Justice Scalia was a “textualist,” meaning that he gave the
text of the Constitution ultimate weight over alternative methods to resolve a
constitutional issue. Thus, it is ironic that his greatest supporters read past
Article II, Section 2 of the United State Constitution, which defines the
powers of the President: “He shall
nominate … Judges of the supreme court (emphasis added).” The Senate, in
the same section, is given the power to “advise and consent.” There is no
provision in the Constitution for deferring this process; or making it
optional, rather than mandatory; or submitting the matter to a vote of the
people.
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