Alexander Hamilton and the Supreme Court nomination crisis

By now there is (probably) not a single person in the country who remains unaware of the impending, but also already incredibly intense, showdown over President Obama’s nomination of a new Supreme Court Justice to replace Antonin Scalia, who died last month. (Facts: here. Conspiracy theories: here.)

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In justifying their refusal to consider any nominee, many Republicans cited the authority of both precedent and even some vague Senate “rule,” arguments which have since been unmasked as straight up not true. The number and intensity of opinions seems to be growing wilder and fiercer by the day, so I thought I’d one-up Republicans by appealing to an authority even higher than mere precedent or tradition: Founding Father Alexander Hamilton.

The Brennan Center for Justice at NYU does a great job explaining in this article (which can be read alternatively as a cross-posting at The Huffington Post if, for some reason, you prefer Arial to Helvetica) how the framers of the Constitution, particularly Hamilton (and Madison), expected situations like this would be handled by future generations.

As its authors note: “Our constitutional system only works if the institutional players adhere in good faith to the Constitution’s basic rules.”

Politics is an appropriately adversarial system; however, it is inappropriate, and even dangerous, to play political games with the basic, constitutive rules of a government. Politicizing the mere maintenance of the fundamental institutions of a system of government risks gutting the framework and crippling the stability of that system.

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