[detbuch]

Originally Posted by wdmso

To all of my second amendment friends who always post about our right to bear arms (which I have no problem with). You can't have it both ways. Some of the same people who fervently believe in the second amendment also believe that President Obama shouldn't be able to appoint the next Supreme Court Justice after Scalia's death.

And they are right.

Here's the deal, like him or not, it's his right under the Constitution. Article 2 section 2 absolutely gives him that right.

No. the Constitution does not ABSOLUTELY, give the President that right. Read carefully your quote of that portion of Article 2:

"He shall have power . . . 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 . . .

That is, he has the absolute power to nominate Judges, but the power to appoint Judges is absolutely dependent on the advice and consent of the Senate.

I don't want to hear about any bull#^&#^&#^&#^& traditions...Justice Scalia was the justice who always erred on the side of never interpreting the Constitution to fit the trends of the day, I absolutely believe he would agree with Obama's right to appoint the next justice.

No he would not believe that Obama has the absolute right to unilaterally appoint the next Justice. Not only does the text (and he was a textualist) not give Obama that power, but he understood that the constitutional framers would never have given that absolute power to one person to appoint someone to such a fundamentally important position. And that the People's representatives should have a major portion of that power.

Just for the record I'm not happy about it either, but what's right is right.

Exactly, what is right is right.