From ACT For America <[email protected]>
Subject An Argument for Filling Ginsburg’s Seat Immediately
Date September 21, 2020 11:28 AM
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AN ARGUMENT FOR FILLING GINSBURG’S SEAT IMMEDIATELY

By Frank Salvato

In the aftermath of the death of Supreme Court Justice Ruth Bader
Ginsburg, tensions on both sides of the aisle are high. With a hotly
contested General Election just weeks away, some in the pundit/activist
spheres, conditioned by the acceptance of civil unrest in our urban areas,
are calling for acts of violence should President Trump nominate his pick
to fill the vacancy on the bench.

The problem with this, besides the obvious, is that Mr. Trump has no
choice but to deliver his nomination to the Senate for confirmation unless
he is to be irresponsible to the nation's needs and the Constitution's
mandates.

In an array of tweets, several self-important personalities issued violent
threats against the country should the President and the Senate actually do
their constitutional duties:

* "If they even TRY to replace RBG we burn the entire f-----g thing down"
and "Over our dead bodies. Literally," tweeted Reza Aslan, an Iranian-born
CNN host, born-again Islamist, and author.

* "F--k no. Burn it all down," tweeted Aaron Gouveia, author of _Raising
Boys To Be Good Men: A Parent's Guide to Bringing Up Happy Sons in a World
Filled with Toxic Masculinity_ and Father who defended his 5-year old son's
right to wear fingernail polish.

* "We're shutting this country down if Trump and McConnell try to ram
through an appointment before the election," tweeted Beau Willimon, a
former aid to John Dean's failed Senate bid and screenwriter who pilfered
the idea for _House of Cards_ from the British version.

* "Burn Congress down before letting Trump try to appoint anyone to
SCOTUS," tweeted Emmett Macfarlane, a Canadian professor at the University
of Waterloo in Ontario, Canada.

If you are disturbed by the level of hatred, aggression, and complete
disregard to the rule of law and the US Constitution then you haven't been
paying attention to what has been going on in the whole of America's urban
centers for the past six months.

But what both the foreign nationals and the US citizens noted above do not
understand, for their constitutional illiteracy, is that there are two
pressing reasons why Justice Ginsburg's seat needs to be filled _before_
the November election.

First and foremost, the country needs a full compliment on the US Supreme
Court should there be any contest to the election results this November the
likes of _Bush v. Gore_ in 2000. A deadlocked 4-to-4 decision regarding the
election of a president would send a fireball of violence into the streets
of our nation, not to mention dismantle continuity of government. With our
nation as divided as it is, we would almost assuredly devolve into a Second
US Civil War.

But more important is that the President and the US Senate are mandated by
the US Constitution to execute the workings of government. The moment a
vacancy is created it is mandated that the process of filling that vacancy
begin. The bad precedent that politicians have set in elongating this
process is just that: bad precedent.

Article II, Section 2 [1] of the US Constitution states, in part:

_"[The President] shall have Power, by and with the Advice and Consent of
the Senate, to make Treaties, provided two thirds of the Senators present
concur; and HE SHALL NOMINATE, AND BY AND WITH THE ADVICE AND CONSENT OF
THE SENATE, SHALL APPOINT Ambassadors, other public Ministers and Consuls,
JUDGES OF THE SUPREME COURT, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for, and which shall
be established by Law..."_

As you can see, nowhere in this Article, or anywhere else in the US
Constitution, does it call for a period of mourning, an exception in an
election year, or a hiatus due to an impending election. The US
Constitution simple vests the authority and mandates its execution.

Just as when the vice president is immediately sworn in as president when
a president is tragically taken from us, so too is it necessary to
immediately begin the process of filling vacancies in every other
constitutional branch of office and especially in the face of a critical
national election. The execution of these constitutional duties is _not_ a
sign of disrespect for the recently passed, it's a mandated exercise in
continuity of government, and that is government's obligation to its
people.

Politicians would love to drag out the filling of Justice Ginsburg's seat
on the bench for political reasons; to suit their political agendas.
Activists, Marxists revolutionaries, and ideologues would relish the
elongation of the process in hopes that Mr. Trump loses his re-election bid
so that Biden (or Harris) might nominate someone approved by the
group-think, oligarchic elite of the Marxist-Progressive Left, the cabal
that controls all things Democrat.

But politics is _not_ government. Let me say that again. _Politics is not
government._ We all have gotten so used to mistaking political acts for
acts of government that we have become accepting of the falsehood that the
political parties have _any_ legitimacy in the execution of government. We
have been duped into believing that politics is government, but politics is
_NOT_ -- and never should have been -- a component of government.

The shrieks of the political class who threaten retribution are the sounds
of ideologues threatening the US Constitution. Politics and political
operatives hold no sway over the mandates of the US Constitution. And while
the Sen. Schumers and Speaker Pelosis of the Left talk about a period of
mourning, that mourning _must_ happen simultaneously with the execution of
government, which means the seating of a ninth US Supreme Court justice
_prior_ to a national election.

President Washington warned us in his farewell address that politics would
be the ruin of the Republic. So far, his warning has been both spot on
_and_ ignored. Where some would say the enemy is inside the gates, I put it
to you that the enemy is, in fact, elected to office.

_Frank Salvato is the executive partner at The CompassPoint Group, LLC. He
is the host of __The Underground_ [2]_ podcast as heard on __iHeart Radio_
[3]_, __Pandora_ [4]_, __Spotify_ [5]_, __Amazon Podcasts_ [6]_, and
anywhere podcasts are heard. _

_ACT For America is a 501c3 nonprofit organization. We do not receive any
government funding or grants so that we are not muzzled from speaking the
truth. We rely on the generosity of patriots who believe in the importance
of our work so we can continue exposing America's enemies foreign or
domestic and mobilizing Americans to stand up and defend freedom. We would
be so grateful for your support. [7]_

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