President Obama must demand Vice President Biden to schedule immediately a vote on Judge Merrick Garland’s nomination.
The U.S. Constitution makes Biden the president of the Senate. And it provides for the election of powerless Senate officers. Biden, like all his predecessors, has delegated authority to various subservient Senate officers.
Obama, Biden, Speaker of the House Ryan and Chief Justice Roberts are the only constitutional executives of their respective domains, possessing parallel domain authority.
Senate Majority Leader McConnell’s authority is ordained by and at the pleasure of Biden. This subordinate office facilitates Senate operations.
Constitutional mandate obligates Biden’s intervention to assure compliance. Because no constitutional amendment changed Biden’s Senate executive duties or authority, he must process and arrange for the vote up or down on the nomination.
The Senate GOP officers’ refusal transitions them into a powerless ceremonial group. A senator’s only constitutional mandate is to give advice and consent on, not process, Garland’s nomination.
Senator Charles Grassley, chairman of the Senate Judiciary Committee, and the other elected GOP officers chose not to act as delegated by Biden. The senators can refuse but Biden cannot.
Biden’s successful 17-year track record as chair of the U.S. Senate Judicial Committee with advice and consent completed for eight justices from a total of nine nominees fully processed proves he can fulfill the mandate.
Biden cannot accept or tolerate the refusal or interference by GOP senators. Therefore, utilizing all the Senate’s resources and powers, he must process and enforce.
Biden can delegate any executive authority to a senator or anyone at his pleasure without notice, consent or advice, which he can revoke, restrict, strip, limit or reassign without reason, notice, consent or advice.
Implicit in the president of the Senate’s power is the authority to assure all constitutional mandates are fulfilled, including delegated mandates. He can re-delegate at will any or all executive power of the Senate majority to the Senate minority or others.
Biden’s message must be unequivocal that conduct of blocking this constitutional mandate to give advice and consent is totally unacceptable and has consequences.
There is sufficient written, audio and video evidence of GOP senators usurpation, contempt, lack of impartiality, conflict of interest, interference and noncompliance to justify Biden recusing them.
Furthermore, Biden notifies all current and future senators that he will dispense sanctions provided by all the tools of his constitutional executive office.
Biden can accept the current, duly elected Senate GOP officers as ceremonial and powerless because of malfeasance, thereby not requiring a new replacement election.
Biden should retain or reassign his Senate executive authority to anyone, senator or not, who will adhere to the U.S. Constitution.
The GOP Senate officers attempted to stop a Senate constitutional mandate with total disdain, wanton disregard and foolishness utilizing threats and intimidation.
The new “Biden 3-Part Rule” should be (1) “No Senator is above our Constitution.” (2) There is no selective process with “Shall.” (3) The options are to vote up or down, not deny.
Biden’s assumption of control would state our Constitution is alive, well and very active. If the GOP senators disagrees the only constitutional checks and balance provided for is resolution in the Supreme Court.
Vernon Weems is an attorney in Waterloo, Iowa. He can be reached at vernon.weems@gmail.com.
