Jordi Amaral --- Obama and The Supreme Court

Jordi Amaral

AP Gov

Gordon 3

2/19/16

Obama and the Supreme Court

1. The upcoming Senate races have a serious effect on the filling of the recently created Supreme Court vacancy. Even if the Democrats were to lose the White House to Republican control, things could still be all right if the incoming Senate were to be a majority liberal or Democrat. Within the 17 day period between the Congress rolling in and the Inauguration, Obama could nominate a judge, and the Senate could ram through with a confirmation. This is where I consensus in Congress is important. Justice Scalia was very conservative, so a loss of him then replaced by a liberal is exactly what the Republicans fear. A consensus, in political terms, means that all parties would come together and agree in negotiations. If a consensus isn’t reached it could lead to even more separation in Congress and could be detrimental to the state of the US.
2. Obama has the power to directly and personally decide who the next Supreme Court Justice is. This power, however, isn’t without limitations thanks to the checks and balances found in the Constitution. He needs to have the Senate back him and nominate his candidate with a majority in a vote. He also doesn't have the power to ensure that a liberal Senate is voted in during the upcoming election, which means the possibility of a liberal Supreme Court Justice coming in is still very much up in the air.
3. A lame duck president is a president whose power starts to wane at the end of his term as Congress and the public become ready for the new president to step in. In a way it is the polar opposite of the honeymoon period of a presidency. Congress is unwilling to reach a consensus and negotiate so not much can be achieved. Obama is currently relying on his charisma and ability to capture the attention of Congress members and the public. The stamp of being a lame duck president at the end of his term is fully reliant as to whether or not he is able to put a liberal Supreme Court Judge on the bench.