floating Nevada Republican Gov. Sandoval as a potential successor. Sandoval withdrew his name because he knew it was nothing more than political gamesmanship to try and cast Republicans as obstructionist. If the president were serious about the governor, he would put his money where his mouth is and actually nominate him rather than using his status as a Republican to browbeat the U.S. Senate. At the same time, I believe the Senate has an equal constitutional duty to advise the president on the characteristics and standards that would define a nominee that would pass that body.

Montanans are tired of this president, with good reason. Whether it is his willingness to trample on his constitutional limitations or his incessant knack for politicizing every possible issue that comes across his desk, we have had enough. But my colleagues in the Senate have a unique opportunity before them.

To the Senate I say: Fully embrace your job. Fully embrace the Constitution and proactively define the criteria for who should fill Justice Scalia’s shoes. They are big shoes to fill, but America did not give us the congressional majority to do small things.