(Satire) by: Thomas Jefferson (Third President of the United States) *, January 27, 1801
U.S. Senate confirms Supreme Court Nominee in Seven Days in Election Year
McConnell and Graham object to historic John Marshall's nomination to be Chief Justice
Senate majority leader Mitch McConnell announced, immediately after the U.S. Senate confirmed President Adams's nomination of John Marshall to be Chief Justice of the Supreme Court, "Our Senate was wrong to confirm John Marshall. His nomination is in violation of the Constitute," Marshall declared, "because this nomination took place during the last year of Adams presidency."
He added, upon further urging by his cohort in crime, Lindsey Graham, "President Adams lost the election three months ago, and should not be allowed to make one nomination to the Supreme Court, must less two. John Jay did the right thing by refusing the first nomination, and John Marshall should have refused the second nomination. The Senate should have filibustered and obstructed this nomination and taken many days to block all of President Adam's appointments so that history would remember our obstructionism."
Graham added this information, "History will prove that we are right in our objection to Chief Justice Marshall's many years of service as Chief, and our political descendents will take much longer to make decisions, filibuster nominations, and force the Supreme Court to be short one person for over a year just because of their stubbornness and childishness.
President Adams and President-Elect Jefferson agreed that McConnell and Graham were merely showing their childishness by refusing to follow the example set by the Founding Fathers, who were allowed and encouraged to make Supreme Court nominations in the final months of their Presidencies, and who held hearings so quickly that many early nominations were confirmed in a matter of days. Mr. Third President Jefferson added the comment, "Search the Internet and you will know that we are right."
The above is satire, but it is based on facts.
- Adams did lose to Jefferson in the 1800 election, which took about half-a-year to take place. The election was finally decided when South Carolina gave Jefferson the Presidency in October, 1800.
- Because of travel time and other factors, Adams remained President until March, a lame duck President from October 1800 through March 1801.
- In January, 1801, knowing that Jefferson would be the next President, Adams nominated John Jay (who declined the honor), then nominated John Marshall on January 20, 1801. He also increased the size of the Supreme Court to make it harder for Jefferson to make later nominations.
- On January 27, a mere seven days later, the Senate confirmed John Marshall to be Chief Justice. Marshall took office on January 31, 1801.
- This is in violation of McConnell's "tradition" that nominations should never occur during the final year of a President's term of office. Washington also violated this tradition.
- Washington was heard to say, "I know that all future Presidents will obey the Constitution and make nominations as needed during every year of their presidencies, and that all future Senators will follow their sworn obligation to the Constituion and hold hearings on those nominations, even if they occur after the President loses his reelection campaign." Abraham Lincoln agreed with him and added, "Our constituents will know that they can find the truth by searching the Internet themselves. My presidential descendent should make his nomination, which I'm sure he will do, and the Senate is honor-bound, by the Constitution they swore to defend and protect, to hold a hearing on that nomination."
- President Chester Arthur, whose father was not born in the United States, added his two pence worth, "That Congress and that Republican Party, which looks nothing like the similarly named party of our day, will be remembered on Election Day for their obstructionism, not upholding the Constitution which they swore to defend and protect. If they continue their obstructionism, they will swing many red states over to the blue side of the spectrum.
- "I mean, let people make their own determination," Trump said, changing the subject, "about whether Rubio is a natural born citizen of the United States."
- The people did determine, in 2008 and 2012, that they want Obama to make a choice now and not leave them without nine Justices for a year. Let's urge our representatives and senators to honor the Constitution as it was written, and not as they think it should be written.
After Trump's declaration that the people should decide that Rubio is not allowed to be President, he susserated:
"Needless to say," he muttered, thinking himself to be unheard,
Trump wants the voters to decide if Rubio's parentage (parents born in Cuba) should prevent him from being President. By the same logic, Trump's parentage (mother born in Scotland) should prevent him from being President.
"I hope nobody finds out my mother was born in Scotland.
If they do, I'll be forced to admit that Obama and Rubio are both qualified."
Either that, or he should backtrack and admit that Obama is qualified to be President, since the Supreme Court did rule that President Chester Arthur was a "natural born" citizen of the United States in spite of his father being born in England.
(It is funny how some Republicans are declaring that only the Father's parentage counts in "natural born" decisions. I've got news for those naysayers, "Natural Birth is not possible without the mother's cooperation.")
** Source: https://en.wikipedia.org/wiki/John_Marshall