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It will be the office of the President to nominate, and, with the advice and consent of the Senate, to appoint. There will, of course, be no exertion of choice on the part of the Senate. They may defeat one choice of the Executive, and oblige him to make another; but they cannot themselves choose — they can only ratify or reject the choice of the President.

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The constitution gives the president the power to nominate and the Senate the authority to provide advice and consent on supreme court nominees. Accordingly, I intend to follow the constitution and precedent in considering the president’s nominee. If the nominee reaches the Senate floor, I intend to vote based upon their qualifications.

It has been alleged, that it would have been preferable to have authorized the Senate to elect out of their own body an officer answering that description. But two considerations seem to justify the ideas of the convention in this respect. One is, that to secure at all times the possibility of a definite resolution of the body, it is necessary that the President should have only a casting vote. And to take the senator of any State from his seat as senator, to place him in that of President of the Senate, would be to exchange, in regard to the State from which he came, a constant for a contingent vote. The other consideration is, that as the Vice-President may occasionally become a substitute for the President, in the supreme executive magistracy, all the reasons which recommend the mode of election prescribed for the one, apply with great if not with equal force to the manner of appointing the other.

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The Constitution is pretty clear about what is supposed to happen now. When there is a vacancy on the Supreme Court, the President of the United States is to nominate someone. The Senate is to consider that nomination, and either they disapprove of that nominee or that nominee is elevated to the Supreme Court. Historically, this has not been viewed as a question. There's no unwritten law that says that it can only be done on off years – that's not in the constitutional text.

Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. Even the House of Representatives, though drawn immediately from the people, will be chosen very much under the influence of that class of men, whose influence over the people obtains for themselves an election into the State legislatures. Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them.

Practically all the civil and military authorities of the government, except the Congress and the courts, hold their office at [the President's] discretion. He appoints, and he can remove. The billions of dollars of government revenue are collected and expended under his direction. The Congress makes the laws, but it is the President who causes them to be executed. A power so vast in its implications has never been conferred upon any ruling sovereign. Yet the President exercises his authority in accordance with the Constitution and the law. He is truly the agent of the people, performing such functions as they have entrusted to him.

Article Two of the Constitution clearly states, whenever there is a vacancy in one of the Court's created by the Constitution itself, the Supreme Court of the United States, the president shall — not may — the president shall appoint someone to fill the vacancy with the advice and consent of the United States Senate. And advice and consent includes consulting and voting!

The executive power is better to be trusted when it has no screen. Sir, we have a responsibility in the person of our President; he cannot act improperly, and hide either his negligence or inattention; he cannot roll upon any other person the weight of his criminality; no appointment can take place without his nomination; and he is responsible for every nomination he makes... far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment.

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Now, on other hand, as President, I cannot just impose my will on Congress -- the Congress of the United States -- even though sometimes I wish I could. The legislative branch has its own powers and its own prerogatives, and so they check my power and balance my power. I appoint some of our judges, but I cannot tell them how to rule, because every person in America -- from a child living in poverty to me, the President of the United States -- is equal under the law. And a judge can make a determination as to whether or not I am upholding the law or breaking the law. And I am fully accountable to that law.

We know that Justice Scalia's seat on the Court does not belong to any President or any political party; it belongs to the American people. When it became vacant in the middle of a contentious Presidential election, we followed the rule set down by Vice President Joe Biden and Democratic Leader Senator Schumer, which said that Supreme Court vacancies arising in the midst of a Presidential election should not be considered until the campaign ends. It is the same rule, by the way, that President Obama's own legal counsel admitted she would have recommended had the shoe been on the other foot. I have been consistent all along that the next President, Democrat or Republican, should select the next nominee for the Supreme Court. I maintained that view even when many thought that particular President would be Hillary Clinton. But now the election season is over and we have a new President who has nominated a superbly qualified candidate to fill that ninth seat. So I would invite Democrats who spent many months insisting we need nine to join us in following through on that advice by giving the new President's nominee a fair consideration and an up-or-down vote, just as we did for past Presidents of both parties.

But I believe this: by and large, the United States ought to be able to choose for its President anybody that it wants, regardless of the number of terms he has served. That is what I believe. Now, some people have said "You let him get enough power and this will lead toward a one-party government." That, I don't believe. I have got the utmost faith in the long-term common sense of the American people. Therefore, I don't think there should be any inhibitions other than those that were in the 35-year age limit and so on. I think that was enough, myself.

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The JSC appointments during my tenure were made in accordance with the Judicial Service Commission Act and the Constitution. Reappointments were effected by the appointing authority—the President of Uganda—without requiring ULS input, as incumbents were eligible for a second term

I acknowledge that my verdict will not remove the President from office. The results of this Senate Court will in fact be appealed to a higher court: the judgment of the American people. Voters will make the final decision, just as the President’s lawyers have implored. My vote will likely be in the minority in the Senate. But irrespective of these things, with my vote, I will tell my children and their children that I did my duty to the best of my ability, believing that my country expected it of me. I will only be one name among many, no more or less, to future generations of Americans who look at the record of this trial. They will note merely that I was among the senators who determined that what the President did was wrong, grievously wrong. We’re all footnotes at best in the annals of history. But in the most powerful nation on earth, the nation conceived in liberty and justice, that is distinction enough for any citizen.

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