Few people in modern history have fulfilled their oath to "preserve, protect and defend the Constitution" more than the late Justice
Scalia was so well respected that the
It doesn't take a fortune teller to predict the scenario that would present itself if the political dynamics were reversed and a Republican president were in the
The president is not about to nominate a conservative and should not be expected to. Will he pick someone who is a closet liberal, daring the
If ever there was a time for Senate Republicans to stand firm, this is it. Initial signs are good. Senate Majority Leader
Some are speculating that President Obama, who quickly announced he will name a successor to Scalia "in due time," might try to make a recess appointment after the current
For the Left, this is an opportunity to impose a liberal agenda on the nation for perhaps as many as 40 years. For the Right, it will determine whether conservatives will have the power to stop an agenda they believe is proving ruinous to the country -- economically, legally and morally. The stakes could not be higher.
"Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey, we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don't like the death penalty anymore, that's fine. You want a right to abortion? There's nothing in the Constitution about that. But that doesn't mean you cannot prohibit it. Persuade your fellow citizens it's a good idea and pass a law. That's what democracy is all about. It's not about nine superannuated judges who have been there too long, imposing these demands on society."
It will be difficult for a Republican president to find someone as good as Scalia. If President Obama puts another liberal on the court, tipping its balance, that person is likely to undo all that Scalia has done to honor the Constitution.