The Constitution of the United States was “ordained and established” by “We the People,” not by a particular political party.
Article II, section 1, provides “The executive power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four years…” (not three years).
Article II, section 2, provides, “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the U.S. supreme Court..” This means the President shall nominate during his four year term U.S. Supreme Court Justices, whose appointment (not nomination) is subject to the advice and consent of the Senate. Many Republicans are asserting that a President should not be allowed to make life-time appointments during his fourth year in office (Obama will be President for the next 8 months, not a few months). This is an irresponsible argument. The Constitution mandates that President is such for four years and it does not provide that his powers diminish before the last day in Office.
All federal judges are life-time appointments. Does this mean each President must violate the Constitution by not appointing a single federal judge during his last year in Office? The President as Commander-in-Chief makes lasting life and death decisions every day. Is the President to be prohibited from acting as such, including exercising the nuclear option, during the fourth year in Office? The Republican argument is unconstitutional and contrary to the concept of “We the People.”
The Constitution does not mandate a conservative U.S. Supreme Court Justice. President Obama has exercised his Constitutional mandate now it’s time for the U.S. Senate to exercise its.