Now, to top it all, Republicans have said they will not even consider any presidential nominee to the Supreme Court. If they prevail, the court will operate with only eight members, and precedent assures us that important cases will receive a 4-4 tie.
This Makes No Sense, Unless...
Republicans won't consider the President's budget? Won't consider a Supreme Court nominee -- any nominee? Won't allow important bills to pass? Won't allow important governmental posts to be filled? Won't allow important government functions to be adequately funded? Dismantle important state agencies? It's like Republicans are saying, "No, we're not going to let you have your constitutional government."
What is going on?
Republicans are able to do these things to our government because the "framers" of our Constitution never anticipated that a (well-funded) ideology that opposes the very concept of democratic government would capture a political party, gain seats in the Congress and, as a strategy, simply refuse to participate in the processes of constitutional government.
The Founders did require an oath of office that assumes such participation, but they did not outline steps to take should obstruction be used to block operation of the government.
If you look at all of this from a perspective that Republicans are working within our form of government, it makes no sense at all. They have a constitutional duty to pass budgets, but instead allow the government to shut down. They have a constitutional duty to confirm (or not) appointments to government positions and judgeships, but they obstruct. They have a constitutional duty to consider Supreme Court nominees, but they refuse.
But if you consider that their purpose is to fundamentally change our form of government, it all makes more sense.
People who see much of the public as "takers," who view taxes as "theft," who view roads, schools and social services as "free stuff" are not people who prefer a democratic form of government. They (or at least those funding them) want a different form of government where the haves have the power and the don't-haves don't, instead of We the People sharing the power and the country.
At some point you have to take them at their word and accept that they mean what they say: "We want to get the government small enough to drown it in a bathtub." We are not looking at a disagreement over how to run our government here, we are looking at a disagreement over our form of government.
But our Constitution is clear on the form of government We the People have. That is why they are intent on setting the Constitution aside. We must tell Republicans that they took an oath to support the Constitution and its processes -- or step aside and let We the People have our government back.
What The President Should Do
President Obama should nominate a known and dedicated liberal/progressive to the court, to balance the movement conservatives on the Court now. However, unlike the conservatives, this nominee should mean it when she or he states support the Constitution, and be ready to decide cases based on the Constitution and law, not ideology.
Republicans will always nominate a dedicated movement conservative who is sworn to advance the anti-government (and therefore anti-U.S. Constitution) conservative project, against voting rights, consumer rights, environmental rights, and for corporate rule.
It's time the right-wing ideologues are called out for their obstruction of democracy -- and to make to clear that the presidential candidates who have participated in or have endorsed that obstruction have no place in our government. It's not just about a budget or a Supreme Court justice; it's about restoring the principle that the United States must act as a democracy of the people, every day of every year.
Here are two petitions that you can sign to tell Republican senators to "do their job" and consider President Obama's choice for the Supreme Court:
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